10 Amendments of Udo BULLMANN related to 2013/0306(COD)
Amendment 101 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) MMFs accept funding with deposit- like characteristics, perform maturity and liquidity transformation and engage in credit risk transfer. Hence, they are shadow banks in the strict sense of the word.
Amendment 108 #
Proposal for a regulation
Recital 5
Recital 5
(5) Asset managers, helped by sponsors, may decide to provide discretionary support to maintain the liquidity and the stability of their MMFs. Sponsors are often forced to support their sponsored MMFs when losing value due to the reputational risk and fear that panic could spread into the sponsor other businesses. Depending on the size of the fund and the extent of redemption pressure, sponsor support may reach proportions that exceed their readily available reserves. In the case of banks in particular, this can lead to panic spreading to account holders who then wish to withdraw their deposits as quickly as possible, posing a risk that the bank may become insolvent. Therefore, it is important to provide for a framework of uniform rules in order to prevent the failure of the sponsor and risk contagion to other businesses and other entities that sponsor MMFs.
Amendment 110 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In view of the many bank-like characteristics of MMFs and the systemic interconnections to bank stability, MMFs should be subject to the supervision of the banking supervisors.
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 – point c a (new)
Article 2 – paragraph 1 – point 16 – point c a (new)
(ca) with respect to Article 15a of this Regulation the authority designated by a Member State in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and Directive 2013/36/EU for credit institutions in the MMF's home Member State;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 – point c b (new)
Article 2 – paragraph 1 – point 16 – point c b (new)
(cb) With respect to Article 15a and if the authority referred to in point c a is located in a participating Member State and any of the following conditions is met: (i) the total value of the MMF's assets exceeds EUR 10 billion or (ii) following a notification by any competent authority that it considers such a fund of significant relevance with regard to the domestic financial stability or economy, the ECB takes a decision confirming such significance following a comprehensive assessment by the ECB of that fund, the SSM and within the SSM the ECB as described in Regulation (EU) No 1024/2013 may, on behalf of its own assessment of necessity, act as the competent authority as regards to this Regulation and, thereby, contribute to undistorted conditions of competition within the financial sector.
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'participating Member State' means a Member State whose currency is the euro or a Member State whose currency is not the euro which has established a close cooperation in accordance with Article 7 of Regulation (EU) No 1024/2013.
Amendment 397 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Harmonisation of capital buffers and liquidity requirements in the financial sector 1. The competent authority shall impose capital buffers and liquidity requirements according to the standards laid out in Regulation (EU) No 575/2013 and Directive 2013/36/EU. 2. If the authority referred to in Article 2 paragraph 1 point 16 point c a acts as the competent authority, it shall submit its decisions and the related information regarding its regulatory activities according to paragraph 1 to the SSM. 3. Article 1 of Regulation (EU) No 575/2013 is hereby amended as follows: "This Regulation lays down uniform rules concerning general prudential requirements that institutions supervised under Directive 2013/36/EU as amended shall comply with in relation to the following items: (a) own funds requirements relating to entirely quantifiable, uniform and standardised elements of credit risk, market risk, operational risk and settlement risk; (b) requirements limiting large exposures; (c) after the delegated act referred to in Article 460 has entered into force, liquidity requirements relating to entirely quantifiable, uniform and standardised elements of liquidity risk; (d) reporting requirements related to points (a), (b) and (c) and to leverage; (e) public disclosure requirements. This Regulation does not govern publication requirements for competent authorities in the field of prudential regulation and supervision of institutions as set out in Directive 2013/36/EU as amended." 4. Article 2 of Directive 2013/36/EU is hereby amended as follows: Paragraph 1 is replaced by the following: "This directive shall apply to institutions. As regards to capital buffers and liquidity requirements it also shall apply to money market funds." 5. Article 3 of Directive 2013/36/EU is hereby amended as follows: Point 2a shall be added to paragraph 1 after point 2 and read as follows: "'money market fund' means a fund within the scope of Regulation XXX (MMF Regulation);".
Amendment 729 #
Proposal for a regulation
Article 37 – paragraph 5 a (new)
Article 37 – paragraph 5 a (new)
Amendment 752 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Competent authorities, including authorities designated by a Member State in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and Directive 2013/36/EU for credit institutions in the MMF's home Member State, SSM and ECB, and ESMA shall cooperate with each other for the purpose of carrying out their respective duties under this Regulation in accordance with Regulation (EU) No 1095/2010.
Amendment 754 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Competent authorities, including authorities designated by a Member State in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and Directive 2013/36/EU for credit institutions in the MMF's home Member State, SSM and ECB, and ESMA shall exchange all information and documentation necessary to carry out their respective duties under this Regulation in accordance with Regulation (EU) No 1095/2010, in particular to identify and remedy breaches of this Regulation.