9 Amendments of Burkhard BALZ related to 2010/0232(COD)
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 98/78/EC
Article 2 a (new)
Article 2 a (new)
(2a) The following Article is inserted: "Article 2a Level of application with regard to mixed financial holding companies 1. Where a mixed financial holding company is subject to equivalent provisions under this Directive and under Directive 2002/87/EC, in particular in terms of consolidated capital adequacy requirements or risk-based supervision, the competent authority for exercising supplementary supervision may, after consulting the other competent authorities concerned, apply only the provision of Directive 2002/87/EC to that mixed financial holding company . 2. Where a mixed financial holding company is subject to equivalent provisions under this Directive and under Directive 2006/48/EC, in particular in terms of consolidated capital adequacy requirements or risk-based supervision, the competent authority for exercising supplementary supervision may, in agreement with the consolidating supervisor in the banking and investment services sector, apply only the provision of the Directive relating to the most significant sector as defined in Article 3(2) of Directive 2002/87/EC. 3. The competent authority for exercising supplementary supervision shall inform the European Supervisory Authority (European Banking Authority) and the European Supervisory Authority (European Insurance and Occupational Pensions Authority) of the decisions taken under paragraphs 1 and 2 of. The European Supervisory Authorities, through the Joint Committee, shall develop guidelines aimed at converging supervisory practices and shall develop, within three years of the adoption of the guidelines, draft regulatory technical standards. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010.
Amendment 89 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/87/EC
Article 2 – point 17 – point a
Article 2 – point 17 – point a
(a) Member States’ competent authorities responsible for the sectoral group-wide supervision of any of the regulated entities in a financial conglomerate, in particular of the ultimate parent undertaking of a sector;
Amendment 95 #
Proposal for a directive – amending act
Article 2 – point 2 – point a
Article 2 – point 2 – point a
Directive 2002/87/EC
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Asset management companies within the meaning of Article 30 are added to the sector they belong to within the group; if they do not belonginvestment services sector; if they provide services exclusively to one other sector within the group, they are added to the smallesat financial sector.
Amendment 97 #
Proposal for a directive – amending act
Article 2 – point 2 – point a
Article 2 – point 2 – point a
Directive 2002/87/EC
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
Alternative investment fund managers within the meaning of Article 30a are added to the investment services sector; if they provide services exclusively to one other sector within the group, they are added to that financial sector.
Amendment 119 #
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/87/EC
Article 9 a a (new)
Article 9 a a (new)
(6a) The following Article is inserted: "Article 9aa Stress Testing The coordinator shall organise stress tests at the level of each financial conglomerate, based on all relevant parameters developed and provided by the Joint Committee in cooperation with the ESRB, the European Supervisory Authorities and the relevant competent authorities. The Joint Committee shall ensure consistency to stress tests initiated by the European Supervisory Authorities, and coordinate the stress tests at the level of sectoral groups and financial conglomerates in order to avoid simultaneous testing."
Amendment 125 #
Proposal for a directive – amending act
Article 2 – point 9 a (new)
Article 2 – point 9 a (new)
Directive 2002/87/EC
Article 20
Article 20
(9a) Article 20 is replaced by the following: "Article 20 Delegation of power 1. The Commission may adopt, by means of delegated acts in accordance with Article 21c, and subject to the conditions of Articles 21d and 21e, measures concerning the technical adaptations to be made to this Directive in the following areas: (a) a more precise formulation of the definitions referred to in Article 2 in order to take account of developments in financial markets in the application of this Directive; [...] (b) the alignment of terminology and the framing of definitions in the Directive in accordance with subsequent Union acts on regulated entities and related matters; (c) a more precise definition of the calculation methods set out in Annex I in order to take account of developments on financial markets and prudential techniques. [...] Those measures shall not include the subject matter of the power delegated and conferred on the Commission with regard to the items listed in Article 21a."
Amendment 126 #
Proposal for a directive – amending act
Article 2 – point 9 b (new)
Article 2 – point 9 b (new)
Directive 2002/87/EC
Article 20 a (new)
Article 20 a (new)
(9b) The following Article is inserted: "Article 20a Regulatory technical standards 1. In order to ensure consistent harmonisation of Articles 2, 7 and 8 and Annex II, the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority), through the Joint Committee, shall develop draft regulatory technical standards to establish a more precise formulation of the definitions referred to in Article 2 and to coordinate the provisions adopted pursuant to Articles 7 and 8 and Annex II. 2. The Joint Committee shall submit those draft regulatory technical standards to the Commission by 1 January 2013 on behalf of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority). 3. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the paragraph 1 in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010."
Amendment 133 #
Proposal for a directive – amending act
Article 3 – point 3 a (new)
Article 3 – point 3 a (new)
Directive 2006/48/EC
Article 72 a (new)
Article 72 a (new)
Amendment 136 #
Proposal for a directive – amending act
Article 3 a – point 1 (new)
Article 3 a – point 1 (new)
Directive 2009/138/EC
Article 213 – paragraphs 3 a, 3 b and 3 c (new)
Article 213 – paragraphs 3 a, 3 b and 3 c (new)