BETA

53 Amendments of Herbert DORFMANN related to 2021/0342(COD)

Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point x a (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 146 – introductory part
(x a) in point (146), the introductory part is replaced by the following: (146) ‘large institution’ means an institution that is not a social economy entity and meets any of the following conditions:
2022/08/11
Committee: ECON
Amendment 442 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point x b (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 146 a (new)
(x b) the following point is inserted : “(146a) ‘social economy entity’ means an entity that meets all of the following conditions: a) the entity is not a G-SII b) the entity and its subsidiaries and affiliated undertakings are linked according to Article 22(7) of Directive 2013/34/EU and applicable national laws address subsidiaries to allocate profits mainly to common interests of members; c) subsidiaries and affiliated undertakings are small and non-complex entities according to point 145 of this Article or less significant institutions according to Art. 6(4) of Regulation (EU) 1024/2013; d) subsidiaries and affiliated undertakings are bound by national laws for a governance model informed by democratic principles.
2022/08/11
Committee: ECON
Amendment 471 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) 575/2013
Article 5 – point 10 a (new)
(10a) For the purpose of this regulation, ‘agricultural enterprise’ means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members who exercises an agricultural activity.
2022/08/11
Committee: ECON
Amendment 480 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a – introductory part
(a) in paragraph 1, point (d) isand (k) are replaced by the following:
2022/08/11
Committee: ECON
Amendment 481 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point ba (new)
Regulation (EU) No 575/2013
Article 36 – paragraph 1 – point k – point vi (new)
(ba) in point (k) a new point is added: ‘(vi) CIU exposures in accordance with Article 132(2).
2022/08/11
Committee: ECON
Amendment 500 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) 876/2019 amending Regulation (EU) 575/2013
Article 47c – paragraph 6 – subparagraphs 2 a (new) and 2 b (new)
(11 a) in Article 47c(6) the following subparagraphs are added: By way of derogation from paragraph 2, when a non-performing exposure is purchased by a financial institution i) from another financial institution which has originated the credit, ii) at a price which is at least 50% lower than the total amount owed by the debtor iii) before the third year following its classification as non-performing, then the factors foreseen by paragraph 2shall re-apply from the beginning, as if the exposure would have been just classified as non-performing. By way of derogation from paragraph 3, when a non-performing exposure is purchased by a financial institution, i) from another financial institution, ii) at a price which is at least 50% lower than the total amount owed by the debtor, iii) before the seventh year following its classification of non performing, for non- performing exposures secured by other funded or unfunded credit protection, or before the nineth year following its classification as non performing, for non- performing exposure secured by immovable property, then the factors foreseen by paragraph 3 shall re-apply from the beginning, as if the exposure would have been just classified as non- performing.
2022/08/11
Committee: ECON
Amendment 518 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:
2022/08/11
Committee: ECON
Amendment 522 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – parapraph 1 – point a – point i
(i) the amount of Common Equity Tier 1 capital of that subsidiary required to meet the following: — institution, the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459 , the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable; — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries, insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable;deleted where the subsidiary is an
2022/08/11
Committee: ECON
Amendment 527 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i –indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459 , the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable;deleted
2022/08/11
Committee: ECON
Amendment 534 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) 575/2013
Article 84 – paragraph 1 – point a – point i – indent 2
— where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries, insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable;deleted
2022/08/11
Committee: ECON
Amendment 542 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive;; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements;
2022/08/11
Committee: ECON
Amendment 552 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:
2022/08/11
Committee: ECON
Amendment 558 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i
(i) the amount of Tier 1 capital of the subsidiary required to meet the following: — institution, the sum of the requirement laid down in Article 92(1), point (b), tdeleted whe requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 Capital, as applicable; — investment firm, the sum of t the subsidiary is an whe requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 capital, as applicable; the subsidiary is an
2022/08/11
Committee: ECON
Amendment 561 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 Capital, as applicable;deleted
2022/08/11
Committee: ECON
Amendment 567 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 2
— where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 capital, as applicable;deleted
2022/08/11
Committee: ECON
Amendment 577 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements;
2022/08/11
Committee: ECON
Amendment 579 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a
(a)20 a) in Article 87 point (a) is replaced by the following: the own funds of the subsidiary minus the lower of the following: (i) the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; (ii) the amount of own funds that relates to 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory own funds requirement in third countries and the Common Equity Tier 1 capital of the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisoryat local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirement in third countries;
2022/08/11
Committee: ECON
Amendment 598 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point a – subparagraph 5a (new)
By way of derogation from the first subparagraph, institutions which deduct an IRB shortfall amount from their Common Equity Tier 1 in accordance with Article 36 (1), point (d) shall apply the following formula: TREA= max {U-TREA; (x*S-TREA)– (SF*12,5)} where SF = the absolute value of the IRB shortfall deducted in accordance with Article 36(1), point (d)
2022/08/11
Committee: ECON
Amendment 691 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40 – point b a (new)
Regulation (EU) No 575/2013
Article 122 – paragraph 2 a (new)
(b a) the following paragraph is added: 2a. By way of derogation from paragraph 2, exposures under the standardised approach due to not-real estate leases granted by an institution to corporate borrowers against the payment of periodic contractual payments shall be assigned a risk weight of 70%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities.
2022/08/11
Committee: ECON
Amendment 778 #
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Regulation (EU) 575/2013
Article 123 – paragraph 4 a (new)
4 a. By way of derogation from paragraph 3, exposures under the standardised approach due to not-real estate leases granted by an institution to retail borrowers against the payment of periodic contractual payments shall be assigned a risk weight of 55%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities.
2022/08/11
Committee: ECON
Amendment 793 #
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Regulation (EU) 575/2013
Article 124 – paragraph 2 – point a – point i
(i) the immovable property securing the exposure is the obligor’s primary residenceexposure is to an individual and secured by a residential property, either where the immovable property as a whole constitutes a single housing unit or where the immovable property securing the exposure is a housing unit that is a separated part within an immovable property;
2022/08/11
Committee: ECON
Amendment 804 #
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Regulation (EU) 575/2013
Article 124 – paragraph 2 – point c – point ii a (new)
(ii a) exposures related to property leasing transactions concerning offices or other commercial premises under which the institution is the lessor and the lessee has an option to purchase shall be assigned a risk weight of 50% provided that the exposure of the institution is fully and completely secured by its ownership of the property and the commercial immovable property is instrumental to the lessee’s economic activities.
2022/08/11
Committee: ECON
Amendment 826 #
Proposal for a regulation
Article 1 – paragraph 1 – point 47
Regulation (EU) 575/2013
Article 126a – paragraph 2 – introductory part
2. ADC exposures to residential or commercial property, however, may be risk weighted at 100 %, provided that, where applicable, the institution applies sound origination and monitoring standards which meet the requirements of Articles 74 and 79 of Directive 2013/36/EU and where at least one of the following conditions is met:
2022/08/11
Committee: ECON
Amendment 852 #
Proposal for a regulation
Article 1 – paragraph 1 – point 51 a (new)
Regulation (EU) 575/2013
Article 132 – paragraph 2 – subparagraph 2
(51 a) in Article 132(2), subparagraph 2 is replaced by the following: Subject to Article 132b (2), institutions that do not apply the look-through approach or the mandate-based approach shall assign a risk weight of 1 250 % (‘fall-back approach’) to their exposures in the form of units or shares in a CIU. As an alternative to applying a 1 250 % risk weight, institutions may deduct those amounts from Common Equity Tier 1 items in accordance with point (k) of Article 36(1).
2022/08/11
Committee: ECON
Amendment 854 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Regulation (EU) 575/2013
Article 133 – paragraph 1 – point c – point iv – introductory part
(iv) the holder of the instrument has exercised the option to require that the obligation be settled in equity shares, unless one of the following conditions is met:
2022/08/11
Committee: ECON
Amendment 860 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Regulation (EU) 575/2013
Article 133 – paragraph 3
3. Equity exposures, other than those referred to in paragraph 3a and 4 to 7, shall be assigned a risk weight of 250 %, unless those exposures are required to be deducted or risk-weighted in accordance with Part Two.
2022/08/11
Committee: ECON
Amendment 862 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
3a. Exposures to equity listed on regulated markets shall be assigned a risk weight of 100%. Private equity exposures in sufficiently diversified portfolios shall be assigned a risk weight of 190 % unless those exposures are required to be deducted.
2022/08/11
Committee: ECON
Amendment 871 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Regulation (EU) 575/2013
Article 133 – paragraph 6
6. Equity exposures to central banks shall be assigned a risk weight of 100 %.
2022/08/11
Committee: ECON
Amendment 959 #
Proposal for a regulation
Article 1 – paragraph 1 – point 89 – point c a (new)
Regulation (EU) No 575/2013
Article 178 – paragraph 6 a (new)
(c a) the following paragraph is inserted: 6a. EBA shall develop draft regulatory technical standards to specify the definition of diminished financial obligation in case of distressed restructuring for the purposes of paragraph 3(d). EBA shall submit those draft regulatory technical standards to the Commission by 31 December 2023. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2022/08/18
Committee: ECON
Amendment 982 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98 a (new)
(98 a) in Article 197(5), point (b) is replaced by the following: (b) the CIUs are limited to investing in instruments that are eligible for recognition under paragraphs 1 and 4;
2022/08/18
Committee: ECON
Amendment 985 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98 a (new)
Regulation (EU) No 575/2013
Article 197 – paragraph 6 - subparagraph 1
(98 a) in Article 197(6), subparagraph 1 is replaced by the following: For the purposes of paragraph 5, where a CIU (‘the original CIU’) or any of its underlying CIUs are not limited to investing in instruments that are eligible under paragraphs 1 and 4, institutions: - where the institutions can apply the look-through method, they may use units or shares in that CIU as collateral up to the amount equal to the value of the underlying instruments, calculated following the existing provisions of the relevant European and national regulations, that are eligible for recognition under paragraphs 1 and 4; - where institutions can apply the mandate-based approach, they may use units or shares in that CIU as collateral to an amount equal to the value of the eligible assets held by that CIU under the assumption that that CIU or any of its underlying CIUs have invested in non- eligible assets to the maximum extent allowed under their respective mandates.
2022/08/18
Committee: ECON
Amendment 993 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98 c (new)
Regulation (EU) No 575/2013
Article 198 – paragraph 1
(98 c) in Article 198, paragraph 1 is replaced by the following: 1. In addition to the collateral established in Article 197, where an institution uses the Financial Collateral Comprehensive Method set out in Article 223, that institution may use the following items as eligible collateral: (a) equities or convertible bonds not included in a main index but traded on a recognised exchange; (b) units or shares in CIUs where both the following conditions are met: (i) the units or shares have a daily public price quote; (ii) the CIU is limited to investing in instruments that are eligible for recognition under Article 197(1) and (4) and the items mentioned in point (a) of this subparagraph. In the case a CIU invests in units or shares of another CIU, conditions (a) and (b) of this paragraph equally apply to any such underlying CIU. The use by a CIU of derivative instruments to hedge permitted investments shall not prevent units or shares in that undertaking from being eligible as collateral.
2022/08/18
Committee: ECON
Amendment 995 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98 d (new)
Regulation (EU) No 575/2013
Article 198 – paragraph 2 – subparagraph 1
(98 d) in Article 198(2), subparagraph 1 is replaced by the following: 2. Where the CIU or any underlying CIU are not limited to investing in instruments that are eligible for recognition under Article 197(1) and (4) and the items mentioned in point (a) of paragraph 1 of this Article, institutions: - where institutions can apply the look- through method, they may use units or shares in that CIU as collateral up to the amount equal to the value of the underlying instruments, calculated following the existing provisions of the relevant European and national regulations, that are eligible for recognition under paragraphs 1 and 4 and the items mentioned in point (a) of paragraph 1 of this Article;· - where institutions can apply the mandate-based approach, they may use units or shares in that CIU as collateral to an amount equal to the value of the eligible assets held by that CIU under the assumption that that CIU or any of its underlying CIUs have invested in non- eligible assets to the maximum extent allowed under their respective mandates.
2022/08/18
Committee: ECON
Amendment 1019 #
Proposal for a regulation
Article 1 – paragraph 1 – point 104 a (new)
Regulation (EU) 575/2013
Article 212 – paragraph 2 – point g
(g) the surrender value is declared by the company providing the life insurance and is non-reducible;104 a)in Article 212(2), point (g) is replaced by the following: (g) the current surrender value is declared by the company providing the life insurance. Where the surrender value is reducible, it has to be revaluated during the exposure life cycle.
2022/08/18
Committee: ECON
Amendment 1239 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 1
3. By way of derogation from Article 92(5)(a), point (i), parent institutions, parent financial holding companies or parent mixed financial holding companies, stand-alone institutions in the EU or stand- alone subsidiary institutions in Member States may, until 31 December2032, assign a risk weight of 65 % to exposures to corporates for which no credit assessment by a nominated ECAI is available provided that that entity estimates the PD of those exposures, calculated in accordance with Part Three, Title II, Chapter 3, is no higher than 0,5 %.
2022/08/18
Committee: ECON
Amendment 1243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 2
EBA shall monitor the use of the transitional treatment laid down in the first subparagraph and the availability of credit assessments by nominated ECAIs for exposures to corporates. EBA shall report its findings to the Commission by 31 December 2028.deleted
2022/08/18
Committee: ECON
Amendment 1261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 3
On the basis of that report and taking due account of the related internationally agreed standards developed by the BCBS, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December 2031.deleted
2022/08/18
Committee: ECON
Amendment 1275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 4 – subparagraph 1
4. By way of derogation from Article 92(5)(a), point (iv), pParent institutions, parent financial holding companies or parent mixed financial holding companies, subsidiary institutions, stand-alone institutions in the EU or stand- alone subsidiary institutions in Member States shall, until 31 December 2029, replace alpha by 1 in the calculation of the exposure value for the contracts listed in Annex II in accordance with the approaches set out in Part Three, Title II, Chapter 6, Sections 3 and 4, where the same exposure values are calculated in accordance with the approach set out in Part Three, Title II, Chapter 3, Section 6 for the purposes of the total un-floored risk exposure amount.
2022/08/18
Committee: ECON
Amendment 1281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 4 – subparagraph 2
The Commission may, having taken into account the EBA report referred to in Article 514, adopt a delegated act in accordance with Article 462 to permanently modify the value of alpha, where appropriate.
2022/08/18
Committee: ECON
Amendment 1292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – introductory part
5. By way of derogation from Article 92(5)(a), point (i), Member States may, allow pParent institutions, parent financial holding companies or parent mixed financial holding companies, subsidiary institutions, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member States are allowed to assign the following risk weights provided that all the conditions in the second subparagraph are met.
2022/08/18
Committee: ECON
Amendment 1299 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point a
(a) until 31 December 2032, a risk weight of 10 % to the part of the exposures secured by mortgages on residential property up to 55 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted,
2022/08/18
Committee: ECON
Amendment 1315 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
(b) until 31 December 2029, a risk weight of 45% to any remaining part of the exposures secured by mortgages on residential property up to 80 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted, provided that the adjustment to own funds requirements for credit risk referred to in Article 501 is not applied.
2022/08/18
Committee: ECON
Amendment 1324 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 2 – point a
(a) the qualifying exposures are located in thea Member State that has exercised the discretion;
2022/08/18
Committee: ECON
Amendment 1342 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 3 – introductory part
Where the discretion referred to in the first subparagraph has been exercised and all the associated conditions in the second subparagraph are met, institutions may assign the following risk weights to the remaining part of the exposures referred to in the second subparagraph, point (b), until 31 December 2032:
2022/08/18
Committee: ECON
Amendment 1358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 3 – point c
(c) 67,5 % during the period from 1 January 2032 to 31 Decemberfrom 1 January 2032.
2022/08/18
Committee: ECON
Amendment 1361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 4
When Member States exercise that discretion, they shall notify EBA and substantiate their decision. Competent authorities shall notify the details of all the verifications referred to in the first subparagraph, point (c), to EBA.deleted
2022/08/18
Committee: ECON
Amendment 1369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 5
EBA shall monitor the use of the transitional treatment in the first subparagraph and report to the Commission by 31 December 2028 on the appropriateness of the associated risk weights.deleted
2022/08/18
Committee: ECON
Amendment 1377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 6
On the basis of that report and taking due account of the related internationally agreed standards developed by the BCBS, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December 2031.;deleted
2022/08/18
Committee: ECON
Amendment 1400 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures - till a maximum of 250% - to the current value of equity exposures, including the part of the exposures not deducted from own funds in accordance with Article 471, to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking.
2022/08/18
Committee: ECON
Amendment 1460 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500 – paragraph 1
(199a) article 500(1) is replaced by the following: 1. By way of derogation from point (a) of Article 181(1), an institution may adjust its LGD estimates by partly or fully offsetting the effect of massive disposals of defaulted exposures on realised LGDs up to the difference between the average estimated LGDs for comparable exposures in default that have not been finally liquidated and the average realised LGDs including on the basis of the losses realised due to massive disposals, as soon as all the following conditions are met: (a) the institution has notified the competent authority of a plan providing the scale, composition and the dates of the disposals of defaulted exposures; (b) the dates of the disposals of defaulted exposures are after 23 November 2016 but not later than 28 June31 December 20224; (c) the cumulative amount of defaulted exposures disposed of since the date of the first disposal in accordance with the plan referred to in point (a) has surpassed 20 % of the outstandingcumulative amount of all defaulted exposures as of the date of the first disposal referred to in points (a) and (b). The adjustment referred to in the first subparagraph may only be carried out until 28 June31 December 20224 and its effects may last for as long as the corresponding exposures are included in the institution's own LGD estimates.
2022/08/18
Committee: ECON
Amendment 1502 #
Proposal for a regulation
Article 1 – paragraph 1 – point 202 a (new)
Regulation (EU) No 575/2013
Article 501ca (new)
(202 a)the following article is insertedas follows: Article 501ca Sustainability Adjustment Factor for certain energy efficient mortgages 1. For exposures related to energy efficient mortgages as defined by point 2, the capital requirement for credit risk calculated according to Title II of Part Three shall be multiplied by a Sustainability Adjustment Factor (SAF) for mortgages of 0,80. 2. For the purpose of this Article, energy efficient mortgages are those that finance the renovation of buildings in order to allow them to increase at least two classes of Energy Performance in Energy Performance Certificate (EPC), or the construction of new buildings or acquisition and/or ownership of buildings with at least the class C of EPC. 3. If other supporting factors are envisaged for the exposures in paragraph 1 in this Regulation, the SAF should be added to those additional supporting factors prior to the calculation of the capital requirements for credit risk. 4. Institutions shall report to competent authorities every 12months on the total amount of exposures qualified for the SAF and the related total capital requirements for credit risk. 5. The Commission shall by xxxxxx report on the impact of the SAF for qualified energy efficient mortgages and, if it is justified from a prudential perspective, if it should be kept at the level in point 1 or should be increased and shall submit that report to the European Parliament and to the Council together with a legislative proposal, if appropriate.
2022/08/18
Committee: ECON
Amendment 1503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 202 b (new)
Regulation (EU) No 575/2013
Article 501c b (new)
(202 b) the following article is inserted: ‘Article 501cb Sustainability Adjustment Factor for other suitable economic activities 1. For exposure fully or partially related to economic activities as defined by point 2 and different from those in article 501xX, the pro-quota capital requirements for credit risk shall be multiplied by a Sustainability Adjustment Factor (SAF) of 0,85 unless the capital requirements for credit risk are calculated by the bank under a validated IRB/IRBA that integrates the sustainability risk factors envisaged in the Taxonomy Regulation (Regulation (EU) 2020/852). 2. For the purpose of this Article SAF suitable economic activities are defined as economic activities that fulfil all the following criteria: i. they are included in the existing and future Delegated Regulations based on the Taxonomy Regulation (Regulation (EU) 2020/852); ii. they are compliant with Article 3 of that Regulation (Criteria for environmentally sustainable economic activities); iii. they belong to those economic activities for which EBA, in collaboration with JRC, has assessed a materially reduced prospective credit risk by virtue of their environmental sustainability. 3. If for the exposures in point 1 other supporting factors are envisaged in this Regulation, the SAF should be added to those additional supporting factors prior to the calculation of the capital requirements for credit risk. 4. EBA has the mandate to assess a first set of SAF suitable economic activities by December 2023and a second one by December 2026. 5. Institutions shall report to competent authorities every 12months on the total amount of SAF suitable exposures and the related total capital requirements for credit risk 6. The Commission shall by xxxxxx and by yyyyyyy report on the impact of the SAF for exposures to the eligible economic activities defined in this article and, if it is justified from a prudential perspective, if it should be kept at the level in point 1 or should be increased and shall submit that report to the European Parliament and to the Council together with a legislative proposal, if appropriate.’
2022/08/18
Committee: ECON
Amendment 1506 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 505
1. Own funds requirements for credit risk calculated in accordance with Title II of Part III shall be multiplied by a factor of 0,75, if the exposure to an agricultural enterprise as defined in Article 5 point (11) complies with all the following criteria: (a) the exposure is included either in the corporate, retail or immovable property exposures class, with the exclusion of exposures in default; (b) the obligor complies with farming practices that respect (or are equivalent to) eco-schemes and/or environmental, climate related and other management commitments as laid down in articles 31and70 of Regulation (EU) n° 2021/2115. 2. Large institutions as defined in Article433a shall report to competent authorities semi- annually on the total amount of exposures to agriculture entities calculated in accordance with paragraph 1of this Article. Small and non-complex institutions as defined in Article 433bshall report this information annually. 3. By 31 December 2030, EBA shall report to the Commission on the impact of the requirements of this Regulation on agricultural financing.
2022/08/18
Committee: ECON