6 Amendments of Udo BULLMANN related to 2008/0191(COD)
Amendment 35 #
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Competent authorities should be able to participate in colleges established for the supervision of credit institutions the parent institution of which is situated in a third country. The Committee of European Banking Supervisors should provide, where necessary, for non-binding guidelines and recommendations in order to enhance the convergence of supervisory practices pursuant to Directive 2006/48/EC. In order to avoid inconsistencies and regulatory arbitrage, which could result from differences in the approaches and rules applied by the various colleges and application of discretion by Member States, guidelines on the proceedings of rules governing colleges should be developed by the Committee of European Banking Supervisors.
Amendment 41 #
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Cooperation between supervisory authorities, dealing with groups and holdings and their subsidiaries and branches, in colleges is a phase in a development towards further regulatory convergence and supervisory integration. Trust between supervisors and respect for their respective responsibilities is essential. In the event of a conflict between members of a college linked to those different responsibilities, neutral and independent advice, mediation and conflict resolving mechanisms at Community level are essential. If voluntary and non-binding mediation mechanisms are complemented or replaced by binding mechanisms in the future, these should be applicable to the procedures in this Directive.
Amendment 55 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) The crisis has underlined a need to examine how regulation and supervision of financial services should take into account the business cycle. In particular, the benefits associated with building up capital and provisioning anti-cyclically have become clear. The national supervisory authorities should take this into account; in addition, the Commission should consider whether banks need to build strong capital buffers and provisions through-the-cycle that can be used during a downturn. The crisis has also called into question the assumptions concerning correlations that underlie the methodology for calculating regulatory capital. A related concern is whether geographic, sector and similar concentration risks are adequately dealt with. Therefore, by 31 January 2010, the Commission should review this Directive as whole to address these issues (and, especially, the effects on the economic cycle, taking into account how valuation, leverage, bank capital and provisioning may exacerbate cyclical trends, and to promote through-the-cycle provisioning). By 31 January 2010, the Commission should present a report to the European Parliament and the Council and any appropriate proposals.
Amendment 145 #
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 – after point b
Article 122a – paragraph 1 – after point b
have issued an explicit commitment to the credit institution to maintain, on an ongoing basis, a material net economic interest and in any event not less than 520 per cent in positions having the same risk profile as the one that the credit institution is exposed to.
Amendment 269 #
Proposal for a directive – amending act
Article 1 – point 33
Article 1 – point 33
Directive 2006/48/EC
Article 154 – paragraph 9 a (new)
Article 154 – paragraph 9 a (new)
Amendment 274 #
Proposal for a directive – amending act
Article 1 – point 33 a (new)
Article 1 – point 33 a (new)
Directive 2006/48/EC
Article 156 – paragraph -1 (new)
Article 156 – paragraph -1 (new)
(33a) In Article 156, the following paragraph -1 is inserted: "In framing capital and provisioning requirements Member States shall take markedly greater account than hitherto of the requirements of the economic cycle. By 31 January 2010, the Commission shall review how this Directive as a whole can take the economic cycle into account better, in particular with a view to how valuation, leverage, bank capital and provisioning can strengthen desirable cyclical trends and promote through-the- cycle provisioning. The Commission shall, by 31 January 2010, submit firm proposals on a more strongly anti-cyclical orientation for capital requirements and provisioning."