19 Amendments of Arlene McCARTHY related to 2011/0202(COD)
Amendment 379 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) the institution is: (i) of a type that is defined under applicable national law and which competent authorities consider to qualify as a mutual, cooperative society or a similar institution for the purposes of this Part; or (ii) the institution is wholly owned by an institution as described in point (i), it has approval from the competent authorities to make use of the provisions in this Article and provided that, and for as long as, 100% of the ordinary shares in issue in the institution are held directly or indirectly by an institution described in point (i);
Amendment 462 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. For the purposes of calculating own funds on a stand-alone basis, institutions subject to supervision on a consolidated basis in accordance with Chapter 2 of Title II of Part One shallmay decide not to deduct holdings referred to in points (h) and (i) of Article 33(1) in relevant entities included in the scope of consolidated supervision. , provided that the relevant competent authority has approved this decision on the grounds that there is no current or foreseen impediment to the prompt transfer of own funds from the relevant entities to the institution; where holdings are in the jurisdiction of another competent authority, the relevant competent authority may require agreements to be in place with the other competent authority regarding the transfer of own funds;
Amendment 815 #
Proposal for a regulation
Article 326 – paragraph 5 a (new)
Article 326 – paragraph 5 a (new)
5a. The originator institution of a securitisation, where the securitised exposures were held in the trading book, may exclude those securitised exposures from the own funds requirement under this article only if the conditions for significant risk transfer in Articles 238 and 239 have been complied with.
Amendment 817 #
Proposal for a regulation
Article 344 – paragraph 1
Article 344 – paragraph 1
Subject to Articles 345 to 347, institutions shall calculate the own funds requirement for commodities risk with one of the methods set out in Articles 348, 349 or 350. A difference should be made between commodity market risk related to hedging activities for or by physical traders (including producers, end-users) and financial commodity derivatives trading whereby the counterparty of the institution is not engaged in physical commodity trading activity as its core business.
Amendment 822 #
Proposal for a regulation
Article 346 – paragraph 2
Article 346 – paragraph 2
2. Positions in gold or gold derivatives and agricultural commodity derivatives shall be considered as being subject to foreign- exchange risk and treated according to Chapter 3 or 5, as appropriate, for the purpose of calculating commodities risk.
Amendment 823 #
Proposal for a regulation
Article 346 – paragraph 3
Article 346 – paragraph 3
Amendment 824 #
Proposal for a regulation
Article 346 – paragraph 5 – introductory part
Article 346 – paragraph 5 – introductory part
Amendment 825 #
Proposal for a regulation
Article 347 – paragraph 3 – subparagraph 1
Article 347 – paragraph 3 – subparagraph 1
Options and warrants on commodities or on commodity derivatives shall be treated as if they were positions equal in value to the amount of the underlying to which the option refers, multiplied by its delta for the purposes of this Chapter. The latter positions may be netted off against any offsetting positions in the identical underlying commodity or commodity derivative. The delta used shall, where relevant, be that of the exchange concerned, subject to permission by the competent authorities, or where that is not available, or for OTC options, thatbe subject to a sufficient risk premium and be calculated by the institution itself using an appropriate model in coherence with EMIR and MIFID. Permission shall be granted if the model appropriately estimates the rate of change of the option's or warrant's value with respect to small changes in the market price of the underlying.
Amendment 826 #
Proposal for a regulation
Article 347 – paragraph 3 – subparagraph 2
Article 347 – paragraph 3 – subparagraph 2
Institutions shall adequately reflect other risks associated with options, apart from the delta risk, in the own funds requirements, including financial and non-financial risks regarding the impact of commodity derivatives prices, such as food prices and prices for farmers.
Amendment 827 #
Proposal for a regulation
Article 347 – paragraph 4 – subparagraph 1
Article 347 – paragraph 4 – subparagraph 1
EBA shall develop draft regulatory technical standards defining a range of methods to reflect in the own funds requirements other risks, apart fromif appropriate including delta risk, in a manner proportionate to the scale and complexity of institutions' activities in options.
Amendment 901 #
Proposal for a regulation
Article 395 – paragraph 2 a (new)
Article 395 – paragraph 2 a (new)
2a. The provisions of this Article shall also apply to covered bonds, as appropriate. The institutions originating covered bonds shall ensure that investors and prospective investors have all necessary information to comply with this Article.
Amendment 1318 #
Proposal for a regulation
Article 435 – paragraph 1 – point c
Article 435 – paragraph 1 – point c
(c) the most important design characteristics of the remuneration system, including information on the criteria used for performance measurement and risk adjustment, deferral policy and vesting criteria; , including the limit on total remuneration set pursuant to Article 88(2)c)bis of Capital Requirements Directive 2011/0203 (COD)
Amendment 1319 #
Proposal for a regulation
Article 435 – paragraph 1 – point c a (new)
Article 435 – paragraph 1 – point c a (new)
(c a) disclosure of the ratio between fixed and variable remuneration.
Amendment 1320 #
Proposal for a regulation
Article 435 – paragraph 1 – point d
Article 435 – paragraph 1 – point d
(d) information on the performance criteria on which the entitlement to shares, options or variable components of remuneration is based, including targets and specific and detailed performance criterion;
Amendment 1321 #
Proposal for a regulation
Article 435 – paragraph 1 – point e
Article 435 – paragraph 1 – point e
(e) the main parameters and rationale for any variable component scheme and any other non-cash benefits, including the parameters used for allocating cash versus other forms of compensation;
Amendment 1322 #
Proposal for a regulation
Article 435 – paragraph 1 – point g – point iv a (new)
Article 435 – paragraph 1 – point g – point iv a (new)
(iv a) the ratio between the total remuneration awarded to the highest paid of the persons within the categories referred to in this subparagraph and the average total remuneration paid to the staff of the institution;
Amendment 1344 #
Proposal for a regulation
Article 443 – paragraph 1 – introductory part
Article 443 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 445, to impose stricter prudential requirements, for a limited period of time, for all exposures or for exposures to one or more sectors, regions or Member States, where this is necessary to address changes in the intensity of micro-prudential and macro-prudential risks which arise from market developments emerging after the entry into force of this Regulation, in particular upon the recommendation or opinion of the ESRB, or at the request of a Member State. From one week after a Member State has made a request under this Article it may apply the stricter prudential requirements it has requested to domestically authorised firms until a delegated act is adopted confirming or rejecting the requested measures. In an emergency situation the Member State may apply such measures immediately upon issuing its request or with a delay of less than one week. The measures which may be adopted under this Article are those concerning
Amendment 1361 #
Proposal for a regulation
Article 443 – paragraph 1 a (new)
Article 443 – paragraph 1 a (new)
In regard to exposures to small or medium enterprises or natural persons meeting the criteria set out in Article 118, the provisions in paragraph 1 of this article may, exceptionally, be applied to impose less strict prudential standards as well as stricter prudential standards, where this is consistent with overall macro-prudential objectives.
Amendment 1482 #
Proposal for a regulation
Article 475 – paragraph 2
Article 475 – paragraph 2
2. By way of derogation from Article 436(1), institutions may choose whether toshall disclose the information on the leverage ratio based on either just one or both of the definitions of the capital measure specified in points (a) and (b) of paragraph 1. Where institutions change their decision on which leverage ratio to disclose, the first disclosure that occurs after such change shall contain a reconciliation of the information on all leverage ratios disclosed up to the moment of the change.