BETA

34 Amendments of Eoin RYAN

Amendment 12 #

2008/2122(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas there is a need to recognise the unique structure of financial services providers existing across the EU such as credit unions which are non-bank financial institutions mobilising members' deposits for micro-lending and these unique structures should not a priori exclude them from relevant micro-credit funding programmes.
2008/11/18
Committee: ECON
Amendment 52 #

2008/0191(COD)

Proposal for a directive – amending act
Recital 15 a (new)
(15a) It is important to distinguish between those securitisations where the interests of the originator or sponsor and the interests of investors are aligned and those where they are not aligned. Relevant regulation, including that relating to penalties for non-compliance, should differentiate between these two types of securitisation.
2009/01/19
Committee: ECON
Amendment 107 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 19 – point a
Directive 2006/48/EC
Article 111 – paragraph 1 – subparagraph 3
Member States may set a lower limit than EUR 150 million and shall inform the CommissionWhere an exposure to an institution has a maturity of six months or less, the value of that exposure shall not exceed 40 % of the credit institution’s own funds or EUR 150 000 000, whichever the higher.
2009/01/19
Committee: ECON
Amendment 148 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 a (new)
1a. For this purpose, retention of net economic interest shall mean either: (a) retention of not less than 10% of the nominal value of each of the tranches sold or transferred to the investors; or (b) retention, including by way of originators interest of not less than 10% of the nominal value of the securitised exposures (c) retention of exposures, equivalent to not less than 10% of the nominal amount of the securitised exposures, where these might otherwise have been securitised in the securitisation; or (d) retention of the first loss tranche, and if necessary, other tranches having the same or more severe risk profile and not maturing any earlier than those transferred or sold to investors, so that the retention equals in total not less than 5% of the risk weighted exposure value of the securitised exposures.
2009/01/19
Committee: ECON
Amendment 203 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point g
(g) all the structural features of the securitisation that can materially impact the performance of the credit institution's securitisation position. To this end, cs. Credit institutions shall prior to investing and regularly thereafter perform and record appropriate stress tests, such stress tests to be conducted independentlregularly perform stress tests appropriate to their securitisation positions. Credit institutions may rely on stress tests performed or models developed by of the ECAI or ECAIs who have rated the securitisation and to be based on all relevant information provided by the originator for this purposer providers provided that they can demonstrate, when requested, that they understand the methodology, assumptions and results.
2009/01/19
Committee: ECON
Amendment 210 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 5 – save for last sentence
5. Credit institutions shall establish formal procedure, other than originators, or sponsors or original lenders, shall establish formal procedures appropriate to their trading book and non-trading book and commensurate with the risk profile of their investment in securitised positions to monitor on an ongoing basis and in timely manner performance information on the exposures underlying their securitisation positions. Where relevantappropriate, this shall include, at a minimum: the exposure type, the length of time the exposures have been held by the originator including the percentage held by the originator for less than 2 years, the percentage of loans more than 30, 60 and 90 days past due, default rates, prepayment rates, loans in foreclosure, collateral type and occupancy, frequency distribution of credit scores or other measures of credit worthiness across underlying exposures, industry and geographical diversification, frequency distribution of loan to value ratios with band widths that facilitate adequate sensitivity analysis. Where the underlying exposures are themselves securitisation positions, the requirements to monitor and be able to access information shall apply appropriate policies shall be in place to monitor the exposures underlying these securitisation positions.
2009/01/19
Committee: ECON
Amendment 211 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 5 – last sentence
Where the requirements in paragraph 4 and in this paragraph are not met, credit institutions shall apply a risk weight of 1250% to these securitisation positions under Annex IX, part 4 in any material respect, by reason of negligence or omission by the credit institution, competent authorities shall impose a proportionate penalty upon the credit institution, which in the case of a penalty by way of capital charge shall not exceed 150% of the risk weight (capped at 1250%) which would, but for this paragraph apply to the relevant securitisation positions under Annex IX, part 4. The competent authority allow a credit institution a period to rectify a breach before imposition of a penalty.
2009/01/19
Committee: ECON
Amendment 236 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 10 – second sentence
TIn the light of international market and policy developments the Commission shall, no later than 31 December 201409, report to the European Parliament and the Council on the application and effectiveness of this Article in the light of market developments."ropriateness and impact of this Article.
2009/01/19
Committee: ECON
Amendment 239 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 1 a (new)
If the Commission’s report referred to above concludes that Article 122a is no longer appropriate, it shall present, to the European Parliament and the Council, a proposal to amend it.
2009/01/19
Committee: ECON
Amendment 6 #

2008/0026(COD)

Proposal for a regulation – amending act
Recital 3 a (new)
(3a) The future introduction of a single flow system could be another step forward. To this end, the value and viability of the introduction of single flow reporting should be investigated by the Commission, if appropriate, inter alia, by launching a pilot project.
2008/07/09
Committee: ECON
Amendment 7 #

2008/0026(COD)

Proposal for a regulation – amending act
Recital 10
(10) As regards Regulation (EC) No 638/2004, power should be conferred on the Commission in particular to define the conditions under which the Commission may adopt different or specific rules applying to specific goods or movements, adapt the reference period to take into account the linkage with value added tax and customs obligations, determine the arrangements for the collection of this information, particularly the codes to be employed, define the minimum Intrastat coverageadapt the thresholds for Intrastat coverage to technical and economic developments, define the conditions and quality requirements under which Member States may simplify the information to be provided for small individual transactions, define the aggregated data to be transmitted and the criteria the estimates are to comply with, adopt implementing provisions for compiling the statistics by linking data on business characteristics recorded under Regulation (EEC) No 2186/93 with the statistics on dispatches and arrivals of goods, determine the indicators and standards enabling the quality of the data to be assessed, determine the structure of the quality reports to be presented by the Member States, and take any other steps necessary for assessing or improving the quality of the data. Since these measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 638/2004 or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
2008/07/09
Committee: ECON
Amendment 9 #

2008/0026(COD)

Proposal for a regulation – amending act
Article 1 – point 4 a (new)
Regulation (EC) No 638/2004
Article 11
(4a) Article 11 shall be replaced by the following: "Article 11 Statistical confidentiality Only where the parties who have provided information so request, the national authorities shall decide whether statistical results which make it possible indirectly to identify the said provider(s) are to be disseminated or are to be amended in such as way that their dissemination does not prejudice statistical confidentiality.";
2008/07/09
Committee: ECON
Amendment 10 #

2007/2261(INI)

Draft opinion
Paragraph 3 c (new)
3c. Believes that sport cannot be categorised as an normal economic activity because of its specific, unique and inherent aspects and thus calls on the Commission to recognise that EC competition law is relevant only to the economic activities of sporting organisations;
2008/03/07
Committee: ECON
Amendment 13 #

2007/2261(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for a percentage of the revenue generated by the sale of media rights and market ventures relating to a particular sport to be allocated directly to funding and aiding the volunteer and non-profit sectors of that sport;
2008/03/07
Committee: ECON
Amendment 14 #

2007/2261(INI)

Draft opinion
Paragraph 3 b (new)
3b. Welcomes the Commission’s acknowledgement of the particular challenges faced by amateur and non- profit sport and by sport dependent on volunteering and calls for this to be reflected in all economic aspects of future sports policy;
2008/03/07
Committee: ECON
Amendment 31 #

2007/2261(INI)

Draft opinion
Paragraph 6 a (new)
6a. Expresses its support for the club licensing systems introduced to football in 2004, which promote competitive balance and deliver financial stability for clubs; calls for the further development and implementation of such systems in other sports in order to promote best practices and good governance in sport in conformity with EU law;
2008/03/07
Committee: ECON
Amendment 35 #

2007/2261(INI)

Draft opinion
Paragraph 7 a (new)
7a. Expresses concern at the growth of advertising linking sports and alcohol that is directed at young people and recommends that while sporting organisations are free to use advertisers and sponsors from all sections of the industry, special consideration should be given to sporting advertising aimed at young people;
2008/03/07
Committee: ECON
Amendment 8 #

2007/2238(INI)

Motion for a resolution
Recital A
A. whereas there is at present insufficientnational and EU regulation of hedge funds and private equity,
2008/05/19
Committee: ECON
Amendment 18 #

2007/2238(INI)

Motion for a resolution
Recital E
E. whereas several global, EU and national institutions have, long before the current financial crisis, voiced their concerns in relation to hedge funds and private equity about financial stability, inadequate risk management, excessive debt (leverage) and the valuation of illiquid and complex financial instruments,deleted
2008/05/19
Committee: ECON
Amendment 47 #

2007/2238(INI)

Motion for a resolution
Recital K
K. whereas enhanced appropriate levels of transparency towards the public, investors and supervisory authorities, including, in future, any new EU supervisory body, are crucial to ensure such well-functioning and stable financial markets as well as for promoting competition between market actors and products,
2008/05/19
Committee: ECON
Amendment 51 #

2007/2238(INI)

Motion for a resolution
Recital L
L. whereas excessive debt required by much of the activities of hedge funds and private equity threatens financial stability, prejudices the realisation of the long-term investment, growth and jobs agenda and is, moreover, unfairly favoured in national tax regimes,deleted
2008/05/19
Committee: ECON
Amendment 78 #

2007/2238(INI)

Motion for a resolution
Recital P
P. whereas whilst there is no evidence that those vehicles caused the current financial crisis, they have been involved in the business of non-regulated and highly complex structured products; whereas not being adequately capitalised and thus volatile to turbulences, those vehicles enhanced the crisis,
2008/05/19
Committee: ECON
Amendment 103 #

2007/2238(INI)

Motion for a resolution
Paragraph 1
1. Requests the Commission to submit to Parliament by 30 November 2008, on the basis of Article 44, Article 47(2), or Article 95 of the EC Treaty, a legislative proposal or proposals on hedge funds, private equity and other relevant actors, following the detailed recommendations below;deleted
2008/05/19
Committee: ECON
Amendment 124 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1 – point a
(a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, the Commission should ensure thatThe Commission could examine the need for an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registration.
2008/05/19
Committee: ECON
Amendment 132 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1 – point c
(c) Liquidity The Commission should introduce risk-weighted capital adequacy requirements in respect of liquidity risk in its revision of the Directive 2006/48/EC.deleted
2008/05/19
Committee: ECON
Amendment 143 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1 – point e
(e) Prime brokers The capital requirement of any institution providing prime brokerage services should be increased in line with the complexity and opacity of the structure or nature of the exposures, to which their dealings with hedge funds and private equity expose them. In particular, the provisions of Directives 2006/48/EC and 2006/49/EC should be amended to achieve that result.deleted
2008/05/19
Committee: ECON
Amendment 149 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1 – point g
(g) EU supervisory authority The Commission should establish a European supervisor covering all financial services sectors: capital markets, securities, insurance and banking sectors. It should further be established whether there should be two such European supervisors: one for prudential regulation and another for conduct of business regulation.deleted
2008/05/19
Committee: ECON
Amendment 158 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 2 – point a
(a) Registration and authorisation of management companies and funds' managers The Commission should establish an EU framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms), which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure that management firms disclose the following: - the name and domicile of funds they control, - the identity of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment responsibilities, and - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below).deleted
2008/05/19
Committee: ECON
Amendment 162 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 2 – point b
(b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of the EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds and private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees), - source and amount of funds raised, - past performance, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff. That information should be set out in a uniform format (also to facilitate the database proposal below).deleted
2008/05/19
Committee: ECON
Amendment 195 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 3 – point c
(c) Limits on leverage for hedge funds The Commission should devise the upper limit in the debt of hedge funds in relation to preserving the stability of the EU financial system.deleted
2008/05/19
Committee: ECON
Amendment 205 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 4 – point a
(a) Investment banks (prime brokers) - hedge funds and private equity The Commission should assess whether the strengthening of capital requirements for prime brokers (Recommendation 1) deals appropriately with the inherent conflicts of interest concerns between: - the prime brokers and hedge funds, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via trading services), and - investment banks and private equity, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via deal related services)and - investment banks and private equity.
2008/05/19
Committee: ECON
Amendment 54 #

2007/2201(INI)

Motion for a resolution
Paragraph 10
10. Calls onWelcomes the Commission to intensify its work on credit intermediaries in order to ensure consumer protection and avoid mis-selling practices which are particularly damaging to more vulnerable popula's commitment to publish a study analysing the EU credit intermediation market, reviewing its regulatory framework and examining possible consumer detriments; calls on the Commission, after completion of the study, to examine whether a new European legal framework is appropriate in order to ensure consumer protections;
2008/03/26
Committee: ECON
Amendment 58 #

2007/2201(INI)

Motion for a resolution
Paragraph 11
11. Requests the Commission to clarify and harmonise the rights and liabilities of intermediaries, since problems often arise in the sale, administration and enforcement of financial services agreements; requests the Commission to distinguish clearly between information which has to be clear, concise, readable and cost-free and the provision of advisory services;deleted
2008/03/26
Committee: ECON
Amendment 121 #

2007/0143(COD)

Proposal for a directive
Recital 93 a (new)
(93a) The review of Directive 2003/41/EC with regard to solvency should take account of the effect on pension funds falling under Article 17 of that Directive only.
2008/06/30
Committee: ECON