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86 Amendments of José Manuel GARCÍA-MARGALLO Y MARFIL related to 2021/0342(COD)

Amendment 387 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point l
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 52a
(52a) ‘legal risk’ means losses, including expenses, fines, penalties or punitive damages, caused by events that result in legal proceedings, including the following: (a) supervisory actions and private settlements; (b) necessary to comply with a legal obligation; (c) with a legal obligation; (d) events that arise from wilful or negligent misconduct, including inappropriate supply of financial services; (e) non-compliance with any requirement derived from national or international statutory or legislative provisions; (f) non-compliance with any requirement derived from contractual arrangements, or with internal rules and codes of conduct established in accordance with national or international norms and practices; (g) non-compliance with ethical rules. Legal risk does not comprise refunds to third parties or employees and goodwill payments due to business opportunities, where no breach of any rules or ethical conduct has occurred and where the institution has fulfilled its obligations on a timely basis; and external legal costs where the event giving rise to those external costs is not an operational risk event.deleted failure to act where action is action taken to avoid compliance misconduct events, which are
2022/08/11
Committee: ECON
Amendment 392 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point l
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 52b
(52b) ‘model risk’ means the loss an institution may incur as a consequence of decisions that could be principally based on the output of internal models, due to errors in the development, implementation or use of such models, including the following: (a) internal model and its characteristics; (b) selected internal model’s suitability for the financial instrument to be evaluated or for the product to be priced, or of the selected internal model’s suitability for the applicable market conditions; (c) selected internal model; (d) valuations and risk measurement as a result of a mistake when booking a trade into the trading system; (e) model or of its outputs for a purpose for which that model was not intended or designed, including manipulation of the modelling parameters; (f) monitoring of model performance to assess whether the selected internal model remains fit for purpose;deleted the improper set-up of a selected the inadequate verification of a errors in the implementation of a incorrect mark-to-market the use of a selected internal the untimely and ineffective
2022/08/11
Committee: ECON
Amendment 395 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point l
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 52c
(52c) ‘ICT risk’ means the risk of losses or potential losses related to the use of network information systems or communication technology, including breach of confidentiality, failure of systems, unavailability or lack of integrity of data and systems, and cyber risk;deleted
2022/08/11
Committee: ECON
Amendment 398 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point l
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 52d
(52d) ‘environmental, social or governance (ESG) risk’ means the risk of losses arising from any negative financial impact on the institution stemming from the current or prospective impacts of environmental, social or governance (ESG) factors on the institution’s counterparties or invested assets; ESG risks are not a separate type of risk, but rather a risk driver impacting other risk categories, such as credit risk, operational risk and market risk.
2022/08/11
Committee: ECON
Amendment 433 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point t
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 79
(79) ‘ADC exposures’ or ‘land acquisition, development and construction exposures’ means loans exposures to corporates or special purpose entities financing any land acquisition for development and construction purposes, or financing development and construction of any residential or commercial immovable property;;
2022/08/11
Committee: ECON
Amendment 458 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 9 – subparagraph 2 – point a
(a) contractual arrangements where the institution receives no fees or commissions to establish or maintain those contractual arrangements;
2022/08/11
Committee: ECON
Amendment 463 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 9 – subparagraph 2 – point d
(d) contractual arrangements where the institution is required tothe institution’s decision on the execution of each drawdown is only made after assessing the creditworthiness of the client immediately prior to deciding on the execution of each drawdown;
2022/08/11
Committee: ECON
Amendment 467 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 9 – subparagraph 2 – point e
(e) contractual arrangements that are offered to a credit institution or a corporate entity, including an SME, that is closely monitored on an ongoing basis.
2022/08/11
Committee: ECON
Amendment 484 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EU) No 575/2013
Article 39 – paragraph 2 – introductory part
"Deferred tax assets that do not rely on future profitability shall be limited to deferred tax assets which were created before 23 November 2016 and which arise from temporary differences, where all the following conditions are met: " Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 488 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 47a – paragraph 7a (new)
(11 a) in Article 47a, the following paragraph is added:. 7a. For the purposes of point (m) of Article 36(1), when an eligible protection provider compensates credit losses according to the original scheduled payment dates of the guaranteed exposure, and that payment is effective, the eligible protection provider shall replace the guaranteed party as debtor.
2022/08/11
Committee: ECON
Amendment 491 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 11 b (new)
Regulation (EU No 575/2013
Article 47a – paragraph 7b (new)
(11 b) in Article 47a, the following paragraph is added:. 7b. For the purposes of point (m) of Article 36(1), the competent authority may consider specific circumstances which may make the expectations for prudential provisioning inappropriate for a specific portfolio/exposure. Institutions shall notify the competent authority without delay when such specific circumstances apply along with the explanatory rationale and the internal governance applied to that decision.
2022/08/11
Committee: ECON
Amendment 502 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) No 575/2013
Article 49 –title
(13 -a) in Article 49, the title is changed by the following : Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied (13 -a) in Article 49, the title is changed by the following : Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 504 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 13 -a (new)
Regulation (EU) No 575/2013
Article 49 – paragraph 1 – point b
(13 -a) in Article 49(1) point b is replaced by the following : (b) that insurance undertaking, re-insurance undertaking or insurance holding company is included in the same supplementary supervision under Directive 2002/87/EC as the parent institution, parent financial holding company or parent mixed financial holding company or institution that has the holding; are part of a financial conglomerate as defined in Directive 2002/87/EC. Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 508 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4 – subparagraph 1
4. The holdings in respect of which deduction is not made in accordance with paragraph 1 shall qualify as exposures and shall be risk weighted in accordance with Part Three, Title II, Chapter 2 of the present Regulation.
2022/08/11
Committee: ECON
Amendment 510 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4 – subparagraph 2
The holdings in respect of which deduction is not made in accordance with paragraphs 2 or 3 shall qualify as exposures and shall be risk weighted at no more than 100 %.;
2022/08/11
Committee: ECON
Amendment 515 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:
2022/08/11
Committee: ECON
Amendment 526 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – introductory part
(i) the amount of Common Equity Tier 1 capital of that subsidiary required to meet the following:deleted
2022/08/11
Committee: ECON
Amendment 531 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459 , the specific own funds requirements referred to in Article 104 and 104 a of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulaand the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions ion third countries insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicabledividend payments. In case of third countries measured shall be based on local own funds requirements ;
2022/08/11
Committee: ECON
Amendment 535 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a –pointi – indent 2
— where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries, insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable; In case of third countries measured shall be based on local own funds requirements;
2022/08/11
Committee: ECON
Amendment 537 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive;;deleted
2022/08/11
Committee: ECON
Amendment 547 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 - point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:
2022/08/11
Committee: ECON
Amendment 559 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – introductory part
(i) the amount of Tier 1 capital of the subsidiary required to meet the following:-
2022/08/11
Committee: ECON
Amendment 564 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 Capital, as applicable;and the Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries measured shall be based on local own funds requirements
2022/08/11
Committee: ECON
Amendment 568 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 2
— where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 capital, as applicable; In case of third countries measured shall be based on local own funds requirements
2022/08/11
Committee: ECON
Amendment 570 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive;;deleted
2022/08/11
Committee: ECON
Amendment 586 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a
(a) the own funds of the subsidiary minus the lower of the following: (i)20 a) in Article 87(1), point (a) is replaced by the following: "(a) the own funds of the subsidiary: the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory own funds requirement in third countries and the own funds of the subsidiary required at local level to avoid restrictions own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; dividend payments. In case of third countries measured shall be based on local own funds requirements;; Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 665 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 575/2013
Article 111 paragraph 4
4. For contractual arrangements offered by an institution, but not yet accepted by the client, that would become commitments if accepted by the client, and contractual arrangements that would qualify as commitments but meet the conditions for not being treated as commitments, the percentage applicable to that type of contractual arrangement shall be that provided for in accordance with paragraph 2.deleted
2022/08/11
Committee: ECON
Amendment 675 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EU) No 575/2013
Article 120 – paragraph 2 – introductory part
2. Exposures with an origin residual maturity of three months or less for which a credit assessment by a nominated ECAI is available and exposures which arise from the movement of goods across national borders Trade Finance exposures as referred to Article 4(1), point (80) with an originresidual maturity of six monthsone year or less and for which a credit assessment by a nominated ECAI is available, shall be assigned a risk weight in accordance with Table 4 which corresponds to the credit assessment of the ECAI in accordance with Article 136.
2022/08/11
Committee: ECON
Amendment 677 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 38 a (new)
Regulation (EU) No 575/2013
Article 120 – paragraph 3
(38 a) in Article 120, paragraph 3 is replaced by the following: "3. The interaction between the treatment of short term credit assessment under Article 131 and the general preferential treatment for short term exposures set out in paragraph 2 shall be as follows: (a) If there is no short-term exposure assessment, the general preferential treatment for short-term exposures as specified in paragraph 2 shall apply to all exposures to institutions of up to three months residual maturity; (b) If there is a short-term assessment and such an assessment determines the application of a more favourable or identical risk weight than the use of the general preferential treatment for short- term exposures, as specified in paragraph 2, then the short-term assessment shallmay be used for that specific exposure only. Other short-term exposures shall follow the general preferential treatment for short- term exposures, as specified in paragraph 2; (c) If there is a short-term assessment and such an assessment determines a less favourable risk weight than the use of the general preferential treatment for short- term exposures, as specified in paragraph 2, then the general preferential treatment for short-term exposures shall not be used and all unrated short-term claims shall be assigned the same risk weight as that applied by the specific short-term assessment. for that specific exposure. " Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 682 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EU) No 575/2013
Article 121 – paragraph 2 – point a – point i
(i) the exposure has an origin residual maturity of three months or less;
2022/08/11
Committee: ECON
Amendment 683 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Regulation (EU) No 575/2013
Article 121 – paragraph 2 – point a – point ii
(ii) the exposure has an origin residual maturity of six monthsone year or less and arises from the movement of goods across national bordersis a trade finance exposure as referred to in Article 4(1), point (80).
2022/08/11
Committee: ECON
Amendment 685 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 40 – point a a (new)
Regulation (EU) No 575/2013
Article 122 – paragraph 1 a (new)
1a. Exposures with a residual maturity of three months or less for which a credit assessment by a nominated ECAI is available and trade finance exposures as referred to Article 4(1), point (80) with a residual maturity of one year or less and for which a credit assessment by a nominated ECAI is available, shall be assigned a risk weight in accordance with Table 4 which corresponds to the credit assessment of the ECAI in accordance with Article 136.
2022/08/11
Committee: ECON
Amendment 724 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122 a – paragraph 3 – point c – point ii – introductory part
(ii) provided that the adjustment to own funds requirements for credit risk referred to in Article 501a is not applied, 80 % where the project to which the exposure is related is in the operational phase and the exposure meets all of the following criteria:
2022/08/11
Committee: ECON
Amendment 767 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Regulation (EU) No 575/2013
Article 123 – paragraph 1 – point a – point ii
(ii) an exposure to an SME within the meaning of Article 5, point (8) of this Regulation, where the total amount owed to the institution, its parent undertakings and its subsidiaries, by the obligor or group of connected clients, including any exposure in default but excluding exposures secured by residential property up to the property value shall not, to the knowledge of the institution, which shall take reasonable steps to confirm the situation, exceed EUR 1 million;
2022/08/11
Committee: ECON
Amendment 773 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Regulation (EU) No 575/2013
Article 123 – paragraph 4 – subparagraph 1 a (new)
When the competent authorities of a third country which apply supervisory and regulatory arrangements at least equivalent to those applied in the Union assign a specific risk weight in exposures where condition “a” of this paragraph is met, institutions may risk weight such exposures in the same manner.’
2022/08/11
Committee: ECON
Amendment 818 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 45
Regulation (EU) No 575/2013
Article 125 – paragraph 1 – subparagraph 1 a (new)
As an alternative to the approach described in the first subparagraph, for an exposure secured by a residential property that complies with any of the conditions laid down in Article 124(2), point (a), points (i) to (iv),institutions may determine the risk weight to be assigned to the total exposure amount based on the exposure’s LTV ratio in Table 6aab:
2022/08/11
Committee: ECON
Amendment 819 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Table 6aab LTV50 50%LT 60%LT 80%LT 90%LT LTV100  V60% V80% V90% V100% % Risk 20% 25% 30% 40% 50% 70% weight
2022/08/11
Committee: ECON
Amendment 845 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 50 a (new)
Regulation 575/2013
Article 129 – paragraph 1 – introductory part
(50 a) Article 129(1), introductory part, is replaced by the following "1. To be eligible for the preferential treatment set out in paragraphs 4 and 5 of this Article, covered bonds as defined in point (1) of Article 3 of Directive (EU) 2019/2162 of the European Parliament and of the Council ( 22 )1) and the counterparties of derivative contracts defined in article 11 of Directive (EU) 2019/2162 shall meet the requirements set out in paragraphs 3, 3a and 3b of this Article and shall be collateralised by any of the following eligible assets: " Or. en (Regulation 575/2013)
2022/08/11
Committee: ECON
Amendment 864 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Regulation (EU) No 575/2013
Article 133 – paragraph 4 – subparagraph 2
By way of derogation from the first subparagraph, long-term equity investment, including investments in equities of corporate clients with which the institution has or intends to establish a long-term business relationship as well as venture capital firms, when they are related to activities which are part of the bank’s strategy approved by the Board, such as digitalization and sustainability, and debt- equity swaps for corporate restructuring purposes shall be assigned a risk weight in accordance with paragraph 3 or 5, as applicable. For the purposes of this Article, a long-term equity investment is an equity investment that is held for three years or longer or incurred with the intention to be held for three years or longer as approved by the institution’s senior management.
2022/08/11
Committee: ECON
Amendment 865 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Regulation 575/2013
Article 133 – paragraph 4b (new)
4b. Equity exposures in sufficiently diversified portfolios, including exposures to venture capital funds, shall be given a 190% risk weight.
2022/08/11
Committee: ECON
Amendment 924 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 66 – point c a (new)
Regulation (EU) No 575/2013
Article 153 – paragraph 5 – subparagraph 1 – table 1
(ca) in paragraph 5, table 1 is amended as follows: Remaining Categor Category Category Category Category Maturity y1 2 3 4 5 Less than 50% 70% 115% 250% 0% 2,5 years Equal or 70% 90% 115% 250% 0% more than 2,5 years Equal or 50% 70% 115% 250% 0% more than 2,5 years “strong”
2022/08/18
Committee: ECON
Amendment 925 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 66 – point c a (new)
Regulation 575/2013
Article 153– paragraph 5 – subparagraph 2 a (new)
For exposures with a remaining maturity equal or more than 2,5 years, on category 1 and 2, risk weights of 50% and 70% may be assigned, respectively, provided that the underwriting and other risk characteristics are substantially stronger than specified for the category. EBA shall develop draft regulatory technical standards to specify the conditions to be assigned the preferential RW. EBA shall submit those draft regulatory technical standard to the Commission by (12 months after the entry into force of this Regulation). " Or. en (Regulation 575/2013)
2022/08/18
Committee: ECON
Amendment 927 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 71
Regulation (EU) No 575/2013
Article 159 – point c a (new)
(c a) the sum of credit valuation adjustments related to those exposures that have been recognised by the institution as an incurred write-down
2022/08/18
Committee: ECON
Amendment 937 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 75 – point a
Regulation (EU) No 575/2013
Article 162 – paragraph 1 – subparagraph 1
1. For exposures for which an institution has not received permission of the competent authority to use own estimates of LGD, and for exposures for which an institution applies own estimates of LGD, the maturity value (‘M’) shall beither be set at 2,5 years, except for exposures arising from securities financing transactions, for which M shall be 0,5 years or, alternatively, be calculated in accordance with paragraph 2.
2022/08/18
Committee: ECON
Amendment 940 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 75 – point a
Regulation (EU) No 575/2013
Article 162 – paragraph 1 – subparagraphe 2
Alternatively, as part of the permission referred to in Article 143, the competent authorities may decide on whether the institution shall use the maturity value M as set out in paragraph 2 for all those exposures of for a subset of those exposures.;deleted
2022/08/18
Committee: ECON
Amendment 954 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 77 – point d
Regulation (EU) No 575/2013
Article 164 – paragraph 4b
4b. Where an institution is not able to recognise the effects of the FCP securing one of the exposures of that type of exposures in the own LGD estimates, the institution shall be permitted to apply the formula set out in Article 230 as the institution applies IRB approach without own estimates of LGD or CCF, with the exception that the LGDU term in that formula shall be the institution’s own LGD estimate. In that case, the FCP shall be eligible in accordance with Chapter 4 and the institution own LGD estimate used as LGDU term shall be calculated based on underlying losses data excluding any recoveries arising from that FCP.;
2022/08/18
Committee: ECON
Amendment 1022 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 111 a (new)
Regulation (EU) No 575/2013
Article 222 – paragraph 1
(111 a) in Article 222, paragraph.1 is replaced by the following : "1. Institutions may use the Financial Collateral Simple Method only where they calculate risk-weighted exposure amounts under the Standardised Approach or under the IRB approach foreseen in Article 153(5). Institution shall not use both the Financial Collateral Simple Method and the Financial Collateral Comprehensive Method, except for the purposes of Articles 148(1) and 150(1). Institutions shall not use this exception selectively with the purpose of achieving reduced own funds requirements or with the purpose of conducting regulatory arbitrage. " Or. en (Regulation 575/2013)
2022/08/18
Committee: ECON
Amendment 1023 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 117 – point a a (new)
Regulation (EU) No 575/2013
Article 228 – paragraph1b (new)
(a a) the following paragraph is inserted : 1b. Under the IRB Approach, institutions shall use E* as calculated under Article 223(5) as the exposure value for the purposes of Article 153(5). In the case of off-balance sheet items listed in Annex I, institutions shall use E* as the value to which the percentages indicated in Article 166(8) shall be applied to arrive at the exposure value.
2022/08/18
Committee: ECON
Amendment 1033 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 123 – point b
Regulation (EU) No 575/2013
Article 235 – point g
g = the risk weight of exposures to the protection provider as specified in Chapter 2 or in Chapter 3 if the institution has been granted permission to use IRB Approach for the exposure class that the protection provider belongs.
2022/08/18
Committee: ECON
Amendment 1035 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 130 – point -a (new)
(- a) paragraph 2 is replaced by the following: 2. Institutions shall calculate the exposure value of a netting set under the standardised approach for counterparty credit risk as follows: Exposure value = α ·· (RC + PFE) where: RC = the replacement cost calculated in accordance with Article 275; and PFE = the potential future exposure calculated in accordance with Article 278; α = 1,4. for netting sets with non-financial counterparties as defined in point (9) of Article 2 of Regulation (EU) No 648/2012, or with non-financial counterparties established in a third country α= 1.4 for all other nettings sets
2022/08/18
Committee: ECON
Amendment 1045 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 2 – subparagraph 3
IC = the interest component, determined at jurisdiction level for the purposes of taking into consideration high and low net interest margin jurisdictions, which is the institution’s interest income from all financial assets and other interest income, including finance income from financial and income from operating leases and profits from leased assets, minus the institution’s interest expenses from all financial liabilities and other interest expenses, including interest expense from financial and operating leases, depreciation and impairment of, and losses from, operating leased assets, calculated as the annual average of the absolute values of the difference over the previous three financial years;
2022/08/18
Committee: ECON
Amendment 1047 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 2 – subparagraph 4
AC = the asset component, determined at jurisdiction level for the purposes of taking into consideration high and low net interest margin jurisdictions, which is the sum of the institution’s total gross outstanding loans, advances, interest bearing securities, including government bonds, and lease assets, calculated as the annual average over the previous three financial years on the basis of the amounts at the end of each of the respective financial years;
2022/08/18
Committee: ECON
Amendment 1055 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 6 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1056 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph7 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 246 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1057 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 315 – paragraph 1
1. Institutions shall include business indicator items of merged or acquired entities or activities in their business indicator calculation from the time of the merger or acquisition, as applicable, and shall cover the previous three financial years. When the business indicator of the acquired entity applies a lower marginal factor than the business indicator of the acquiring entity, the difference between the business indicator of the acquired entity calculated using the marginal coefficient of the acquiring entity and the business indicator of the acquired entity calculated using the marginal coefficient of the acquired entity will be applied the following coefficients: a) 33.34% during the first year following the acquisition of the acquired entity b) 66.67% during the second year following the acquisition of the acquired entity c) 100% from the third year following the acquisition of the acquired entity
2022/08/18
Committee: ECON
Amendment 1058 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 315 – paragraph 2
2. Institutions may request permission fromwill notify the competent authority to exclude business indicator items related to disposed entities or activities from the calculation of their business indicator, through formal communication with tacit agreement (60 days silence procedure).
2022/08/18
Committee: ECON
Amendment 1059 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 315 – paragraph 3 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation].
2022/08/18
Committee: ECON
Amendment 1060 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 315 – paragraph3 – subparagraph 3 a (new)
The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1074 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 317 – paragraph 9 – subparagraph 1
9. For the purposes of paragraph 67 of 9. this Article, EBA is mandated to develop draft regulatory technical standards establishing a risk taxonomy on operational risk and a methodology to classify, based on that risk taxonomy on operational risk, the loss events included in the loss data set, that should comply with international standards.
2022/08/18
Committee: ECON
Amendment 1075 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 317 – paragraph 9 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1076 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 319 – paragraph1
1. To calculate an annual operational risk loss as required by Article 316(1), institutions shall take into account from the loss data set operational risk events with a net loss, calculated in accordance with Article 318, that are equal to or above EUR 20 000 for banks in bucket and equal to or above EUR 100.000 for banks in buckets 2 and 3.
2022/08/18
Committee: ECON
Amendment 1080 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – introductory parat
1. Competent authorities may permit an institution toInstitutions may notify competent authorities by formal communication with Tacit agreement (60 days silence procedure) the excludesion from the calculation of the institution’s annual operational risk losses exceptional operational risk events that are no longer relevant to the institution’s risk profile, where all of the following conditions are fulfilled:
2022/08/18
Committee: ECON
Amendment 1083 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – point b – point i
(i) equal to or above 15 % of the institution’s average annual operational risk loss, calculated based on the threshold referred to in Article 319(1), where the operational risk loss event refers to activities that are still part of the business indicator;
2022/08/18
Committee: ECON
Amendment 1085 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph3 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1086 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1089 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 322 – paragraph 2
2. Competent authorities shall periodically review the quality of the loss data of an institution that calculates annual operational risk losses in accordance with Article 316(1). Competent authorities shall carry out such review at least every three years for an institution with a business indicator above EUR 1 billion.
2022/08/18
Committee: ECON
Amendment 1092 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 323 – paragraph 2 – subparagraph 1
EBA shall develop draft regulatory technical standards to specify the obligations under paragraph 1, points (a) to (h), taking into consideration institutions’ size and complexity. In addition, EBA shall align the entities’ reporting requirements on operational risk with the current regulation.
2022/08/18
Committee: ECON
Amendment 1093 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 323 paragraph 2 – subparagraph 2
EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 186 months after entry into force of this Regulation]. The application date of the regulatory technical standards will at least be 18 months after publication in the OJEU.
2022/08/18
Committee: ECON
Amendment 1169 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 187
(d) the business indicator, calculated in accordance with Article 314(1), and the amounts of each of the business indicator sub-itemscomponents, which are ILDC, SC and FC, for each of the three years relevant for the calculation of the business indicator;
2022/08/18
Committee: ECON
Amendment 1177 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 189
Regulation (EU) No 575/2013
Article 449a – paragraph 2
The information referred to in the first paragraph shall be disclosed on an annual basis by small and non-complex institutions and on a semi-annual basis by other institutions.
2022/08/18
Committee: ECON
Amendment 1389 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 196 a (new)
Regulation (EU) No 575/2013
Article 465a – paragraph 2 a (new)
2a. By way of derogation from Part Three, Title II, Chapter 6, Sections 3 and 4, parent institutions, parent financial holding companies or parent mixed financial holding companies, stand alone institutions in the EU or stand-alone subsidiary institutions in Member States shall, until 31 December 2029, replace alpha by 1 in the calculation of the exposure value for the contracts listed in Annex II in accordance with the approaches set out in Part Three, Title II, Chapter 6, Sections 3 and 4.The Commission may, having taken into account the EBA report referred to in Article 514 and taking due account of Article 465.4 second subparagraph, adopt a delegated act in accordance with Article 462 to permanently modify the value of alpha, where appropriate.
2022/08/18
Committee: ECON
Amendment 1404 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence or control in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking. or when an institution is in the capacity to name at least one member of the management body of the entity.
2022/08/18
Committee: ECON
Amendment 1452 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – pragragraph 2 – subparagraph 1
2. EBA shall prepare a report to assess whether the derogation referred to in paragraph 1, point (a), should be extended beyond 31 December 20329 and, where necessary, the conditions under which that derogation should be maintained.
2022/08/18
Committee: ECON
Amendment 1473 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500 da (new)
(199 a)the following article is inserted: Article 500da 1. For the purpose of calculating loss in accordance with point (2) of Article 5, the artificial cashflow may reflect: (i) principal: total outstanding amount of the full loan at the moment of cure, but only the amount of missed payments (i.e. actual past due payments) accrued up to the moment of cure, but only the amount of missed payments (i.e. actual past due payments) accrued up to the moment of cure should be discounted; (ii) interest: amount accrued between the moment of default and the moment of cure; (iii) fees: amount accrued between the moment of default and the moment of cure; (iv) additional observed recoveries: total amount received up to the moment of cure; (v) additional drawings: firms should follow the requirements of CRR Articles 182(1)(c), 181(2)(b) and 182(3). Additional drawings included in the artificial cash flow should be treated in the same way as the principal; and (vi) costs: amount accrued between the moment of default and the moment of cure. 2. In applying point 1, the “moment of cure” may be defined as the moment when no triggers of default continue to apply at the start of the final probation period. 3. The artificial cash flow may be discounted over the actual period of default only (i.e. between the moment of default and the moment of cure) and, therefore, should not be discounted over any additional time period after the moment of cure, such as the final probation period. The rate at which artificial cash flow may be discounted should be based solely on the primary interbank offered rate during the period of default.
2022/08/18
Committee: ECON
Amendment 1490 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 201 – point b a (new)
Regulation (EU) No 575/2013
Article 501a – paragraph 1 – point o – introductory part
(b a) in point o, the introductory part is replaced by the following: ‘(o) the obligor has carried out an assessment whether the assets being financed contribute to one or more of the following environmental objectives: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410)’ Or. en
2022/08/18
Committee: ECON
Amendment 1496 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 202
Regulation (EU) No 575/2013
Article 501c – paragraph 1 – introductory part
EBA, after consulting the ESRB, shall, on the basis of available data and the findings of the Commission High-Level Expert Group on Sustainable Finance, assess whether a dedicated prudential treatment of exposures, both under the standardised and internal approaches, related to assets, including securitisations, or activities subject tosubject to material positive or negative impacts from environmental and/or social factors would be justified. In particular, EBA shall assess:
2022/08/18
Committee: ECON
Amendment 1497 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 202
Regulation (EU) No 575/2013
Article 501c – paragraph 1– point a
(a) methodologies for the assessment of the effective riskiness of exposures related to assets and activities subject to material positive or negative impacts from environmental and/or social factors compared to the riskiness of other exposure;
2022/08/18
Committee: ECON
Amendment 1505 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 202 a (new)
Regulation (EU) No 575/2013
Article 501ca (new)
(202 a)the following article is inserted: ‘Article 501ca EBA shall, by 12 months after entry into force of this regulation, report to the Commission on the appropriateness of the calibration of risk weights and expected loss for exposures of specialized lending under articles 153(5) and 158 (6). On the basis of the report of the EBA, the Commission may, where appropriate, adopt a delegated act to amend articles 153(5) and 158(6).’
2022/08/18
Committee: ECON
Amendment 1512 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 506 – paragraph 1
By 31 December 20264, EBA shall in cooperation with EIOPA report to the Commission on the eligibility and use of policy insurance as credit risk mitigation techniques and on the appropriateness of the associated risk parameters referred to in Part Three, Title II, Chapter 3 and 4.
2022/08/18
Committee: ECON
Amendment 1514 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 506 – paragraph 1
Based on the report by EBA, the Commission shall be empowered to amend this Regulation by adopting a delegated act, where appropriate, in accordance with Article 462, to amend the treatment applicable to credit insurance referred to in Part Three, Title II.; Until the Delegated Act is in force, transitional arrangements for credit insurance policies would apply as follows: By way of derogation from articles 236 (1a) and 236a(2), the LGD applicable to credit insurance policies shall be the applicable insurers’ LGD provided for in Article 161(1), multiplied by the following factors: (a) 30 % during the period from 1January 2025 to 31 December 2028; (b) 70 % during the period from 1January 2029 to 31 December 2030;80% during the period from 1 January 2031.
2022/08/18
Committee: ECON
Amendment 1516 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 204 a (new)
Regulation (EU) No 575/2013
Article 506ca (new)
(204 a)the following article is inserted: ‘Article 506ca By 31 December 2024, EBA shall report to the Commission on the impact of the output floor on the prudential treatment of securitisation, with a distinction for each type of securitisation. In particular, the EBA shall assess the extent to which the application of the output floor to securitisation exposures would affect the capital reduction obtained by originating banks in transactions for which a significant risk transfer has been recognized, would excessively reduce the risk-sensitivity and would affect the economic viability of both new and existing transactions. In such cases, the EBA shall also assess the appropriateness of a commensurate downward recalibration of the non neutrality factors under the SEC-SA in order to adequately recognize the benefit of the transactions from a risk transfer point of view. In doing so, the EBA shall take due account of the choices made by other third country jurisdictions on the matter. As part of such report, the EBA shall also assess and give consideration to the impact of extending any such downward recalibration of the non neutrality factors under the SEC-SA to all securitisations, and not just those relating to significant risk transfer. On the basis of these reports, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December2025.’
2022/08/18
Committee: ECON
Amendment 1526 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – introductory part
By [OP please insert the date = 60 months after date of application of Part Three, Title III], the EBA shall report to the Commission on all of the following:
2022/08/18
Committee: ECON
Amendment 1529 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – point a
(a) the use of insurance in the context of the calculation of the own funds requirements for operational risk, including the use of insurance policies as a mitigation technique for operational risk own funds requirements;
2022/08/18
Committee: ECON
Amendment 1536 #
José Manuel GARCÍA-MARGALLO Y MARFIL
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 2
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by [OP please insert the date = 726 months after date of application of Part Three, Title III].;
2022/08/18
Committee: ECON
Amendment 1542 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Annex – table – bucket 2
Regulation (EU) No 575/2013
Annex 1
Bucket Items 2 2Note issuance facilities (NIFs) and revolving underwriting facilities (RUFs) regardless of the maturity of the underlying facility;  Performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions and similar transaction- related contingent items;  Off-balance sheet items not constituting a credit substitute where not explicitly included in any other category. Trade finance off-balance sheet items, namely documentary credits issued or confirmed (see also ‘Bucket 4’);  Other off-balance sheet items: (i) shipping guarantees, customs and tax bonds; (ii) undrawn credit facilities (agreements to lend, purchase securities, provide guarantees or acceptance facilities) with an original maturity of more than one year; (iii) note issuance facilities (NIFs) and revolving underwriting facilities (RUFs) regardless of the maturity of the underlying facility; Other off-balance sheet items carrying similar risk, as communicated to to EBA.
2022/08/18
Committee: ECON
Amendment 1553 #
José Manuel GARCÍA-MARGALLO Y MARFIL, Isabel BENJUMEA BENJUMEA
Proposal for a regulation
Annex -– table – column 2 – row 13 -a (new)
Regulation (EU) No 575/2013
Annex 1
 Trade finance off-balance sheet items: (i) documentary credits in which underlying shipment acts as collateral and other self- liquidating transactions; (ii) warranties (including tender and performance bonds and associated advance payment and retention guarantees) and guarantees not having the character of credit substitutes; (iii) irrevocable standby letters of credit not having the character of credit substitutes;
2022/08/18
Committee: ECON
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