BETA

8 Amendments of Carlo CALENDA related to 2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b

Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 1

3. Member States shall ensure that institutions draw up, maintain and update individual statements setting out the roles ~~and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibility,~~of key function holders and the persons who are part of the governance arrangements as referred to in Article 74 (1) ~~and their duties approved by the management body.~~

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b

D 2013/36/EU
Article 88 – paragraph 3 – subparagraph 3

EBA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1093/2010, ensuring the implementation of this paragraph and its consistent application. EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].deleted

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 20

D 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1

2. The timing of the suitability assessment is subject to national law and takes place before or after the entities shall assess the suitability of members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered.

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 20

D 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 2

~~However~~Without prejudice to the timing provided for in national law, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify such immediate replacement.

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 20

Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2

Competent authorities shall complete the assessment referred to in paragraph 1 within 840 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 20

Directive 2013/36/EU
Article 91 b – paragraph 4

4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 420 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.

2022/08/22
Committee: ECON

Proposal for a directive
Article 1 – paragraph 1 – point 20

Directive 2013/36/EU
Article 91 b – paragraph 8

8. In accordance with paragraphs 1 to 7, competent authorities shall carry out the suitability assessment before members of the management body take up their positions in the following entities: (a) qualifies as largedeleted the EU parent institution~~; (b) St~~ thate that qualifies as large institution; (c) institution or that supervises large institutions affiliated to it; (d) that qualifies as large institution; (e) (f) companies in a Member State, parent mixed financial holding companies in a Member State, EU parent financial holding companies and EU parent mixed financial holding companies, having large institutions or relevant subsidiaries within their group. However, where it is strictly necessary to replace a member of the management body immediately, competent authorities may carry out the suitability assessment of members of the management body after they take up their positions. The entities shall be able to duly justify such immediate replacement.e parent institution in a Member central body that qualifies as large stand-alone institution in the EU relevant subsidiary; the parent financial holding

2022/08/22
Committee: ECON

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3 a (new)

The provisions necessary to comply with the amendments set out in Article 1, point (20), on suitability assessment shall apply from [OP please insert the date = 24 months from date of application of this amending Directive].

2022/08/22
Committee: ECON