8 Amendments of Anne SANDER related to 2018/0060(COD)
Amendment 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) The prudential backstop should not prevent competent authorities from exercising their supervisory powers in accordance with Directive 2013/36/EUprevail over the ECB addendum on the same matter. Where competent authorities ascertain on a case-by-case basis that, despite the application of the prudential backstop for NPEs established in this Regulation, the NPEs of a specific institution are not sufficiently covered, they may make use of the supervisory powers envisaged in Directive 2013/36/EU, including the power referred to in Article 104(1)(d) of that Directive.
Amendment 76 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) For the calculation of the amount of insufficient coverage, to be deducted from their Common Equity Tier 1, institutions should carry out an exposure- by-exposure calculation on each NPE and then sum up over all its non-performing exposures, thereby recognising compensation between NPEs that have excess coverage and NPEs with insufficient coverage.
Amendment 83 #
Proposal for a regulation
Recital 7
Recital 7
(7) The longer an exposure has been non-performing, the lower the probability for the recovery of its value. Therefore, the portion of the exposure that should be covered by provisions, other adjustments or deductions should increase with time, following a pre-defined calendar. For NPEs purchased by an institution, given that the transaction is executed on the basis of a price taking into account the likelihood and magnitude of loss, the calculation of the vintage should be reset to zero on the date of purchase, instead of continuing the calendar from the date the exposures were originally classified as a NPEs on the balance sheet of the seller.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 2 – subparagraph 3 a (new)
Article 47a – paragraph 2 – subparagraph 3 a (new)
By way of derogation from the first subparagraph the exposure value of a non-performing exposure purchased by an institution may be its nominal value without taking into account any specific credit risk adjustments, additional value adjustments in accordance with Articles 34 and 105, amounts deducted in accordance with Article 36(1)(m),or other own funds reductions related to the exposure or partial write-offs made by the credit institution since the last time the exposure was classified as non- performing. Where required to ensure appropriate coverage of risks, competent authorities may force institutions to use instead the accounting value pursuant to the first subparagraph.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 3 – subparagraph 2 a (new)
Article 47a – paragraph 3 – subparagraph 2 a (new)
By way of derogation from the first subparagraph of this Article, exposure that would be classified as non- performing solely through contagion shall not be subject to the prudential backstop.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 1 – introductory part
Article 47c – paragraph 1 – subparagraph 1 – introductory part
For the purposes of Article 36(1)(m), institutions shall determine the applicable amount of insufficient coverage foas a whole for all their non- performing exposures to be deducted from Common Equity Tier 1 items by subtracting the amount determined in point (b) from the amount determined in point (a):
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1a (new)
Article 47c – paragraph 1a (new)
1 a. Notwithstanding the provisions of Article 47c(1), the applicable amount of insufficient coverage for non-performing exposures to be deducted from Common Equity Tier 1 shall be zero for these credit institutions with a net NPL consolidated ratio below 5%.
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 2 – point c
Article 47c – paragraph 2 – point c
(c) 1 for the unsecured part of a non- performing exposure to be applied as of the first day of the second year following its classification as non-performing, where the obligor is past due more than 90 daysexcept for retail consumer credits for which the factor 1 will be applied as of the first day of the six year following its classification as non-performing;