17 Amendments of Robert GOEBBELS related to 2008/0191(COD)
Amendment 85 #
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 a (new)
Article 74 – paragraph 2 – subparagraph 2 a (new)
13a. In Article 74(2), the following subparagraph is added: "For the communication of these calculations by credit institutions, the competent authorities shall, by 31 December 2012, apply uniform formats, frequencies and dates of reporting. To facilitate this, the Committee of European Banking Supervisors shall, by 31 December 2011, elaborate guidelines to introduce, within the Community, a uniform reporting format. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions' activities."
Amendment 89 #
Proposal for a directive – amending act
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 2006/48/EC
Article 87 – paragraph 11 – subparagraph 1
Article 87 – paragraph 11 – subparagraph 1
"11. Where exposures in the form of a collective investment undertaking (CIU) meet the criteria set out in Annex VI, Part 1, points 77 and 78 and the credit institution is aware of all or parts of the underlying exposures of the CIU, the credit institution shall look through to those underlying exposures in order to calculate risk-weighted exposure amounts and expected loss amounts in accordance with the methods set out in this Subsection. Paragraph 12 shall apply to the part of the underlying exposures of the CIU the credit institution is not aware of andor could not reasonably be aware of. In particular, paragraph 12 shall apply where it would be unduly burdensome for the credit institution to look through to the underlying exposures in order to calculate risk-weighted amounts and expected loss amounts in accordance with the methods set out in this section.
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 2006/48/EC
Article 87 – paragraph 11 – subparagraph 2 – point b – point i
Article 87 – paragraph 11 – subparagraph 2 – point b – point i
(i) for exposures subject to a specific risk weight for unrated exposures or subject to the highest credit quality step yielding the highest risk weight for a given exposure class, the risk weight shall be multiplied by a factor of 2two but cannot be higher than 1 250 %;
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 2006/48/EC
Article 87 – paragraph 11 – subparagraph 3
Article 87 – paragraph 11 – subparagraph 3
If, for the purposes of point (a), the credit institution is unable to differentiate between private equity, exchange-traded and other equity exposures, it shall treat the exposures concerned as other equity exposures. Without prejudice to Article 154(6), where these exposures, taken together with the credit institution's direct exposures in this exposure class, are not material within the meaning of Article 89(2), Pparagraph 1 of that Article may be applied subject to the approval of the competent authorities.
Amendment 100 #
Proposal for a directive – amending act
Article 1 – point 16 – point a
Article 1 – point 16 – point a
Directive 2006/48/EC
Article 106 – paragraph 2 – point c
Article 106 – paragraph 2 – point c
(c) in the case of the provision of money transmission or securitiefinancial instruments clearing and, settlement and custody services to clients, delayed receipts in funding and other exposures arising from client activity, which do not last longer than the following business day.
Amendment 101 #
Proposal for a directive – amending act
Article 1 – point 16 – point b
Article 1 – point 16 – point b
Directive 2006/48/EC
Article 106 – paragraph 3
Article 106 – paragraph 3
3. In order to determine the existence of a group of connected clients, in respect of exposures referred to in points (m), (o) and (p) of Article 79(1), where there is an exposure to underlying assets, a credit institution shall assess the scheme andor its underlying exposures, or both. For that purpose, a credit institution shall evaluate the economic substance and the risks inherent in the structure of the transaction.
Amendment 132 #
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 160 #
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 a (new)
Article 122a – paragraph 1 a (new)
1a. Where an EU parent credit institution or an EU financial holding company, or one of its subsidiaries, as an originator or sponsor, securitises exposures from several credit institutions, investment firms or financial institutions which are included in the scope of supervision on a consolidated basis, the requirement referred to in paragraph 1 may be satisfied on the basis of the consolidated situation of the related EU parent credit institution or EU financial holding company. This paragraph shall apply only where credit institutions, investment firms or financial institutions which created the securitised exposures have committed themselves to comply with the requirements set out in paragraph 6 and deliver, in a timely manner, to the originator or sponsor and to the EU parent credit institution or an EU financial holding company the information needed to satisfy the requirements referred to in paragraph 7.
Amendment 242 #
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 1 – point a
Article 129 – paragraph 3 – subparagraph 1 – point a
Amendment 243 #
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 1 – point b
Article 129 – paragraph 3 – subparagraph 1 – point b
Amendment 247 #
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 2
Article 129 – paragraph 3 – subparagraph 2
Amendment 248 #
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 3
Article 129 – paragraph 3 – subparagraph 3
Amendment 249 #
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 4
Article 129 – paragraph 3 – subparagraph 4
The joint decision referred to in the first subparagraph shall be set out in a document containing the fully reasoned decision which shall be provided to the EU parent credit institution by the consolidating supervisor. In case of disagreement, the consolidating supervisor shall at the request of any of the other competent authorities concerned consult the Committee of European Banking Supervisors. The consolidating supervisor may consult the Committee of European Banking Supervisors on its own initiative.
Amendment 252 #
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 5
Article 129 – paragraph 3 – subparagraph 5
In the absence of such a joint decision between the competent authorities within six months, the consolidating supervisor shall make its owndecision on the application of Articles 123, 124 and 136(2) shall be taken by the consolidating supervisor on a consolidated basis after duly considering the risk assessment of subsidiaries performed by relevant competent authorities. The decision on the application of Articles 74(2), 123, 124 and 136(2) shall be taken by the competent authorities responsible for the supervision of subsidiaries of an EU parent credit institution or an EU parent financial holding company on an individual or, where applicable on a sub-consolidated basis. The decision shall be set out in a document containing the fully reasoned decision and shall take into account the views and reservations of the other competent authorities expressed during the six months period. The decision shall be provided to the other competent authorities by the consolidating supervisor.
Amendment 256 #
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 6
Article 129 – paragraph 3 – subparagraph 6
Where the Committee of European Banking Supervisors has been consulted, the consolidating supervisorall competent authorities shall consider such advice, and explain any significant deviation there from.
Amendment 259 #
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 subparagraphs taken by the competent authorities in the absence of a joint decision shall be recognised as determinative and applied by the competent authorities in the Member State concerned.
Amendment 283 #
Proposal for a directive – amending act
Article 2 – point 7 a (new)
Article 2 – point 7 a (new)
Directive 2006/49/EC
Article 47
Article 47
(7a) In Article 47 the date "31 December 2009" is replaced by "31 December 2010".