15 Amendments of Gunnar HÖKMARK related to 2011/0203(COD)
Amendment 273 #
Proposal for a directive
Article 87 – paragraph 1 – introductory part
Article 87 – paragraph 1 – introductory part
1. Competent authorities shall require that all members of the management body of any institutionIt is the fundamental responsibility of shareholders to ensure that members of the management body and the board have the knowledge, qualifications and skills necessary to safeguard proper and prudent management of the institution at hand. This unalienable responsibility shall be exercised and manifested through transparent and open appointment procedures, especially in regard to members of the management body and of the board. All members of the management body of any institution, in its managerial as well as supervisory function, shall at all times be of sufficiently good repute, possess sufficient knowledge, skills and experience and commit sufficient time to perform their duties. Members of the management body shall, in particular, fulfil the following requirements:
Amendment 277 #
Proposal for a directive
Article 87 – paragraph 1 – point a – introductory part
Article 87 – paragraph 1 – point a – introductory part
(a) MAll members of the management body shall commit sufficient time to perform their functions in the institution. They shall not combine at the same time more than one of the following combinations:
Amendment 279 #
Proposal for a directive
Article 87 – paragraph 1 – point a – point i
Article 87 – paragraph 1 – point a – point i
Amendment 282 #
Proposal for a directive
Article 87 – paragraph 1 – point a – point ii
Article 87 – paragraph 1 – point a – point ii
Amendment 288 #
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 2
Article 87 – paragraph 1 – point a – subparagraph 2
Amendment 297 #
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 3
Article 87 – paragraph 1 – point a – subparagraph 3
Amendment 310 #
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. Competent authorities shall require institutions to take into account diversity as one of the criteria for selection ofInstitutions are encouraged to engage a broad set of qualities and competences when recruiting members of theto its management bodyies. In particular, institutions shall put in place a policy promoting gender, age, geographical, educational and professional diversityexcellence, responsibility and commitment as the guiding criteria for senior recruitment, safeguarding that those appointed are unquestionably loyal to the interests onf the management bodyinstitution.
Amendment 316 #
Proposal for a directive
Article 87 – paragraph 4
Article 87 – paragraph 4
Amendment 319 #
Proposal for a directive
Article 87 – paragraph 5
Article 87 – paragraph 5
Amendment 523 #
Proposal for a directive
Section III a (new)
Section III a (new)
Section IIIa Principles of macro-prudential power Article 132a Definitions The concept of "Systemic risk" shall for the purposes of this Chapter be seen as the risk of the financial system being adversely destabilised with the potentiality of inflicting detrimental consequences for the financial system and/or the real economy.
Amendment 524 #
Proposal for a directive
Article 132 b (new) (under Section IIIa)
Article 132 b (new) (under Section IIIa)
Amendment 525 #
Proposal for a directive
Article 132 c (new) (under Section IIIa)
Article 132 c (new) (under Section IIIa)
Article 132c Mandate of the assigned authority 1. While fully respecting the provisions of Article 5 of this Directive, the assigned authority is empowered to undertake any measure under national law which it deems necessary for the prevention and mitigation of systemic risk, or require the competent authority to assist in such endeavours. 2. Measures undertaken may include the adoption of requirements regarding in particular:- liquidity - risk weights - prudential consolidation - capital buffers - prudential filters - own funds requirements - large exposures Usage of any such provision shall not imply a less strict application of the requirements set out in the Regulation (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms] in relation to the matters within scope of that Regulation. 3. The provisions may apply to all institutions authorised by the assigned authority under this Directive which operate in the territory of the Member State or a class of such institutions. 4. Where the assigned authority requires institutions, whether by its own request or through a competent authority, to apply the provisions of this article, it shall duly notify the members of the college in advance of such provisions becoming effective, unless this would imperil the stability of financial markets or be detrimental to the interests of the parties involved. Where the latter is the case, notification shall take place as soon as possible.
Amendment 526 #
Proposal for a directive
Article 132 d (new) (under Section IIIa)
Article 132 d (new) (under Section IIIa)
Article 132d Review of measures The assigned authority shall review the measures applied at regular intervals and amend as warranted. When a measure is no longer considered appropriate or necessary, it shall ensure its discontinuation. r. en
Amendment 527 #
Proposal for a directive
Article 132 e (new) (under Section IIIa)
Article 132 e (new) (under Section IIIa)
Article 132 e Notification of measures 1. The assigned authority shall notify the ESRB in advance of any measures of signification which it proposes to apply. 2. The assigned authority shall notify EBA and the Commission of any measures it applies with a maximum delay of two working days.
Amendment 528 #
Proposal for a directive
Article 132 f (new) (under Section IIIa)
Article 132 f (new) (under Section IIIa)
Article 132f Assessments, warnings and recommendations of the ESRB 1. The ESRB shall be mandated to assess whether the existence of the systemic risk targeted by the assigned authority and whether other Member States or the Union as a whole could be considered to be exposed to the same risk. A study shall be executed by the ESRB when so requested either by the Commission or at least three Member States. 2. The ESRB may issue a warning in accordance to article 16 of Regulation (EU) No 1092/2010 if it identifies significant systemic risks to the financial stability of the Union that arise from developments within the financial sector. 3. Where such systemic risks are identified, the ESRB may also issue a recommendation in accordance with article 16 of Regulation (EU) No 1092/2010 for remedial action which it considers an assigned authority should take under Article 3 in response to the risks identified.