85 Amendments of Anne SANDER related to 2016/0360A(COD)
Amendment 191 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Basel Committee is currently considering the introduction of a leverage ratio surcharge for globally systemically important banks (G-SIBs). The final outcome of the Basel Committee's calibrFor institutions that are designated globally systemically important institutions (G-SIIs) because of their size, connectivity, complexity, irreplaceable nature or global relevance, a leverage ratio surcharge should be introduced, since G-SIIs in financial distress permanently weaken the entire financial system and this could cause a new credit crunch in the Union. Because of this danger to the financial system and to the financing of the real economy, an implicit guarantee for G-SIIs emerges based on the expectation that the state will rescue them. This can mean that G-SIIs reduce their market discipline and accept too much risk, which in turn makes future distress for the G-SII even more probable. European legislation work should give rise to a discussion on the appropriate calibration of the leverage ratio for systemically important EU institutions. take into account the strict leverage ratios which already exist in other jurisdictions in order to effectively counteract these negative externalities. Furthermore, a surcharge of this kind for G-SIIs is appropriate since G-SIIs in the Union already significantly exceed a leverage ratio of 4%. In the interests of a level playing field and in line with leverage ratios presently maintained by G-SIIs, the leverage ratio for G-SIIs should therefore be raised by 50% of a G-SII’s higher-loss absorbency risk-weighted requirements, in addition to the minimum threshold of 3%.
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point j
Article 1 – paragraph 1 – point 3 – point j
Regulation (EU) 575/2013
Article 4 – paragraph 1 – point 144 a (new)
Article 4 – paragraph 1 – point 144 a (new)
(144a) Irrespective of the accounting classification, leasing contracts where substantially all risks and rewards of an underlying asset are transferred to the lessee are to be classified as finance lease. All other leases are classified as operating lease.
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 575/2013
Article 7 – paragraph 2 – point b – point iii
Article 7 – paragraph 2 – point b – point iii
(iii) the guarantee is fully collateralised for at leastup to 50% of its amount through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC of the European Parliament and of the Council27 ; __________________ 27 Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).
Amendment 280 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 575/2013
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
This paragraph does not apply to Title IV of Part Six.
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
Amendment 294 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 575/2013
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
This paragraph does not apply to Title IV of Part Six.
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 575/2013
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. An authority that is competent for supervising on an individual basis an institution and all or some of its subsidiaries having their head offices situated in the same or different Member States than the institution's head office shall waive in full the application of Title IV Part Six to that institution and to all of these subsidiaries and supervise them as a single liquidity sub-group.
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 575/2013
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 372 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) 575/2013
Article 72b – paragraph 2 – point k
Article 72b – paragraph 2 – point k
Amendment 453 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point ii
Article 81 – paragraph 1 – point a – point ii
(ii) an undertaking that is subject by virtue of applicable national law to thcomparable requirements of this Regulation and Directive 2013/36/EU;
Amendment 482 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point a a (new)
Article 1 – paragraph 1 – point 39 – point a a (new)
Regulation (EU) No 575/2013
Article 92 – paragraph 1 – point d a (new)
Article 92 – paragraph 1 – point d a (new)
(aa) in paragraph 1, the following point (da) is added: "(da) By derogation from point d, an additional leverage ratio buffer requirement will be set at 50% of a G- SII’s higher-loss absorbency risk- weighted requirements. For example, institutions which are G-SIIs subject to a 2% higher-loss absorbency requirement would be subject to a 1% additional leverage ratio buffer requirement."
Amendment 548 #
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EU) No 575/2013
Article 104 b – paragraph 2 – point b
Article 104 b – paragraph 2 – point b
(b) each trading desk shall have a clear organisational structure; positions in a given trading desk shall be managed by designated dealers within the institution; each dealer shall have dedicated functions in the trading desk; one dealer shall be assigned to one trading desk only;(ba) one dealer in each trading desk shall take a lead role in overseeing the activities and the other dealers of the trading desk;
Amendment 549 #
Proposal for a regulation
Article 1 – paragraph 1 – point 51 – point b
Article 1 – paragraph 1 – point 51 – point b
Regulation (EU) No 575/2013
Article 106 – paragraph 5 – point a
Article 106 – paragraph 5 – point a
(a) the position has been attributed to a trading desk established in accordance with Article 104b the business strategy of which is solely dedicated to manage and mitigate the market risk of internal hedges of interest rate risk exposure. For that purpose, that trading desk may enter into other interest rate risk positions with third parties or other trading desks of the institution, as long as those other trading desks perfectly offset the market risk of those other interest rate risk positions by entering into opposite interest rate risk positions with third parties;
Amendment 550 #
Proposal for a regulation
Article 1 – paragraph 1 – point 51 – point b
Article 1 – paragraph 1 – point 51 – point b
Regulation (EU) No 575/2013
Article 106 – paragraph 5 – point b
Article 106 – paragraph 5 – point b
(b) the institution has fully documented how the position mitigates the interest rate risks arising from non- trading book positions for the purposes of the requirements laid down in Articles 84 and 98 of Directive 2013/36/EU;To ensure that trading desk appropriately offset market risks arising from banking book exposures, the institution has established, policies procedures, internal controls, analyses and independent reviews identifying and addressing: (i) the financial instruments desk stands ready to enter into; (ii) the techniques and strategies the desk may use to manage the risks of its activities and the personnel responsible for ensuring that the actions taken by the desk to mitigate risks; (iii) the actions the desk take to mitigate promptly the risks of its financial exposures consistent with the limits; the products, instruments and exposures the des may use for risk management purposes; (iv) the actions should not be intended to create a market exposure; (v) the limits applicable to the desk should be based and consistent with the nature and amount of the activity offered by the desk: – the amount, types and risks of its activities; – the amount, types and risks of the products, instruments, and exposures the desk may use for risk management purposes; – the level of exposures to relevant risk factors from its financial exposures.
Amendment 551 #
Proposal for a regulation
Article 1 – paragraph 1 – point 51 – point b
Article 1 – paragraph 1 – point 51 – point b
Regulation (EU) No 575/2013
Article 106 – paragraph 6 and 6 a (new)
Article 106 – paragraph 6 and 6 a (new)
6. The own funds requirements for market risks of allBy way of derogation of paragraph 5, when an institution hedges non-trading book interest rate risk exposure by entering into a intragroup transaction booked in the trading book of a standalone basis, theis positions assigned to or entered into by the trading desk referred to in shall be considered to be an internal hedge for the purpose of assessing the interest rate risks arising from non-trading positions where the following conditions are met: (a) the position has been attributed to a trading desk established in accordance with Article 104b; (b) the trading desk meets the conditions of point (a) ofb) paragraph 3 shall be calculated on a standalone basis as a separate portfolio and shall be additional to the own funds requirements for the other trading book posi5; (c) the institution has fully documented how the position mitigates the interest rate risks arising from non-trading book positions for the purposes of the requirements laid down in Article 84 and 98 of Directive 2013/36/EU; 6a. The requirements set out in paragraph 5 and paragraph 6 shall apply to transactions traded after the application date of this regulation, defined in paragraph 2 of article 3 of Title 2a of Part Ten of this regulations.
Amendment 553 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 113 – paragraph 6 – point d
Article 113 – paragraph 6 – point d
(52a) In paragraph 6 of Article 113, point (d) is replaced by the following: "(d) the counterparty is established in the same Member State as the institution;" or both are established in Member States that belong to the Banking Union;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:32013R0575&qid=1516908257263)
Amendment 562 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
(52a) In Article 125, paragraph 1 is replaced by the following: "1. Unless otherwise decided by the competent authorities in accordance with Article 124(2), exposures fully and completely secured by mortgages or equivalent guarantees on residential property shall be treated as follows:" "(a) exposures or any part of an exposure fully and completely secured by mortgages or eligible protection provided within the meaning of Article 201 on residential property which is or shall be occupied or let by the owner, or the beneficial owner in the case of personal investment companies, shall be assigned a risk weight of 35 %; (b) exposures to a tenant under a property leasing transaction concerning residential property under which the institution is the lessor and the tenant has an option to purchase, shall be assigned a risk weight of 35 % provided that the exposure of the institution is fully and completely secured by its ownership of the property. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:32013R0575&qid=1516908257263)
Amendment 585 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56 a (new)
Article 1 – paragraph 1 – point 56 a (new)
Regulation (EU) No 575/2013
Article 134 – paragraph 7 a (new)
Article 134 – paragraph 7 a (new)
(56a) In Article 134, the following new paragraph 7a is added: "7a. Where an institution is the lessee under an operating lease contract, the resulting right of use asset shall have an exposure value of 0."
Amendment 591 #
Proposal for a regulation
Article 1 – paragraph 1 – point 57 a (new)
Article 1 – paragraph 1 – point 57 a (new)
Regulation (EU) No 575/2013
Article 166 – paragraph 1 a (new)
Article 166 – paragraph 1 a (new)
(57a) In Article 166, the following paragraph 1 a is inserted: "1a. Where an institution is the lessee under an operating lease contract, an exposure value of 0 shall apply to the resulting right of use asset."
Amendment 638 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) 575/2013
Article 325 b a – paragraph 1 – point c
Article 325 b a – paragraph 1 – point c
Amendment 647 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f
Article 325 b f
Amendment 648 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 1
Article 325 b f – paragraph 1
Amendment 649 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 2
Article 325 b f – paragraph 2
Amendment 651 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 3
Article 325 b f – paragraph 3
Amendment 652 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) 575/2013
Article 325 b f – paragraph 4
Article 325 b f – paragraph 4
Amendment 655 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 5
Article 325 b f – paragraph 5
Amendment 656 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 6
Article 325 b f – paragraph 6
Amendment 657 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 7
Article 325 b f – paragraph 7
Amendment 658 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 8
Article 325 b f – paragraph 8
Amendment 659 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 9
Article 325 b f – paragraph 9
Amendment 661 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b f – paragraph 10
Article 325 b f – paragraph 10
Amendment 664 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b h
Article 325 b h
Amendment 665 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b h – paragraph 1
Article 325 b h – paragraph 1
Amendment 666 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b h – paragraph 2
Article 325 b h – paragraph 2
Amendment 667 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b h – paragraph 3
Article 325 b h – paragraph 3
Amendment 668 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b h – paragraph 4
Article 325 b h – paragraph 4
Amendment 670 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b i
Article 325 b i
Amendment 671 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Amendment 672 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b i – paragraph 2
Article 325 b i – paragraph 2
Amendment 674 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b j – paragraph 2 – subparagraph g
Article 325 b j – paragraph 2 – subparagraph g
Amendment 679 #
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 b n – paragraph 2
Article 325 b n – paragraph 2
2. EBA shall issue guidelines on the requirements of Articles 325bo, 325bp and 325bq by [two yearsix months after the entry into force of this Regulation].
Amendment 687 #
Proposal for a regulation
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Regulation (EU) No 575/2013
Article 390 – paragraph 4 – subparagraph 1
Article 390 – paragraph 4 – subparagraph 1
Institutions shall calculate exposures arising from contracts referred to in Annex II and credit derivatives directly entered into with a client in accordance with one of the methods set out in Part Three, Title II, Chapter 6, Section 3 to Section 56, as applicable. Institutions with a permission to use the Internal Model Method in accordance with Article 283 may use the Internal Model Method for calculating the exposure value for all transactions for which they have received permission under Article 283.
Amendment 696 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98 – point a
Article 1 – paragraph 1 – point 98 – point a
Regulation (EU) No 575/2013
Article 399 – paragraph 1 – subparagraph 1
Article 399 – paragraph 1 – subparagraph 1
An institution shallmay use a credit risk mitigation technique in the calculation of an exposure where it has used this technique to calculate capital requirements for credit risk in accordance with Part Three, Title II and provided it meets the conditions set out in this Article.
Amendment 699 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99 – point a – point ii a (new)
Article 1 – paragraph 1 – point 99 – point a – point ii a (new)
Regulation (EU) No 575/2013
Article 400 – paragraph 1 – point l a (new)
Article 400 – paragraph 1 – point l a (new)
(la) exposures, including participations or other kinds of holdings, incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation, Directive 2002/87/EC or with equivalent standards in force in a third country; exposures that do not meet these criteria, whether or not exempted from Article 395(1), shall be treated as exposures to a third party.
Amendment 700 #
Proposal for a regulation
Article 1 – paragraph 1 – point 100
Article 1 – paragraph 1 – point 100
Regulation (EU) No 575/2013
Article 401 – paragraph 2
Article 401 – paragraph 2
Amendment 707 #
Proposal for a regulation
Article 1 – paragraph 1 – point 101
Article 1 – paragraph 1 – point 101
Regulation (EU) No 575/2013
Article 403 – subparagraph 1
Article 403 – subparagraph 1
Where an exposure to a client is guaranteed by a third party or secured by collateral issued by a third party, an institution shall:.may:
Amendment 717 #
Proposal for a regulation
Article 1 – paragraph 1 – point 103
Article 1 – paragraph 1 – point 103
Regulation (EU) No 575/2013
Article 411 – point 15 a (new)
Article 411 – point 15 a (new)
(15a) In part VI of this regulation, factoring will be treated as trade finance. “Factoring” means an agreement between a business (Assignor) and a financial entity (Factor) in which the Assignor assigns/sells its Receivables to the Factor and the Factor provides the Assignor with a combination of one or more of the following services with regard to the Receivables assigned: Advance of a percentage of the amount of Receivables assigned, that is generally short term, uncommitted and without automatic roll- over, Receivables management, collection and Credit protection. Usually, the Factor administers the Assignor’s sales ledger and collects the Receivables in its own name. The Assignment can be disclosed to the Debtor.
Amendment 741 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 f – paragraph 2 – point c
Article 428 f – paragraph 2 – point c
(c) covered bonds as referred to in Article 52(4) of Directive 2009/65/EC; and covered bonds that meet the eligibility requirements for the treatment set out in Article 129(4) or (5), as appropriate, where the underlying loans are fully matched funded with the covered bonds issued or where there exists non- discretionary extendable maturity triggers on the covered bonds of one year or more until the term of the underlying loans in the event of refinancing failure at the maturity date of the covered bond, or where national legislation adequately limits refinancing risk for covered bond issuers including through limitations on maturity mismatch between assets and liabilities;
Amendment 748 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
1. By way of derogation from Article 428g and from Chapters 3 and 4 of this Title, competent authorities may on a case- by-case basisshall authorise institutions to apply a higher available stable funding factor or a lower required stable funding factor to assets, liabilities and committed credit or liquidity facilities where all of the following conditions are fulfilled:
Amendment 751 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point a – point v a (new)
Article 428 h – paragraph 1 – point a – point v a (new)
(va) the counterparty is located within the same Member State or in a different Member State;
Amendment 753 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point b
Article 428 h – paragraph 1 – point b
Amendment 758 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point d
Article 428 h – paragraph 1 – point d
Amendment 762 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 2
Article 428 h – paragraph 2
Amendment 777 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point a a (new)
Article 428 r – paragraph 1 – point a a (new)
(aa) assets that have a residual maturity of less than six months resulting from secured lending transactions and capital market-driven transactions as defined in Article 192(2) and (3), where those assets are collateralised by assets that qualify as Level 1 assets under Chapter 2 of Title II of Delegated Regulation (EU) 2015/61, excluding extremely high quality covered bonds referred to in point (f) of Article 10(1) of that Delegated Regulation , and where the institution would be legally entitled and operationally able to reuse those assets for the life of the transaction, regardless of whether the collateral has already been reused. Institutions shall take those assets into account on a net basis where Article 428e of this Regulation applies;
Amendment 782 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point a b (new)
Article 428 r – paragraph 1 – point a b (new)
(ab) assets that have a residual maturity of less than six months resulting from secured lending transactions and capital market-driven transactions as defined in Article 192(2) and (3) with regulated financial customers, where the institution would be legally entitled and operationally able to reuse those assets for the life of the transaction, regardless of whether the collateral has already been reused. Institutions shall take those assets into account on a net basis where Article 428e of this Regulation applies;
Amendment 802 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point d a (new)
Article 428 s – point d a (new)
(da) For all netting sets of derivative contracts subject to margin agreements under which institutions post variation margins to their counterparties, institutions shall apply a 5% required stable funding factor to the absolute market value of those netting sets of derivative contracts, gross of any collateral posted, where those netting sets have a negative market value.
Amendment 805 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
(db) For all netting sets of derivative contracts that are not subject to a regular margin agreements under which institutions post variation margins to their counterparties but which are subject to contractual clauses which could lead to collateral to post, dependent on specific trigger events such as a downgrade for example, institutions shall apply a 5% required stable funding factor to the absolute market value of those netting sets of derivative contracts, gross of any collateral posted, where those netting sets have a negative market value.
Amendment 829 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 2
Article 428 x – paragraph 2
Amendment 833 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 3
Article 428 x – paragraph 3
Amendment 882 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 1 – introductory part
Article 429 a – paragraph 1 – introductory part
1. By way of derogation from point (a) of Article 429(4), an institution may exclude any of the following exposures from its exposure measure :
Amendment 892 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 1 – point m a (new)
Article 429 a – paragraph 1 – point m a (new)
(ma) cash and central banks deposits
Amendment 893 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 1 – point m b (new)
Article 429 a – paragraph 1 – point m b (new)
(mb) the Initial Margin posted in segregated accounts
Amendment 894 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 1 – point m c (new)
Article 429 a – paragraph 1 – point m c (new)
(mc) Underlying assets of leasing contracts that are classified as an operating lease where the institution is the lessee
Amendment 895 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 2 – introductory part
Article 429 a – paragraph 2 – introductory part
2. For the purposes of point (d) of paragraph 1, public development credit institution means a credit institution that meets all of the following conditions or is qualified as a promotional or development bank by a European Commission decision:
Amendment 901 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 2 – point b
Article 429 a – paragraph 2 – point b
(b) its activity is limited to advancing specified objectives of financial, social or economic public policy in accordance with the laws and provisions governing that institution, on a non-competitive basis, or to address a market failure. For these purposes, public policy objectives may include the provision of financing for promotional or development purposes to specified economic sectors or geographical areas of the relevant Member State;
Amendment 908 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 2 – point e
Article 429 a – paragraph 2 – point e
(e) it is precluded from acceptingdoes not take covered deposits as defined in point (5) of Article 2(1) of Directive 2014/49/EU or in the national law of Member States implementing that Directive.
Amendment 929 #
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 4
Article 429 c – paragraph 4
4. For the purposes of paragraph 1 of this Article, institutions shall not include collateral received in the calculation of NICA as defined in point 12a of Article 272, except in the case of derivatives contracts with clients where those contracts are cleared by a QCCP.
Amendment 967 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 438 – point d
Article 438 – point d
(d) the total risk weighted exposure amount and the corresponding total own funds requirement determined in accordance with Article 92, to be broken down by the different risk categories set out in Part Three and, where applicable, an explanation of the effect on the calculation of own funds and risk weighted exposure amounts that results from applying capital floors and not deducting items from own funds.
Amendment 968 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 438 – point f
Article 438 – point f
Amendment 969 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 438 – point i
Article 438 – point i
Amendment 974 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 446 – title
Article 446 – title
Amendment 975 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 446 – paragraph 1 – subparagraph a, b, c
Article 446 – paragraph 1 – subparagraph a, b, c
Amendment 992 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 455 – paragraph 2
Article 455 – paragraph 2
2. Where applicable in accordance with Article 104b, institutions shall disclose individually for the main trading desks and on an aggregate basis foron the remainingperimeter of trading desks the following: (a) the hat have been granted internal model approval in accordance with Article 325ba Highest, lowest and mean value over the reporting period of the following items: (ia) unconstrained expected shortfall measure UESt as determined in Article 325bc ba(2)(a) ; (ii) market risks that would be calculated in accordance with Chapter 1a of this Title had the institutions not been granted the permission to use their internal models for the relevant trading desk as determined in Article 325 ba(2)(b). (b) for the expected shortfall models: (i) the number of back testing over shootings over the last 250 business days; (ii) breaches over the last 12 months;the own funds requirements for (b) unconstrained expected shortfall measure UESti for broad risk factor category i as determined in accordance with Article 325.bc the number of P&L attribution
Amendment 1005 #
Proposal for a regulation
Article 1 – paragraph 1 – point 121
Article 1 – paragraph 1 – point 121
Regulation (EU) No 575/2013
Article 494 – paragraph 2 a (new)
Article 494 – paragraph 2 a (new)
2a. For the purposes of paragraph 3 of Article 72b, until the resolution authority assesses for the first time the elements referred to in points (b) and (c) of Article 45b(3) of Directive 2014/59/EU [NWCO test] and confirms there is no material adverse impact on the resolvability of the institution, liabilities shall qualify as eligible liabilities instruments up to an aggregate amount that does not exceed, until 31 December 2021, 2.5% and, after that date, 3.5% of the total risk exposure amount calculated in accordance with paragraphs 3 and 4 of Article 92, provided that they meet the conditions laid down in points (a) and (b) of Article 72b(3).
Amendment 1007 #
Proposal for a regulation
Article 1 – paragraph 1 – point 122 a (new)
Article 1 – paragraph 1 – point 122 a (new)
Regulation (EU) No 575/2013
Article 494 b (new)
Article 494 b (new)
(122a) The following Article 494b is inserted after Article 494a: "Article 494b Grandfathering of own funds instruments and eligible liabilities instruments 1. By way of derogation from Articles 51 and 52 of this Regulation, instruments issued prior to [date of entry into force of CRR 2] may qualify as Additional Tier 1 instruments at the latest until [10 years after the date of entry into force of CRR 2], where they meet the conditions laid down in Articles 51 and 52, except for the conditions referred to in points (q) and (r) of Article 52. 2. By way of derogation from Articles 62 and 63, instruments issued prior to [date of entry into force of CRR 2] may qualify as Tier 2 instruments at the latest until [10 years after the date of entry into force of CRR 2] where they meet the conditions laid down in Articles 62 and 63, except for the conditions referred to in points (o) and (p) of Article 63. 3. By way of derogation from Article 72a(1)(a), liabilities issued before prior to [date of entry into force] are considered eligible liabilities provided they meet the criteria of may qualify as eligible liabilities items where they satisfy the conditions laid down in Article 72b, with the exception of the criteria of except for the conditions referred to in points (f) to (m) of Article 72b(2)."
Amendment 1024 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point b
Article 501 a – paragraph 1 – point b
(b) the exposure is to an entity which was created specifically to finance or operate (either directly or through affiliates) physical structures or facilities, systems and networks that provide or support essential public services; or to finance the rights to operate such assets or is an economically comparable exposure.
Amendment 1029 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point g – point i
Article 501 a – paragraph 1 – point g – point i
(i) where the revenues of the obligor are not funded directly or indirectly by payments from a large number of users, the contractual arrangements shall include provisions that effectively protect lenders against losses resulting from the termination of the project by the party which agrees to purchase the goods or services provided by the obligor; As long as the project meets conditions of 501a. paragraph 2.a.(iv) last indent, with an existing spot market or existing other possible offtakers, termination amount for the project is not requested;
Amendment 1034 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point j
Article 501 a – paragraph 1 – point j
(j) the obligor has adequate safeguards to ensure completion of the project according to the agreed specification, budget or completion date; including strong completion guarantees or experienced constructor providing adequate liquidated damages as confirmed by the technical advisor (to be provided by credit worthy counterparts or covered by acceptable LC)”;
Amendment 1040 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 2 – point a – point iv – indent 3 a (new)
Article 501 a – paragraph 2 – point a – point iv – indent 3 a (new)
– it is partly regulated or contractually fixed and in addition the project is resilient to downside sensitivities regarding price or volume risk, or a combination of both;
Amendment 1045 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – title
Article 501 b – title
Amendment 1046 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – paragraph 1
Article 501 b – paragraph 1
Amendment 1052 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – paragraph 2
Article 501 b – paragraph 2
Amendment 1097 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) The provisions for introducing the new requirements for own funds for market risk in points 47 to 51 and 83 to 88, excluding the requirements on the Profit & Loss attribution requirement and on the modellability of risk factors, as defined in articles 325ba(1)(b), 325bf, 325bh, 325bi(1)(a) and 325bj(2)(g) at the latest of the two dates : – 42 months after the publication of the final EBA technical standards and guidelines defined in Articles 325bg(9), 325bl(4) and 325bn(2) of this Regulation; – four years after entry into force of this Regulation.
Amendment 1098 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b b (new)
Article 3 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) The Commission shall submit to the European Parliament and to the Council a report by [two years after the entry into force]. The report shall cover the approaches set out in Chapters 1a, 1b, 2, 3 and 4 of Title IV, Part Three and in particular international regulatory developments as regards to the Profit & Loss attribution requirement and the modellability of risk factors. The report shall take into account the international regulatory developments and the specificities of financial and capital markets in the Union. The report shall be informed by a proper European impact study. The report shall cover the appropriateness of the calibration of the approaches set out in Title IV, Part Three to calculate the own funds requirements for market risks and evaluate if a refaction factor shall apply to capital requirements for market risk (MRC). Where appropriate, the report should suggest a sustainable framework for the adjustment of internal models by banks and for competent authorities to review them as regards to a hypothetical legislative proposal. Where appropriate, the report shall be accompanied by a legislative proposal amending the calibration of capital requirements for market risk as defined in Title IV, Part Three.
Amendment 1099 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b c (new)
Article 3 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) The application of the provisions in point (ba) shall not result in own funds requirements for market risks calculated according to the approaches set out in Chapters 1a and 1b that are lower than the own funds requirements for market risks calculated according to the approaches set out in Chapters 2, 3, 4 and 5 Title IV, Part Three. Until a date that would be defined in the report that the Commission shall submit to the European Parliament and to the Council by [two years after the entry into force], institutions that use the approaches set out in Chapters 1a and 1b, Title IV, Part Three to calculate the own funds requirement for market risks shall multiply their own funds requirements for market risks calculated under these approaches by the ratio, floored by one, of: (a) The average own fund requirements calculated on a quarterly basis, during the 12 months preceding the application date defined in point (ba), according to the approaches set out in Chapters 2, 3, 4 and 5 Title IV, Part Three (CRR); (b) The own funds requirements calculated on the application date defined in point (ba) according the approaches set out in Chapters 1a and 1b, Title IV, Part Three (CRR2).