13 Amendments of Gabriel MATO related to 2018/0060(COD)
Amendment 82 #
Proposal for a regulation
Recital 7
Recital 7
(7) The longer an exposure has been non-performing, the lower the probability for the recovery of its value. Therefore, the portion of the exposure that should be covered by provisions, other adjustments or deductions should increase with time, following a pre-defined calendar. NPEs purchased by an institution should thus be subject to a calendar that starts to run from the date on which the NPE has originally been classified as non- performing, and not from the date of its purchase, whenever the date is known by the purchaser. For this purpose, the seller should provide the buyer with information as regards the date of the classification of the exposure as non-performing. If this information is not available to the acquirer, the calendar should start on the acquisition date.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EU) No 575/2013
Article 36 – paragraph 1 – point m (new)
Article 36 – paragraph 1 – point m (new)
(m) the applicable amount of insufficient coverage for non-performing exposures. other than exposures purchased by a specialised debt restructurer which were non-performing at the time of purchase;
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 1 – point a
Article 47a – paragraph 1 – point a
(a) a debt instrument, including a debt security, a loan, an advance, a cash balance at a central bank and any other demand depositnd a demand deposit; other than securitized exposures where there is a significant transfer of risk;
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 3 – subparagraph 2
Article 47a – paragraph 3 – subparagraph 2
For the purpose of point (a), where an institution has on-balance sheet exposures to an obligor that are past due by more than 90 days and that represent more than 20% of all on-balance sheet exposures to that obligor, all on- and off-balance sheet exposures to that obligor shall be considered as past due by more than 90 daysnon-performing, except exposures in form of a financial guarantee and risk commitments that are not at risk of being called upon by the guaranteed party.
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 6 – point b a (new)
Article 47a – paragraph 6 – point b a (new)
(b a) For the purpose of points 2 and 3 of Article 47c, the age of the exposure during the one year cure period should be the age of the exposure at the moment when the forbearance measure was applied. If the exposure does not fulfill the requirements for exiting the non- performing classification, the age count will be resumed from the moment it was first classified as non-performing.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 7 a (new)
Article 47a – paragraph 7 a (new)
7 a. For the purpose of Article 36(m) "specialised debt restructurer" means an institution that, during the preceding financial year, complies with the following conditions : (i) the main activity of the institution is the purchase of exposures of other institutions and its management body has implemented a clear and effective internal decision process to this end; (ii) the book value of its own originated loans does not exceed 10 % of the aggregate book value, including purchased performing and non- performing exposures, of its loans;and (iii) its total assets do not exceed EUR 30,000,000,000.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 7 b (new)
Article 47a – paragraph 7 b (new)
7 b. EBA shall, taking into account the criteria set out in points (i) to (iii) of paragraph 1a, develop draft regulatory technical standards specifying the conditions under which an institution may be considered a specialised debt restructurer. EBA shall submit those draft regulatory technical standards to the Commission by [12 months after the date of entry into force of this amending 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 1093/2010.
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 1 – introductory part
Article 47c – paragraph 1 – subparagraph 1 – introductory part
For the purposes of Article 36(1)(m), institutions shall determine the applicable amount of insufficient coverage for non- performing exposures to be deducted from Common Equity Tier 1 items by subtracting the amount determined in point (b) from the amount determinedparent- institution level of prudential consolidation of own funds or portfolio in point (b) from the amount determined at the parent-institution level of prudential consolidation of own funds or portfolio in point (a):
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 1 – point b – point i a (new)
Article 47c – paragraph 1 – subparagraph 1 – point b – point i a (new)
(i a) specific risk adjustments shall include partial write-offs made since the most recent non-performing classification of an exposure;
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 1 – point b – point iv a (new)
Article 47c – paragraph 1 – subparagraph 1 – point b – point iv a (new)
(iv a) own funds deduction stemming from the calculation of Risk Weighting Assets for defaulted assets;
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) 575/2013
Article 47c – paragraph 1 – subparagraph 1 – point b – point iv b (new)
Article 47c – paragraph 1 – subparagraph 1 – point b – point iv b (new)
(iv b) partial write-offs;
Amendment 343 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 3 – point p a (new)
Article 47c – paragraph 3 – point p a (new)
(p a) Notwithstanding the above, a factor of 0 shall apply to exposures where a debtor verifiably makes regular partial payments amounting to a significant portion of the initial contractual payments, if those payments enable the exposure to be cured.
Amendment 380 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Review By [six months after the entry into force of this amending Regulation] the Commission shall review and report on the interaction with Regulation (EU) 2017/2395 with a view to ensuring supervisory coherence. By [two years after entry into force of this amending Regulation], the Commission shall review and report on the impact, effectiveness and outcomes of this amending Regulation, and in particular on its interaction with the supervisory reporting framework, the other actions taken at national and EU level to tackle NPLs and develop a secondary market, and the institution-specific supervisory practices.