19 Amendments of Gabriel MATO related to 2016/0360A(COD)
Amendment 318 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) No 575/2013
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) intangible assets; 14) In paragraph 1 of Article 36, point (b) is replaced by the following: "(b) intangible assets with the exception of software that has a market value. Institutions shall only deduct from CET1, the difference between the exposure value of the software calculated in accordance with article 111(1) and the market value, when the exposure value is higher than the market value. EBA shall develop draft regulatory technical standards to define the term "software" and to determine the methodology to calculate the market value referred to in this paragraph. EBA shall submit those draft regulatory technical standards to the Commission by XXX;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R0575&from=EN)
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) No 575/2013
Article 49 – paragraph 2 – subparagraph 2 a (new)
Article 49 – paragraph 2 – subparagraph 2 a (new)
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 575/2013
Article 52 – paragraph 1 – point p
Article 52 – paragraph 1 – point p
(p) where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union or where it is established in a Member State, the law or contractual provisions governing the instruments require that, upon a decision by the resolution authority to exercise the power referred to in Article 59 of Directive 2014/59/EU, the principal amount of the instruments is to be written down on a permanent basis or the instruments are to be converted into Common Equity Tier 1 instruments;;
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
(q) where the issuer is established in a Member State or where it is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the instruments may only be issued under, or be otherwise subject to the laws of a third country where, under those laws, the exercise of the write down and conversion power referred to in Article 59 of Directive 2014/59/EU is effective and enforceable based on statutory provisions or legally enforceable contractual provisions that recognise resolution or other write-down or conversion actions;
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EU) No 575/2013
Article 54 – paragraph 1 – point d a (new)
Article 54 – paragraph 1 – point d a (new)
(19a) In Article 54, the following point (da) is inserted in paragraph 1: "(da) where the Additional Tier 1 instruments have been issued by a subsidiary undertaking established in a third country, the 5.125% or higher trigger referred to in point (a) shall be calculated in accordance with the third country law or contractual provisions governing the instruments, provided that the competent authority, after consulting EBA, is satisfied that those provisions are at least equivalent to the requirements set out in this Article."
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point c
Article 1 – paragraph 1 – point 23 – point c
Regulation (EU) No 575/2013
Article 63 – point n
Article 63 – point n
(n) where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union or where it is established in a Member State, the law or contractual provisions governing the instruments require that, upon a decision by the resolution authority to exercise the power referred to in Article 59 of Directive 2014/59/EU, the principal amount of the instruments is to be written down on a permanent basis or the instruments are to be converted into Common Equity Tier 1 instruments. Where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the law or contractual provisions governing the instruments require that, upon a decision by the relevant third country authority, the principal amount of the instruments is to be written down on a permanent basis or the instruments converted into Common Equity Tier 1 instruments; .
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point d
Article 1 – paragraph 1 – point 23 – point d
Regulation (EU) No 575/2013
Article 63 – point o
Article 63 – point o
(o) where the issuer is established in a Member State or where it is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the instruments may only be issued under, or be otherwise subject to the laws of a third country where, under those laws, the exercise of the write down and conversion power referred to in Article 59 of Directive 2014/59/EU is effective and enforceable based on statutory provisions or legally enforceable contractual provisions that recognise resolution or other write-down or conversion actions;
Amendment 407 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72e – paragraph 1 – introductory part
Article 72e – paragraph 1 – introductory part
1. Institutions that are subject to Article 92a shall deduct the following from own funds and eligible liabilities items :
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72e – paragraph 1 – point d a (new)
Article 72e – paragraph 1 – point d a (new)
(da) holdings of own funds and eligible liabilities instruments issued by financial sector entities included in the scope of consolidated supervision that do not belong to the same resolution group.
Amendment 413 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72e – paragraph 4
Article 72e – paragraph 4
4. Where an EU parent institution or a parent institution in a Member State that is subject to Article 92a has direct, indirect or synthetic holdings of own funds instruments or eligible liabilities instruments of one or more subsidiaries which do not belong to the same resolution group as that parent institution, the resolution authority of that parent institution, after consulting the resolution authorities, if applicable, of any subsidiaries concerned, may permit the parent institution to derogate from paragraphs 1(c), 1(de) and 2 by deducting a lower amount specified by the home resolution authority of the parent. That lower amount must be at least equal to the amount (m) calculated as follows: mi = Oi + Pi - max{0; Pi + LP − {0 ; [(Oi + Pi) - rRG x Ri]β( i+L ) – ( × WA )} } Where : Oi = the index denotingown funds instruments of the subsidiary; Oi i OPi= the amount of own funds instruments issued by subsidiary i which is recognised in consolidated own funds by the parent institution; and held by the parent institution; Li = amount of eligible liabilities instruments issued by subsidiary i. LPi = the amount of eligible liabilities instruments issued by subsidiary i and held by the parent institution; rRG = the ratio applicable to the respective resolution group in accordance with point (a) of Article 92a(1)β = percentage of capital instruments and eligible liabilities instruments issued by subsidiary i held by the parent undertaking ri = Own funds and eligible liabilities ratio in accordance with article 92a of Regulation (EU) No 575/2013 and Aarticle 45d of Directive 2014/59/EU; Ri = the total risk exposure amount of the G-SII entity i calculated in accordance wi applicable to the subsidiary i (at the level of the resolution group of that subsidiary) RWAai = RWA adjusted (taking into account the Article 92(3) and (4).12 of CRR) of the subsidiary i Where the parent institution is allowed to deduct the lower amount in accordance with the first subparagraph, the difference between the amount calculated in accordance with paragraphs 1(c), 1(de) and 2 and this lower amount shall be deducted by the subsidiary from the corresponding element of own funds and eligible liabilities.
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point iii
Article 81 – paragraph 1 – point a – point iii
(iii) an intermediate financial holding company in a third country that is subject to the same rules asprudential requirements as stringent as those applied to credit institutions of that third country and where the Commission has decided in accordance with Article 107(4) that those pruledential requirements are at least equivalent to those of this Regulation;
Amendment 462 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 575/2013
Article 82 – point a – point iii
Article 82 – point a – point iii
(iii) an intermediate financial holding company in a third country that is subject to the same rules asprudential requirements as stringent as those applied to credit institutions of that third country and where the Commission has decided in accordance with Article 107(4) that those pruledential requirements are at least equivalent to those of this Regulation;
Amendment 463 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38 a (new)
Article 1 – paragraph 1 – point 38 a (new)
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i
Article 84 – paragraph 1 – point a – point i
(38a) In paragraph 1 of Article 84, point (i) of point (a) is replaced by the following: "(i) the amount of Common Equity Tier 1 capital of that subsidiary required to meet the sum of the requirement laid down in point (a) of Article 92(1), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104a and the specific guidance on additional own funds referred to in article 104b of Directive 2013/36/EU the combined buffer requirement defined in point (6) of Article 128 of Directive 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory regulations in third countries insofar as those requirements or guidance are to be met by Common Equity Tier 1 capital;" Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38 a (new)
Article 1 – paragraph 1 – point 38 a (new)
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
Article 84 – paragraph 1 – point a – point ii
(38a) In paragraph 1 of Article 84, point (ii) of point (a) is replaced by the following: "(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 point (a) of Article 92(1), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104a and the specific guidance on additional own funds referred to in article 104b of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of Directive 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory regulations in third countries insofar as those requirements or guidance are to be met by Common Equity Tier 1 capital." Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 465 #
Proposal for a regulation
Article 1 – paragraph 38 a (new)
Article 1 – paragraph 38 a (new)
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i
Article 85 – paragraph 1 – point a – point i
(38a) In paragraph 1 of Article 85, point (i) of point (a) is replaced by the following: "(i) the amount of Tier 1 capital of the subsidiary required to meet the sum of the requirement laid down in point (b) of Article 92(1), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104a and the specific guidance on additional own funds referred to in article 104b of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of Directive 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory regulations in third countries insofar as those requirements or guidance are to be met by Tier 1 Ccapital;" Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 38 a (new)
Article 1 – paragraph 38 a (new)
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
Amendment 470 #
Proposal for a regulation
Article 1 – paragraph 38 a (new)
Article 1 – paragraph 38 a (new)
Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a – point i
Article 87 – paragraph 1 – point a – point i
Amendment 471 #
Proposal for a regulation
Article 1 – paragraph 38 a (new)
Article 1 – paragraph 38 a (new)
Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a – point ii
Article 87 – paragraph 1 – point a – point ii
(38a) In paragraph 1 of Article 87, point (ii) of point (a) is replaced by the following: "(ii) the amount of own funds that relates to 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), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104a and the specific guidance on additional own funds referred to in article 104b of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of Directive 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory own funds requirement in third countries;" Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 584 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56 a (new)
Article 1 – paragraph 1 – point 56 a (new)
Regulation (EU) No 575/2013
Article 134 – paragraph 1
Article 134 – paragraph 1
(56a) In Article 134, paragraph 1 is replaced by the following: "1. Tangible assets within the meaning of item 10 under the heading 'Assets' in Article 4 of Directive 86/635/EEC shall be assigned a risk weight of 100%." and the software that shall not be deducted in accordance with Article 36(1)(b) shall be assigned a risk weight of 100%." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R0575&from=EN)