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6 Amendments of Dariusz ROSATI related to 2014/0020(COD)

Amendment 283 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 5 – paragraph 1 – point 12
12. ‘market making’ means a financial institution's commitment to provide market liquiddeal as principal in a financial instrument, whether listed or not listed on a regulated market, a multilateral trading facility onr a regular and on-going basis,n organized trading facility within the meaning of respectively points (21), (22) and (23) of Article 4(1) of Directive 2014/65/EU, whether traded on or outside a trading venue, (i) either by posting firm, simultaneous two-ways quotes of comparable size at comparable prices or by posting twoone-way quotes with regard to a certain financial instrument,the result of providing liquidity on a regular and ongoing basis to the market, (ii) or as part of its usual business, by fulfilling orders initiated by clients or in response to clients’' requests to trade, but in both cases without be(iii) or by hedging exposed to material market riskitions arising from the fulfilment of tasks under points (i), (ii);
2015/02/04
Committee: ECON
Amendment 774 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 1
For the purposes of this Regulation, tThe consolidating supervisor shall be deemed to beand the competent authority with regard to all group entities that belong to the same group as the EU parent and that are subject to this Regulationies responsible for the supervision of subsidiaries of an EU parent institution or an EU parent financial holding company or EU parent mixed financial holding company in a Member State shall do everything within their power to reach a joint decision on the application of Article 10 to require that a core credit institution does not carry out certain trading activities.
2015/02/03
Committee: ECON
Amendment 777 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 2
When the subsidiary of an EU parent is established in another Member State and supervised by a different supervisor than the EU parent and when the subsidiary is significant in accordance with Article 6(4) of Regulation (EU) No 1024/2013, the consolidating supervisor shall consult with the competent authority of the home Member State of the significant subsidiary with regard to any decision to be made by the consolidating supervisor pursuant to this Regulation.deleted
2015/02/03
Committee: ECON
Amendment 780 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 26 – paragraph 4 a (new)
4a. The joint decision referred to in paragraph 4 subparagraph 1 shall be reached within four months after submission by the consolidating supervisor of a report containing the assessment of the group of institutions in accordance with Article 9 to the other relevant competent authorities. The joint decision shall be set out in documents containing full reasons, which shall be provided to the EU parent institution by the consolidating supervisor. The joint decision shall also duly consider the assessment of subsidiaries performed by relevant competent authorities in accordance with Articles 9 and 10. The joint decision shall be set out in documents containing full reasons which shall be provided to the EU parent institution by the consolidating supervisor.
2015/02/03
Committee: ECON
Amendment 781 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 26 – paragraph 4 b (new)
4b. In the absence of such a joint decision between the competent authorities within the time period referred to in paragraph 4a, a decision on the application of Article 10 shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment of subsidiaries performed by relevant competent authorities. If, at the end of the time period referred to in paragraph 4a, any of the competent authorities concerned has referred the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010, the consolidating supervisor shall defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation, and shall take its decision in conformity with the decision of EBA. The time period referred to in paragraph 4a, shall be deemed the conciliation periods within the meaning of Regulation (EU) No 1093/2010. EBA shall take its decision within 1 month. The matter shall not be referred to EBA after the end of the four months period or after a joint decision has been reached. In the absence of an EBA decision within one month, the consolidating supervisor and the competent authority of the home member state of the subsidiary shall reach their decisions independently. The decision on the application of Article 10 shall be taken by the respective competent authorities responsible for supervision of subsidiaries of an EU parent credit institution or a EU parent financial holding company or EU parent mixed financial holding company on an individual or sub-consolidated basis after duly considering the views and reservations expressed by the consolidating supervisor. If, at the end of the time period referred to in paragraph 4a, any of the competent authorities concerned has referred the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010, the competent authorities shall defer their decision and await any decision that EBA shall take in accordance with Article 19(3) of that Regulation, and shall take their decision in conformity with the decision of EBA. The time period referred to in paragraph 4a shall be deemed the conciliation period within the meaning of that Regulation. EBA shall take its decision within 1 month. The matter shall not be referred to EBA after the end of the four-month or one-month period, as applicable, or after a joint decision has been reached. In the absence of an EBA decision within one month, the consolidating supervisor and the competent authority of the home member state of the subsidiary shall reach their decisions independently. The decision shall be set out in a document containing full reasons and shall take into account the assessment, views and reservations of the other competent authorities expressed during the time period referred to in paragraph 4a. The document shall be provided by the consolidating supervisor to all competent authorities concerned and to the EU parent institution.
2015/02/03
Committee: ECON
Amendment 782 #
Danuta Maria HÜBNER, Dariusz ROSATI
Proposal for a regulation
Article 26 – paragraph 4 c (new)
4c. The joint decision referred to in paragraph 4, subparagraph 1 and the decisions taken by the competent authorities in the absence of a joint decision referred to in paragraph 4b shall be recognised as determinative and applied by the competent authorities in the Member States concerned. The joint decision referred to in the paragraph 4, subparagraph 1 and any decision taken in the absence of a joint decision in accordance with paragraph 4b, shall be updated on an annual basis or, in exceptional circumstances, where a competent authority responsible for the supervision of subsidiaries of an EU parent institution or, an EU parent financial holding company or EU parent mixed financial holding company makes a written and fully reasoned request to the consolidating supervisor to update the decision on the application of Article 10. In the latter case, the update may be addressed on a bilateral basis between the consolidating supervisor and the competent authority making the request.
2015/02/03
Committee: ECON
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