18 Amendments of Udo BULLMANN related to 2011/0203(COD)
Amendment 131 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The competent authorities of the Member States concerned shall collaborate closely in order to supervise the activities of institutions operating, in particular through a branch, in one or more Member States other than that in which their head offices are situated. They shall supply one another with all information concerning the management and ownership of such institutions that is likely to facilitate their supervision and the examination of the conditions for their authorisation, and all information likely to facilitate the monitoring of institutions, in particular with regard to liquidity, solvency, deposit guarantee, the limiting of large exposures, other factors that may influence the systemic risk posed by the institution, administrative and accounting procedures and internal control mechanisms.
Amendment 134 #
Proposal for a directive
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The competent authorities of the home Member State shall provide the competent authorities of host Member States immediately with any information and findings pertaining to liquidity supervision in accordance with Part Six of Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] and Title VII, Chapter 3 of this Directive of the activities performed by the institution through the branch, to the extent that such information is relevant for the protection of depositors or investors and taxpayers in the host Member State.
Amendment 140 #
Proposal for a directive
Article 52 a (new)
Article 52 a (new)
Article 52a Conversion of systemic branches into subsidiaries If the operation of a branch in a host Member State reaches a level that the host country supervisor decides can pose systemic risk to its financial system, then it shall, in consultation with the ESRB, EBA and the home country authority, have the right to ask the branch to be converted into a subsidiary. In case of disagreement EBA's decision, working jointly with the ESRB, will be binding.
Amendment 178 #
Proposal for a directive
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The arrangements, processes and mechanisms referred to in paragraph 1 shall be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution's activities. The technical criteria established in Sub-sections 2 and 3 shall be taken into account.
Amendment 186 #
Proposal for a directive
Article 74 – paragraph 3
Article 74 – paragraph 3
3. Competent authorities shall collect information on the number, names, titles and job responsibilities of individuals per institution in pay brackets of at least EUR 1 million, including the business area involved and the main elements of salary, bonus, long-term award and pension contribution. That information shall be forwarded to EBA, which shall publish it on an aggregate home Member State basis in a common reporting format. EBA may elaborate guidelines to facilitate the implementation of this paragraph and ensure the consistency of the information collected.
Amendment 225 #
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. EBA, in conjunction with national authorities, shall develop a model portfolio of assets which will be valued and the riskiness of which will be assessed on the basis of their IRB models by all banks using IRB models in that Member State. The resulting differences in valuation and capital held against such a portfolio by each institution shall be used by EBA and competent authorities to develop a risk multiplier with which the institution being assessed shall multiply its imputed total IRB risk capital. In case of disputes between Member States and EBA, EBA's decision will prevail. For financial institutions that get more than 50% of their revenue (on a consolidated basis) from outside their home country, EBA shall develop such a portfolio and may consult competent authorities if necessary.
Amendment 227 #
Proposal for a directive
Article 76 – paragraph 3 – subparagraph 2 a (new)
Article 76 – paragraph 3 – subparagraph 2 a (new)
EBA shall develop technical standards to develop the minimum requirements for institutions to develop sufficient internal capacities in term of human resources and competences to ensure the internal rating as defined in paragraph 1 and 2. EBA shall submit those draft regulatory technical standards to the Commission by 1 January 2014. Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 14 of Regulation (EU) No 1093/2010.
Amendment 228 #
Proposal for a directive
Article 76 – paragraph 3 – subparagraph 2 b (new)
Article 76 – paragraph 3 – subparagraph 2 b (new)
Competent authorities, in cooperation with EBA, shall analyse and assess the performances of the internal ratings capacities within the institutions.
Amendment 231 #
Proposal for a directive
Article 77 – point d a (new)
Article 77 – point d a (new)
(da) The development of relationship based lending, where information gleaned from a continuing business relationship with clients is used to get a better quality of due diligence and risk assessment than is available purely from standardized information and credit scores will be encouraged.
Amendment 233 #
Proposal for a directive
Article 81 – paragraph 3 – subparagraph 3 a (new)
Article 81 – paragraph 3 – subparagraph 3 a (new)
Competent authorities shall develop guidelines to encourage institutions to reduce the pro-cyclically of their market risk management including through the gradual development of a mark to funding approach.
Amendment 237 #
Proposal for a directive
Article 84 – paragraph 10
Article 84 – paragraph 10
10. Competent authorities shall ensure that institutions have in place liquidity recovery plans setting out adequate strategies and proper implementation measures in order to address possible liquidity shortfalls, including in relation to branches established in another Member State. Those plans shall be regularly tested, updated on the basis of the outcome of the alternative scenarios set out in paragraph 7, be reported to and approved by senior management, so that internal policies and processes can be adjusted accordingly. Institutions shall take the necessary operational steps in advance to ensure that liquidity recovery plans can be implemented immediately. For credit institutions, such operational steps shall include holding collateral immediately available for central bank funding. This includes holding collateral where necessary in the currency of another Member State, or currency of a third country to which the credit institution has exposures, and where operationally necessary within the territory of a host Member State or third country whose currency it is exposed to. Competent authorities shall ensure that the institutions adopt the Basel III guidelines for a net stable funding ratio and a liquidity buffer starting in 2015.
Amendment 344 #
Proposal for a directive
Article 89 – point a
Article 89 – point a
(a) variable remuneration is strictly limited as a percentage of net revenue where it is inconsistent with the maintenance of a sound capital base and timely exit from government support, with any level greater than zero needing public explanation and justification and being subject to the approval of the Commission and EBA;
Amendment 355 #
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point f
Article 90 – paragraph 1 – subparagraph 1 – point f
(f) institutions shall set the appropriate ratios between the fixed and the variable component of the total remuneration where in no case shall the variable component exceed 75% of the base contractual salary;
Amendment 360 #
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point j – point i
Article 90 – paragraph 1 – subparagraph 1 – point j – point i
(i) shares or equivalent ownership interests, subject to the legal structure of the institution concerned or share-linked instruments or equivalent non-cash instruments, in case of a non-listed institution but no share options;
Amendment 362 #
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point k – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1 – point k – subparagraph 1
(k) a substantial portion, and in any event at least 460 %, of the variable remuneration component is deferred over a period which is not less than three to 5 years and is correctly aligned with the nature of the business, its risks and the activities of the member of staff in question.
Amendment 363 #
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point k – subparagraph 2
Article 90 – paragraph 1 – subparagraph 1 – point k – subparagraph 2
Remuneration payable under deferral arrangements shall vest no faster than on a pro-rata basis. In the case of a variable remuneration component of a particularly high amount, above EUR 100 000 at least 60 % of the amount shall be deferred. The length of the deferral period shall be established in accordance with the business cycle, the nature of the business, its risks and the activities of the member of staff in question;
Amendment 502 #
Proposal for a directive
Article 126 a (new)
Article 126 a (new)
Article 126a Member State Specific Risk Buffers Member States which have larger than average banking systems or have otherwise made regulatory choices on acceptable risks to taxpayers that are more conservative than what other member states may be comfortable with, shall, with the approval of the ESRB using systemic risk methodology used to assess the requirements of Article 125 and 126, be allowed to have higher own funds requirements for institutions authorized in the country. These funds may not be in the form of pure equity with acceptable forms being determined by home country authorities subject to approval by the ESRB and the EBA but in no case should exceed twice the minimum level of capital required under the Basel III agreement including the Capital Conservation Buffers.
Amendment 539 #
Proposal for a directive
Article 150 – paragraph 2
Article 150 – paragraph 2
2. From 2014 onwards, EBA shall, in cooperation with EIOPA and ESMA, biannually publish a report about the extent legislation of Member States refers to external ratings and about steps taken by Member States to reducview and remove such references. This report shall also outline how competent authorities meet their obligations set out in Article 76(1) and (2) and in Article 77(1)(b). This report shall also outline the degree of supervisory convergence in this regard.