BETA

74 Amendments of Michael THEURER related to 2015/0226(COD)

Amendment 132 #
Proposal for a regulation
Recital 10
(10) It is essential that competent authorities work closely together to ensure a common and consistent understanding of the STS requirements throughout the Union and to address potential interpretation issues. In the light of this objective, the three ESAs should, in the framework of the Joint Committee of the European Supervisory Authorities within which a new securitisation committee shall be set up, coordinate their work and that of the competent authorities to ensure cross- sectoral consistency and assess practical issues which may arise with regards to STS securitisations. In doing so, the views of market participants should also be requested and taken into account to the extent possible. The outcome of these discussions should be made public on the websites of the ESAs so as to help originators, sponsors, SSPEs and investors assess STS securitisations before issuing or investing in such positions. Such a coordination mechanism would be particularly important in the period leading to the implementation of this Regulation.
2016/07/27
Committee: ECON
Amendment 146 #
Proposal for a regulation
Recital 13
(13) The ability of investors to exercise due diligence and thus make an informed assessment of the creditworthiness of a given securitisation instrument depends on their access to information on those instruments.. Based on the existing acquis, it is important to create a comprehensive system under which investors will have access to all the relevant information over the entire life of the transactions and to reduce originators,’ and sponsors and SSPEs' reporting tasks and to facilitate investors' continuous; easy and free access to reliable information on securitisations.
2016/07/27
Committee: ECON
Amendment 150 #
Proposal for a regulation
Recital 14
(14) Originators, and sponsors and SSPE's should make all materially relevant data on the credit quality and performance of underlying exposures available in the investor report, including data allowing investors to clearly identify delinquency and default of underlying debtors, debt restructuring, debt forgiveness, forbearance, repurchases, payment holidays, losses, charge offs, recoveries and other asset performance remedies in the pool of underlying exposures. Data on the cash flows generated by underlying exposures and by the liabilities of the securitisation issuance, including separate disclosure of the securitisation position’s income and disbursements, that is scheduled principal, scheduled interest, prepaid principal, past due interest and fees and charges and any data relating to the breach of any triggers implying changes in the priority of payments or replacement of any counterparties as well as data on the amount and form of credit enhancement available to each tranche should also be made available in the investor report. Although securitisations that are simple, transparent and standardised have in the past performed well, the satisfaction of any STS requirements does not mean that the securitisation position is free of risks, nor does it indicate anything about the credit quality underlying the securitisation. Instead, it should be understood to indicate that a prudent and diligent investor will be able to analyse the risks involved in the securitisation. There should be two types of STS requirements: one for long-term securitisations and one for short-term securitisations (ABCP), which should be subject to a large extent to similar requirements with specific adjustments to reflect the structural features of these two market segments. The functioning of these markets are different with ABCP programmes relying on a number of ABCP transactions consisting of short term exposures which need to be replaced once matured. In addition, STS criteria need also to reflect the specific role of the sponsor providing liquidity support to the ABCP conduits.
2016/07/27
Committee: ECON
Amendment 154 #
Proposal for a regulation
Recital 18
(18) To ensure that investors perform robust due diligence and to facilitate the assessment of underlying risks, it is important that securitisation transactions are backed by pools of exposures that are homogenous in asset type, such as pools of residential loans, pools of commercial loans, leases and credit facilities to undertakings of the same category to finance capital expenditureproperty loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for business operations, pools of auto loans and leases to borrowers or lessees or loans and pools of credit facilities to individuals for personal, family or household consumption purposthe purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes).
2016/07/27
Committee: ECON
Amendment 161 #
Proposal for a regulation
Recital 21
(21) Where a securitisation no longer meets the STS requirements, the originator, and sponsor and SSPE should immediately notify ESMA. Moreover, where a competent authority has imposed administrative sanctions or remedial measures with regard to a securitisation notified as being STS, that competent authority should immediately notify ESMA for its indication on the STS notifications list allowing investors to be informed about such sanctions and about the reliability of STS notifications. It is therefore in the interest of originators, and sponsors and SSPE's to make well-considered notifications due to reputational consequences.
2016/07/27
Committee: ECON
Amendment 163 #
Proposal for a regulation
Recital 22
(22) Investors should perform their own due diligence on investments commensurate with the risks involved but they should be able to rely on the STS notifications and on the information provided by the originator, and sponsor and SSPE on STS compliance. They should not, however, solely and mechanistically rely on such a notification, nor on the information provided by the originator and sponsor.
2016/07/27
Committee: ECON
Amendment 165 #
Proposal for a regulation
Recital 23
(23) The involvement of third parties in helping to check compliance of a securitisation with the STS requirements may be useful for investors, originators, sponsors and SSPE's and could contribute to increase confidence in the market for STS securitisations. Originators and sponsors should also use the services of a third party authorised in accordance with this Regulation to assess whether their securitisation complies with the STS criteria. Such bodies must be subject to regulatory oversight. The notification to ESMA and the subsequent publication on ESMA's website should mention that STS compliance was confirmed by an authorised third-party. However, it is essential that investors make their own assessment, take responsibility for their investment decisions and do not mechanistically rely on such third parties.
2016/07/27
Committee: ECON
Amendment 176 #
Proposal for a regulation
Recital 37
(37) For securitisation positions outstanding as of the date of entry into force of this Regulation, originators, sponsors and SSPEs may use the designation 'STS' provided that the securitisation complies with the STS requirements. Therefore, originators, sponsors and SSPEs should be able to submit an STS notification pursuant to Article 14 (1) of this Regulation to ESMA. Any subsequent modifications to the securitisation should be accepted provided that it meets all of the applicable STS requirements.
2016/07/27
Committee: ECON
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) 'Securitisation Special Purpose Entity' or 'SSPE' means a corporation, trust or other legal entity, other than an originator or sponsor, established for the purpose of carrying out one or more securitisations, the activities of which are limited to those appropriate to accomplishing that objective, the structure of which is intended to isolate the obligations of the SSPE from those of the originator, and in which the holders of the beneficial interests have the right to pledge or exchange those interests without restriction; An exposure that meets the criteria listed in points (a) to (c) of Article 147(8) of Regulation (EU) No 2013/575 and is used to operate physical assets shall not be considered an exposure to a securitisation.
2016/07/27
Committee: ECON
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b a (new)
(b a) By derogation from points (a) and (b), in the case of a fully-supported ABCP programme, institutional investors in the relevant commercial papers shall consider the features of the ABCP programme and the liquidity support by the sponsor
2016/07/27
Committee: ECON
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) 're-securitisation' means securitisation where the risk associated with an underlying pool of exposures is tranched and at least one of the underlying exposures is a securitisation position;
2016/07/27
Committee: ECON
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) 'sponsor' means a credit institution or investment firm as defined in Article 4(1) points (1) and (2) of Article 4(1) of Regulation (EU) No 2013/575575/2013 or a third-country credit institution or a third country investment firm provided the third country applies prudential and supervisory requirements to that entity that are at least equivalent to those applied in the Union, other than an originator or original lender, that establishes and manages an asset-backed commercial paper programme or other securitisation transaction or scheme that purchases exposures from third-party entities;
2016/07/27
Committee: ECON
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) 'sponsor' means a credit institution or investment firm as defined in Article 4(1) points (1) and (2) of Regulation (EU) No 2013/575 other than an originator that establishes and manages an asset-backed commercial paper programme or other securitisation transaction or scheme that purchases exposures from third-party entities. For the purpose of this definition, a sponsor shall also be considered to manage a securitisation transaction or scheme where that transaction or scheme involves day-to-day active portfolio management which is delegated to an entity authorised to perform such activity in accordance with Directive 2014/65/EU, Directive 2011/61/EU or Directive 2009/65/EC;
2016/07/27
Committee: ECON
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
(11) 'investor' means a person holding a securities resulting from a securitisasation position;
2016/07/27
Committee: ECON
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'balance sheet securitisation' means a securitisation transaction structured by an institution to transfer the risk of exposures originated by the institution itself or one of its affiliates in the banking book off its balance sheet, where the transfer of risk is achieved by the use of credit derivatives or guarantees and the exposures being securitised remain exposures of the originator institution.
2016/07/27
Committee: ECON
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'securitisation position' means a credit-risk exposure to a securitisation;
2016/07/27
Committee: ECON
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. An institutional investor shall verify before becoming exposed to a securitisation position that:
2016/07/27
Committee: ECON
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) the originator, sponsor and SSPE, where applicable, make available the information required by Article 5 of this Regulation in accordance with the frequency and modalities provided in that Article;
2016/07/27
Committee: ECON
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. Before becoming exposed to a securitisation position, institutional investors shall also carry out a due diligence assessment commensurate with the risks involved including at least the following aspects:
2016/07/27
Committee: ECON
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
(b a) By derogation from points (a) and (b), in the case of a fully-supported ABCP programme, institutional investors in the relevant commercial papers shall consider the features of the ABCP programme and the liquidity support by the sponsor
2016/07/27
Committee: ECON
Amendment 228 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Institutional investors that are exposed to a securitisation position shall at least:
2016/07/27
Committee: ECON
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
(b a) in the case of fully-supported ABCP transactions, regularly perform stress tests on the creditworthiness of the liquidity facility provider rather than on the securitised exposures;
2016/07/27
Committee: ECON
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Where an institutional investor has given another institutional investor authority to make investment management decisions that might expose it to a securitisation position, the institutional investor may instruct that managing party to fulfil its obligations under this Article in respect of any exposure to a securitisation arising from those decisions. Member States shall ensure that where an institutional investor is instructed under this paragraph to fulfil the obligations of another institutional investor and fails to do so, any sanction that may be imposed for the purposes of Article 17 and 18 of this Regulation can be imposed on the managing institutional investor and not the institutional investor who is exposed to the securitisation.
2016/07/27
Committee: ECON
Amendment 241 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
The originator, sponsor or the original lender of a securitisation shall retain on an ongoing basis a material net economic interest in the securitisation of not less than 5 %, which shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. Where the originator, sponsor or the original lender have not agreed between them who will retain the material net economic interest, the originator shall retain the material net economic interest. There shall be no multiple applications of the retention requirements for any given securitisation. The material net economic interest shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. The material net economic interest shall not be split amongst different types of retainers and not be subject to any credit risk mitigation or hedging.
2016/07/27
Committee: ECON
Amendment 280 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The originator, sponsor and SSPE of a securitisation shall, in accordance with paragraph 2, make at least the following information available to holders of a securitisation position and to the competent authorities referred to in Article 15 of this Regulation. In the case of ABCP, the information described in points (a), (c)(ii) and (e)(i) shall be made available in aggregate form to holders of securitisation position. In the case of a fully supported ABCP programme within the meaning of Article 2(21), no transaction documentation shall be disclosed to investors.
2016/07/27
Committee: ECON
Amendment 281 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The originator, and sponsor and SSPE of a securitisation shall, in accordance with paragraph 2, make at least the following information available to holders of a securitisation position and to the competent authorities referred to in Article 15 of this Regulation.
2016/07/27
Committee: ECON
Amendment 283 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) information on the exposures underlying the securitisation on a quarterly basis, or, in the case of ABCP, summary information on the underlying receivables or credit claims on a monthly basis;. Summary information on the underlying receivable or credit claims shall be general information at the program level regarding the types of exposures transferred to the ABCP conduit and other information relating to each category of exposures. It shall not be information relating to individual exposures. The originator, sponsor or SSPE may provide additional information beyond the requirements in this Article if they wish to do so, including in the case of ABCP.
2016/07/27
Committee: ECON
Amendment 289 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point i
(i) all materially relevant data on the credit quality and performance of underlying exposures. In the case of ABCP this data may be general data by category of assets;
2016/07/27
Committee: ECON
Amendment 294 #
Proposal for a regulation
Article 5 – paragraph 1 – point g – point v – paragraph 4
The information described in subparagraphs (f) and (g) shall be made available without delay. When complying with this paragraph, the originator, sponsor and SSPE of a securitisation shall comply with national and Union law governing the protection of confidentiality of information and the processing of personal data in order to avoid potential breaches of such legislation as well as any confidentiality obligation relating to customer, original lender or debtor information, unless such confidential information is anonymised or aggregated. In particular, with regard to the information referred to in point (b) the originator, sponsor and SSPE may provide a summary of the concerned documentation.
2016/07/27
Committee: ECON
Amendment 299 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. The originator, and sponsor and SSPE of a securitisation shall designate amongst themselves one entity to fulfil the information requirements pursuant to paragraph 1. The originator, and sponsor and SSPE shall ensure that the information is available free of charge to the holder of a securitisation position and competent authorities, in a timely and clear manner. The entity designated to fulfil the requirements set out in paragraph 1 shall make the information available by means of a website which shall;
2016/07/27
Committee: ECON
Amendment 301 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) the information that the originator, sponsor and SSPE shouldall provide in order to comply with their obligations under paragraph 1oints (a) and (de) of paragraph 1 and the format thereof by means of standardised templates taking into account the usefulness of information for the holder of the securitisation position, whether the securitisation position is of a short term nature and, in the case of an ABCP transaction, whether it is fully supported by a sponsor;
2016/07/27
Committee: ECON
Amendment 303 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) the information that the originator, and sponsor and SSPE should provide to comply with their obligations under paragraph 1(a) and (d) and the format thereof by means of standardised templates;
2016/07/27
Committee: ECON
Amendment 313 #
Proposal for a regulation
Article 6 – paragraph 1
Originators, and sponsors and SSPE's shall use the designation "STS" or a designation that refers directly or indirectly to these terms for their securitisation only where the securitisation meets all the requirements of Section 1 or Section 2 of this Regulation, and they have notified ESMA pursuant to Article 14 (1).
2016/07/27
Committee: ECON
Amendment 320 #
Proposal for a regulation
Article 7 – paragraph 1
Securitisations, except ABCP securitisations, that meet the requirements in Article 7(a) or the requirements in Articles 8, 9 and 10 of this Regulation shall be considered 'STS'.
2016/07/27
Committee: ECON
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Securitisations, excluding ABCP programmes and transactions, sold to investors after 1 January 2011 and before the date of entry into force of this Regulation will, from the time they are the subject of a notification pursuant to Article 14(1), be considered "STS" provided that: (a) they met at the time of issuance, the requirements set out in Article 8(1) to (5) and (7) to (9) and Article 9(1) and (3); (b) they meet, from the time of the Article 14(1) notification, the requirements set out in Article 8(2), (6), Article 9(2), (4) to (8) and Article 10(1) to (4).
2016/07/27
Committee: ECON
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
(1) Upon notification by a national competent authority or ESMA to the relevant originator or sponsor of a securitisation that was the subject of notification in accordance with Article 14(1) that the notifying entity is not satisfied that such a securitisation continues to meet the STS requirements, the originator or sponsor shall have two months from the date of such a notification to remedy the situation to the satisfaction of the notifying authority and shall make investors aware of the notification. (2) During the two month period following a notification by a national competent authority or ESMA in accordance with Article 7(1b)(1) the securitisation that was the subject of such notification shall not lose its STS- compliant status. (3) If, within two months of the notification referred to in Article 7(1b) (1), the situation has been remedied to the satisfaction of the relevant competent authority, then such a securitisation shall continue to be deemed STS-compliant. (4) Notwithstanding the provisions in Article 7(1b) (2) and 7(1b) (3), if the competent authority deems that the retention of STS-compliant status would put at risk the integrity of the STS label, or financial stability, it is authorised to remove the STS status of the securitisation. (5) The provisions of this article shall not limit the rights to impose any sanctions envisaged in Articles 17 and 18.
2016/07/27
Committee: ECON
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 4
4. The securitisation shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type. Residential property loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for the purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes) should be understood as being homogeneous. A pool of underlying exposures shall only comprise one asset type. The underlying exposures shall be contractually binding and enforceable obligations with full recourse to debtors, with defined periodic payment streams relating to rental, principal, interest payments, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
2016/07/27
Committee: ECON
Amendment 358 #
Proposal for a regulation
Article 10 – paragraph 1
1. The originator, and sponsor, and SSPE shall provide access to data on static and dynamic historical default and loss performance, such as delinquency and default data, for substantially similar exposures to those being securitised to the investor before investing. Those data shall cover a period no shorter than seven years for non-retail exposures and five years for retail exposures. The basis for claiming similarity shall be disclosed.
2016/07/27
Committee: ECON
Amendment 361 #
Proposal for a regulation
Article 10 – paragraph 3
3. The originator or sponsor shall providmake available a liability cash flow model to investors, both before the pricing of the securitisation and on an ongoing basis.
2016/07/27
Committee: ECON
Amendment 364 #
Proposal for a regulation
Article 10 – paragraph 4
4. The originator, and sponsor and SSPE shall be jointly responsible for compliance with Article 5 of this Regulation and shall makebe responsible for ensuring that all information required by Article 5(1) (a) is made available to potential investors before pricing. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the information required by Article 5 (1) (b) to (e) is made available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the final documentation is made available to investors at the latest 15 days after closing of the transaction.
2016/07/27
Committee: ECON
Amendment 370 #
Proposal for a regulation
Article 11 – paragraph 1
An ABCP securititransactions shall be considered 'STS' where ithe ABCP programme complies with the transaction level requirements in Article 13 of this Regulation and all transactions within that ABCP programme fulfil2. An ABCP programme shall be considered STS where it complies with the requirements in Article 123.
2016/07/27
Committee: ECON
Amendment 373 #
Proposal for a regulation
Article 12 – paragraph 1
1. A transaction within an ABCP programme shall meet the requirements of Section 1 of this Chapter, except for Articles 7, Article 8 (4) and (6), Article 9 (3), (4), (5), (6) and (8) and Article 10 (3)this Article to be considered STS. For the purposes of this Section, the terms "originator" and "original lender" under Article 8(7) shall be considered the seller.
2016/07/27
Committee: ECON
Amendment 374 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. The repayment of the holders of the securitisation positions shall not depend, predominantly, on the sale of assets securing the underlying exposures. This shall not apply to assets the value of which is guaranteed or fully mitigated by an effective commitment by the seller or another third party to repurchase or refinance the asset securing the underlying exposure at a fixed amount. This shall not prevent such assets from being subsequently rolled-over or refinanced.
2016/07/27
Committee: ECON
Amendment 378 #
Proposal for a regulation
Article 12 – paragraph 2
2. Transactions within an ABCP programme shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type and shall have a remaining weighted average life of no more than twohree years and none shall have a residual maturity of longer than threesix years. The underlying exposures shall not include loans secured by residential or commercial mortgages or fully guaranteed residential loans, as referred to in paragraph 1(e) of Article 129 of Regulation (EU) No 575/2013. The underlying exposures shall contain contractually binding and enforceable obligations with full recourse to debtors with defined payment streams relating to rental, principal, interest, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
2016/07/27
Committee: ECON
Amendment 381 #
Proposal for a regulation
Article 12 – paragraph 6 – point c
(c) a failure to generate sufficient new underlying exposures that meet the pre- determined credit quality;deleted
2016/07/27
Committee: ECON
Amendment 382 #
Proposal for a regulation
Article 12 – paragraph 7 – point d – paragraph 1
The sponsor shall perform its own due diligence and verify that the seller meets sound underwriting standards, servicing capabilities and collection processes that meet the requirements specified in points (i) to (m) of Article 259 (3) of Regulation (EU) No 575/2013 or equivalent requirements in third countries.
2016/07/27
Committee: ECON
Amendment 384 #
Proposal for a regulation
Article 12 a (new)
Article 12 a The originator, sponsor, and SSPE shall provide access to data on static and dynamic historical default and loss performance, such as delinquency and default data, for exposures substantially similar to those being securitised to the holders of the securitisation position. Where the sponsor does not have access to such data, it shall obtain from the seller access to data on a static or dynamic basis, historical performance, such as delinquency and default data, for exposures substantially similar to those being securitised. Those data shall cover a period no shorter than five years, except for trade receivables and other short term receivables for which the historical period shall be no shorter than a period of three years. The sources of the data and the basis for claiming similarity shall be disclosed.
2016/07/27
Committee: ECON
Amendment 389 #
Proposal for a regulation
Article 13 – paragraph 1
1. All70 % of the ABCP transactions within an ABCP programme, as measured by the volume of securitised exposures, shall fulfil the requirements of Article 12 of this Rregulation.
2016/07/27
Committee: ECON
Amendment 391 #
Proposal for a regulation
Article 13 – paragraph 5
5. The sSecurities issued by an ABCP programme sthall not include call options, extension clauses or other clauses at the discretion of the originator, sponsor or SSPE, that have an effect on their final maturity shall not be regarded STS.
2016/07/27
Committee: ECON
Amendment 392 #
Proposal for a regulation
Article 13 – paragraph 7 – point a
(a) the responsibilities of the trustee and other entities with fiduciary duties to investors;deleted
2016/07/27
Committee: ECON
Amendment 394 #
Proposal for a regulation
Article 13 – paragraph 7 – point b
(b) provisions that facilitate the timely resolution of conflicts between the sponsor and the holders of securitisation positions;deleted
2016/07/27
Committee: ECON
Amendment 398 #
Proposal for a regulation
Article 13 – paragraph 7 – point e
(e) provisions for replacement of derivative counterparties, and the account bank at ABCP programme level upon their default, insolvency and other specified events, where applicable.deleted
2016/07/27
Committee: ECON
Amendment 402 #
Proposal for a regulation
Article 13 – paragraph 8
8. The originator, sponsor and SSPE shall be jointlysponsor shall be responsible for compliance at ABCP programme level with Article 5 of this Regulation and shall make all information required by Article 5(1) (a) available to potential investors before pricing. The originator, sponsor and SSPE shall make theArticle 5 shall make available to potential investors before pricing: (a) all aggregated information required by point (a) of Article 5 (1) (b) to (e) available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, sponsor and SSPE shall make the final documentation available to investors at the latest 15 days after closing, available to investors; (b) the information required by points (b) to (e) of Article 5(1) of this Regulation, available. In the case of a fully supported ABCP programme within the meaning of Article 2 para. 21 no transaction documentation shall be disclosed to investors. Documentation referred to in point (b) (ii) to (vi) may be made available in a summarized form in the final offering documentation ofr the transactionprospectus.
2016/07/27
Committee: ECON
Amendment 407 #
Proposal for a regulation
Article 14 – paragraph 1
1. Originators, sponsors and SSPE's shall jointly notify ESMA by means of the template referred to in paragraph 5 of this Article that the securitisation meets the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation ('STS notification'). In case of an ABCP programme with multiple originators, each originator shall notify ESMA only with regard to the requirements in Article 12 for its own transaction and in an anonymised form. With regard to public securitisations ESMA shall publish the STS notification on its official website pursuant to paragraph 4. They shall also inform their competent authority. The originator, sponsor and SSPE of a securitisation shall designate amongst themselves one entity to be the first contact point for investors and competent authorities.
2016/07/27
Committee: ECON
Amendment 414 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
1a. The originator and sponsor shall use the service of a third party authorized in accordance with Article 14a to assess whether a securitisation complies with the criteria in Articles 7-10 or 11-13, the STS notification shall include a statement that the compliance with the STS criteria was confirmed by that third party. The notification shall include the name of the authorised third party, its place of establishment and the name of the competent authority that authorised it.
2016/07/27
Committee: ECON
Amendment 418 #
Proposal for a regulation
Article 14 – paragraph 2
2. Where the originator or original lender is not a credit institution or investment firm as defined in Article 4 (1) points (1) and (2) of Regulation No 575/2013 the notification pursuant to paragraph 1 shall be accompanied by the following: (a) confirmation by the originator or original lender that its credit-granting is done on the basis of sound and well- defined criteria and clearly established processes for approving, amending, renewing and financing credits and that the originator or original lender has effective systems in place to apply such processes. (b) a declaration on whether the elements mentioned in subparagraph (a) are subject to supervision.deleted
2016/07/27
Committee: ECON
Amendment 421 #
Proposal for a regulation
Article 14 – paragraph 3
3. The originator, and sponsor and SSPE shall immediately notify ESMA and their competent authority when a securitisation no longer meets the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation.
2016/07/27
Committee: ECON
Amendment 425 #
Proposal for a regulation
Article 14 – paragraph 4
4. ESMA shall maintain a list of all securitisations for which the originators, and sponsors and SSPEs have notified that they meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation on its official website. ESMA shall update the list where the securitisations are no longer considered to be STS following a decision of competent authorities or a notification by the originator, or sponsor or SSPE. Where the competent authority has imposed administrative sanctions or remedial measures in accordance with Article 17, it shall immediately notify ESMA thereof. ESMA shall immediately indicate on the list that a competent authority has imposed administrative sanctions or remedial measures in relation to the securitisation concerned.
2016/07/27
Committee: ECON
Amendment 427 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
ESMA, in close cooperation with EBA and EIOPA, shall develop draft regulatory technical standards that specify the information that the originator, and sponsor and SSPEmust provide to comply with their obligations under paragraph 1, and shall provide the format by means of standardised templates.
2016/07/27
Committee: ECON
Amendment 429 #
Proposal for a regulation
Article 14 a (new)
Article 14 a Third party verifying STS compliance 1. A third party referred to in Article 14(1a) shall be authorised by the competent authority to assess the compliance of securitisations with the STS criteria laid down in Articles 7 to 10 or Articles 11 to 13. The competent authority shall grant the authorisation if the following conditions are met: (a) the third party only charges non- discriminatory and cost-based fees to the originators, sponsors or SSPEs involved in the securitisations which the third party assesses without differentiating fees depending on, or correlated to, the results of its assessment; (b) the third party is neither a regulated entity as defined in Article 2(4) of Directive 2002/87/EC nor a credit rating agency as defined in Article 3(1) point (b) of Regulation (EC) No 1060/2009, and the performance of the third party's other activities shall not compromise the independence or integrity of its assessment; (c) the third party shall not provide any form of advisory, audit or equivalent service to the originator, sponsor or SSPE involved in the securitisations which the third party assesses; (d) the members of the management body of the third party have professional qualifications, knowledge and experience that are adequate for the task of the third party and they are of good repute and integrity; (e) the management body of the third party includes at least one third, but no less than two, independent directors; (f) the third party takes all necessary steps to ensure that the verification of STS compliance is not affected by any existing or potential conflicts of interest or business relationship involving the third party, its shareholders or members, managers, employees or any other natural person whose services are placed at the disposal or under the control of the third party. To that end, the third party shall establish, maintain, enforce and document an effective internal control system governing the implementation of policies and procedures to identify and prevent potential conflicts of interest. Potential or existing conflicts of interest which have been identified shall be eliminated or mitigated and disclosed without delay. The third party shall establish, maintain, enforce and document adequate procedures and processes to ensure the independence of the assessment of STS compliance. The third party shall periodically monitor and review those policies and procedures in order to evaluate their effectiveness and assess whether it is necessary to update them; and (g) the third party can demonstrate that it has proper operational safeguards and internal processes that enable it to assess STS compliance. The competent authority shall withdraw the authorisation when it considers the third party to be materially non-compliant with the above conditions. 2. A third party authorised in accordance with paragraph 1 shall notify its competent authority without delay of any material changes to the information provided under that paragraph, or any other changes that could reasonably be considered to affect the assessment of its competent authority. 3. The competent authority may charge cost-based fees to the third party referred to in paragraph 1, in order to cover necessary expenditure relating to the assessment of applications for authorisation and to the subsequent monitoring of the compliance with the conditions set out in paragraph 1. 4. ESMA shall draw up and maintain a list of all authorised third parties, based on transmission of the authorisation from competent authorities to ESMA. 5. ESMA shall develop draft regulatory technical standards specifying the information to be provided to the competent authorities in the application for the authorisation of a third party in accordance with paragraph 1. ESMA shall submit those draft regulatory technical standards to the Commission by [six months after entry into force of this Regulation]. 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 1095/2010.
2016/07/27
Committee: ECON
Amendment 433 #
Proposal for a regulation
Article 15 – paragraph 4
4. For entities not covered by the Union legislative acts referred to in paragraph 3, Member States shall designate one or more competent authority to ensure compliance with Articles 4 to 14 of this Regulation. Member States shall inform the Commission, ESMA, EBA and EIOPA and the competent authorities of other Member States of the designation of competent authorities pursuant to this paragraph. This obligation shall not apply with regard to corporates selling exposures under an ABCP programme or another securitisation transaction or scheme.
2016/07/27
Committee: ECON
Amendment 435 #
Proposal for a regulation
Article 16 – paragraph 2
2. The competent authority shall regularly review the arrangements, process and mechanisms implemented by originators, sponsors, SSPE's and original lenders to comply with this Regulation.
2016/07/27
Committee: ECON
Amendment 437 #
Proposal for a regulation
Article 16 – paragraph 3
3. Competent authorities shall ensurequire that risks arising from securitisation transactions, including reputational risks, are evaluated and addressed through appropriate policies and procedures of originators, sponsors, SSPE's and original lenders.
2016/07/27
Committee: ECON
Amendment 445 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) an originator, or sponsor and SSPE have failed to meet the requirements of Article 5;
2016/07/27
Committee: ECON
Amendment 447 #
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1
an originator, or sponsor and SSPE have failed to meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation .
2016/07/27
Committee: ECON
Amendment 448 #
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 a (new)
an originator or sponsor, in contravention of Article 6 of this Regulation, uses the designation 'STS' for their securitisation, other than while the securitisation meets all the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation;
2016/07/27
Committee: ECON
Amendment 449 #
Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 b (new)
an originator or sponsor makes a misleading notification pursuant to Article 14(1) of this Regulation.
2016/07/27
Committee: ECON
Amendment 459 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
1a. A specific Securitisation committee within the framework of the joint- committee of the European Supervisory Authorities shall be set up, within which competent authorities shall closely coordinate, in order to carry out their duties pursuant to Articles 16 to 19 of this Regulation.
2016/07/27
Committee: ECON
Amendment 460 #
Proposal for a regulation
Article 21 – paragraph 3
3. Where a competent authority finds that this Regulation has been infringed or has reason to believe so, it shall inform the competent supervisorauthority of the originator, sponsor, original lender, SSPE or investor of its findings in a sufficient detailed manner. The competent authorities concerned shall closely coordinate their supervision andin order to ensure consistent decisions and the competent authority finding the infringement should notify ESMA.
2016/07/27
Committee: ECON
Amendment 461 #
Proposal for a regulation
Article 21 – paragraph 4
4. Where the infringement referred to in paragraph 3 concerns, in particular, an incorrect or misleading notification pursuant to Article 14 (1) of this Regulation, the competent authority finding that infringement shall also notify without delay ESMA, EBA and EIOPA of its findings.
2016/07/27
Committee: ECON
Amendment 463 #
Proposal for a regulation
Article 21 – paragraph 5
5. Upon reception of the information referred to in paragraph 3, the competent authority shall take any necessary action to address the infringement identified and notify the other competent authorities concerned, in particular those of the originator, the sponsor, SSPE and the competent authorities of the holder of a securitisation position, when known. In case of disagreement between the competent authorities, the matter may be referred to ESMA and the procedure of Article 19 and, where applicable, Article 20 of Regulation (EU) No 1095/2010 shall apply.
2016/07/27
Committee: ECON
Amendment 469 #
Proposal for a regulation
Article 28 – paragraph 2
2. In respect of securitisation positions outstanding as of ... [date of entry into force of this Regulation], originators, and sponsors and SSPEs may use the designation 'STS' or a designation that refers directly or indirectly to these terms only where the requirements set out in Article 6 of this Regulation are complied with.
2016/07/27
Committee: ECON
Amendment 473 #
Proposal for a regulation
Article 28 – paragraph 6
6. Until the moment that the regulatory technical standards to be adopted by the Commission pursuant to Article 5 (3) of this Regulation are of application, originators, and sponsors and SSPE's shall, for the purposes of the obligations set out in points (a) and (e) of Article 5 (1) of this Regulation, make the information mentioned by Annexes I to VIII of Commission Delegated Regulation (EU) No 2015/3 available to the website referred to in Article 5 (2).
2016/07/27
Committee: ECON
Amendment 481 #
Proposal for a regulation
Article 30 – paragraph 1
By [four... [three years after entry into force of this Regulation] the Commission shall present a report to the European Parliament and the Council on the functioning of this Regulation, accompanied, where appropriate, by a legislative proposal. The report shall take into consideration international developments in the area of securitisation, notably initiatives on simple, transparent and comparable securitisations, and assess whether an equivalence regime in the area of STS securitisations could be introduced for third country originators, sponsors and SSPEs.
2016/07/27
Committee: ECON