8 Amendments of Donata GOTTARDI related to 2008/0191(COD)
Amendment 31 #
Proposal for a directive – amending act
Recital 3
Recital 3
(3) Therefore, it is important to lay down criteria for those capital instruments to be eligible for original own funds of credit institutions and to align the provisions in Directive 2006/48/EC to that agreement. The amendments to Annex XII to Directive 2006/48/EC result directly from the establishment of those criteria. The eligibility criteria shouldOriginal own funds referred to in Article 57(a) of Directive 2006/48/EC include all instruments that are regarded under national law as equity capital, and rank after all other claims during liquidation. Original own funds referred to the most subordinatedin Article 57(a) of Directive 2006/48/EC also include any other instruments of a under credit institution that does not have proprietors or shareholders' statutory terms taking into account the specific constitution of mutuals, cooperative societies uander national law, such as certain members' certificates of cooperative banks, insofar as the respective capital has been paid up and similar institutions and which are deemed broadly equivalent to ordinary shares in terms of their capital qualities. Instruments that do not ranks after all other claims during liquidation are included in the category of hybrids referred to in Article 57(ca) of Directive 2006/48/EC.
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2006/48/EC
Article 61 – paragraph 1
Article 61 – paragraph 1
The concept of own funds as defined in points (a) to (h) of Article 57 embodies a maximum number of items and amounts. Member States may decide on the use of those items and on the deduction of items other than those listed in points (i) to (r) of Article 57.
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 11
Article 1 – point 11
Directive 2006/48/EC
Article 63a – paragraph 3
Article 63a – paragraph 3
3. The statutory or contractual provisions governing the instrument shall allow the credit institution to cancelwaive, when necessary, the payment of interest or dividends for an unlimited period of time, on a non- cumulative basis. However, the credit institution shall cancelwaive such payments if it does not comply with the capital requirements set out in Article 75. The competent authorities may require the cancellation of such payments based on the specific financial and solvency situation of the credit institution. Such cancellationwaiver shall not prejudice the right of the credit institution to substitute the payment in cash of interest or dividend by a payment in the form of an instrument referred to in point (a) of Article 57, provided that any such mechanism allows the credit institution to preserve financial resources. Such substitution may be subject to specific conditions established by the competent authorities.
Amendment 81 #
Proposal for a directive – amending act
Article 1 – point 11
Article 1 – point 11
Directive 2006/48/EC
Article 63a – paragraph 4
Article 63a – paragraph 4
4. The statutory or contractual provisions governing the instrument shall provide for principal, unpaid interest or dividend to be such as to absorb losses and to not hinder the recapitalisation of the credit institution through appropriate mechanisms, as elaborated by the Committee of European Banking Supervisors under paragraph 6.
Amendment 127 #
Proposal for a directive – amending act
Article 1 – point 21 – point d
Article 1 – point 21 – point d
Directive 2006/48/EC
Article 113 – paragraph 4 – introductory part
Article 113 – paragraph 4 – introductory part
"4. Member States may fully or partiallyshall exempt the following exposures from the application of Article 111(1):
Amendment 131 #
Proposal for a directive – amending act
Article 1 – point 21 – point d
Article 1 – point 21 – point d
Directive 2006/48/EC
Article 113 – paragraph 4 – point f
Article 113 – paragraph 4 – point f
(f) asset items constituting claims on and other exposures to institutions, provided that these exposures do not constitute such institutions' own funds, and do not last longer than the following business day and are denominated in a currency of the Member State exercising this option, provided that such currency is not the euro.
Amendment 262 #
Proposal for a directive – amending act
Article 1 – point 28 – point b
Article 1 – point 28 – point b
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 7
Article 129 – paragraph 3 – subparagraph 7
The joint decision referred to in the first subparagraph and the decision referred to in the sixth subparagraph shall be recognised as determinative and applied by the competent authorities in the Member State concerned. The Committee of European Banking Supervisors shall elaborate guidelines for the convergence of supervisory practices with regard to the joint decision process referred to in this paragraph and with regard to application of Articles 123, 124 and 136(2) with a view to facilitating the joint decision referred to in the first subparagraph.
Amendment 266 #
Proposal for a directive – amending act
Article 1 – point 30
Article 1 – point 30
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2
Article 131a – paragraph 2 – subparagraph 2
The Committee of European Banking Supervisors shall elaborate guidelines for the operational functioning of colleges. The consolidating supervisor shall consider such guidelines, and explain any significant deviation therefrom.