BETA

32 Amendments of Burkhard BALZ related to 2011/0202(COD)

Amendment 251 #
Proposal for a regulation
Article 4 – paragraph 1 – point 23 – introductory part
(23) ‘eligible capital’ for the purposes of Title IV of Part Two and Part Fiveour means the sum of the following:
2012/03/07
Committee: ECON
Amendment 252 #
Proposal for a regulation
Article 4 – paragraph 1 – point 23 – point c
(c) Tier 2 capital that is equal to or less than 25 % of own funds;
2012/03/07
Committee: ECON
Amendment 280 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
These rules also apply to institutions being part of a financial holding group or mixed financial holding group and other undertakings being part of such a group.
2012/03/07
Committee: ECON
Amendment 371 #
Proposal for a regulation
Article 25 – title
Capital instruments of mutuals, cooperative societies, savings banks or similar institutions in Common Equity Tier 1 items
2012/03/07
Committee: ECON
Amendment 436 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
(a) institutions may calculate the amount of holdings of own Common Equity Tier 1 instruments in the trading book on the basis of the net long position provided the long and short positions are in the same underlying exposure and the short positions involve no counterparty risk;
2012/03/07
Committee: ECON
Amendment 473 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point i
i) where the holding is in a central or regional credit institution, either the institution with that holding is associated with that central or regional credit institution in a network subject to legal or statutory provisions and the central or regional credfor cash-clearing operations wit hinstitution is responsible, under those provisions, for cash-clearing operations within that network that network or that network ensures the liquidity and solvency of the institution in accordance with Article 108(7);
2012/03/07
Committee: ECON
Amendment 484 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point v
v) the institution draws up and reports to the competent authorities the consolidated or aggregated balance sheet referred to in point (e) of Article 108(7) no less frequently than own funds requirements are required to be reported underlaid down in Article 95108(7);
2012/03/07
Committee: ECON
Amendment 507 #
Proposal for a regulation
Article 59 – paragraph 1 – point d a (new)
(da) value adjustments referred to in article 37 para 2 of directive 86/635/EU;
2012/03/08
Committee: ECON
Amendment 508 #
Proposal for a regulation
Article 59 – paragraph 1 – point d b (new)
(db) the commitments of the members of credit institutions set up as cooperative societies and the joint and several commitments of the borrowers of certain institutions organised as funds.
2012/03/08
Committee: ECON
Amendment 616 #
Proposal for a regulation
Article 111 – paragraph 4
4. Exposures to public-sector entities may be treated as exposures to the central government, regional governments or local authority in whose jurisdiction they are established where there is no difference in risk between such exposures because of the existence of an appropriate guarantee by the central government, regional governments or local authority.
2012/03/08
Committee: ECON
Amendment 631 #
Proposal for a regulation
Article 115 a (new)
Article 115a For exposures to credit institutions incurred by credit institutions operating on a non-competitive basis and providing loans under legislative programmes or their statutes, in order to promote specified sectors of the economy while being under some form of governmental supervision and restrictions on the use of the loans Article 116 applies, subject to the condition that the respective exposures arise from such loans that are passed on to the beneficiaries via other credit institutions.
2012/03/08
Committee: ECON
Amendment 785 #
Proposal for a regulation
Article 197 – paragraph 1 – point f
(f) institutions and mutual guarantee schemes / credit guarantee institutions;
2012/03/08
Committee: ECON
Amendment 787 #
Proposal for a regulation
Article 197 – paragraph 2 – subparagraph 3 a (new)
Competent authorities have to indicate the relevant mutual guarantee schemes / credit guarantee institutions according to paragraph 2 to EBA.
2012/03/08
Committee: ECON
Amendment 807 #
Proposal for a regulation
Article 296 – paragraph 5 – introductory part
5. As an alternative to the approach specified in paragraph 4, where an institution is a client, it may calculate the own funds requirements for its CCP-related transactions with the clearing member in accordance with Articles 297 to 300 provided that both of the following conditions are met:
2012/03/08
Committee: ECON
Amendment 808 #
Proposal for a regulation
Article 296 – paragraph 5 – point b
(b) relevant laws, regulations, rules and contractual arrangements applicable to or binding that institution or the CCP ensure that in the event of default or insolvency of the clearing member, the transfer of the institution's positions relating to those contracts and transactions and of the corresponding collateral to another clearing member within the relevant margin period of risk.deleted
2012/03/08
Committee: ECON
Amendment 839 #
Proposal for a regulation
Article 372 – paragraph 3
3. Transactions with a central counterparty and transactions with non-financial counterparties referred to in Art XX of EMIR (inserted by OP), provided that these transactions are objectively measurable as reducing risks directly related to the commercial or treasury financing activities of the non-financial counterparty, are excluded from the own funds requirements for CVA risk.
2012/03/09
Committee: ECON
Amendment 879 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point j a (new)
(ja) assets constituting claims and other exposures to recognised exchanges.
2012/03/09
Committee: ECON
Amendment 886 #
Proposal for a regulation
Article 389 – paragraph 2 – point k
(k) assets constituting claims and other exposures to recognised exchanges.deleted
2012/03/09
Committee: ECON
Amendment 983 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 2
Pending a uniform definition in accordance with Article 481(2) of high and extremely high liquidity and credit quality, institutions shall identify themselves in a given currencyregard as transferable assets that are respectively of high or extremely high liquidity and credit quality. Pending a uniform definition, competent authorities may, taking into account the criteria listed in Article 481(2), provide general guidance that institutions shall all securities that have a credit assessment by a recognised ECAI of at least A- or are internally rated as having a PD equivalent to a credit assessment of at least A- and: a) are recognised as collateral at a standardised repo market or b) belong to one of the follow in identifying assets of high and extremely high liquidity and credit quality. In the absence of such guidance, institutions shall use transparent and objective criteria to this end, including some or all of the criteria listed in Article 481(2)g asset classes: securities representing claims on or claims guaranteed by sovereigns, central banks, regional governments, local authorities or other public sector entities; securities representing claims on or claims guaranteed by supranational institutions, the EU or the EFSF, covered bonds eligible for the treatment set out in Article 124, paragraph 3 or 4, government guaranteed bank bonds according to Article 404 paragraph 2 point (a) point (iii) and other government guaranteed bank bonds; shares listed in regulated exchange markets; gold; bonds issued by government-sponsored enterprises, corporate bonds.
2012/03/09
Committee: ECON
Amendment 993 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – introductory part
(a) assets that are issued by a credit institution or SSPE unless they fulfil one of the following conditions:
2012/03/09
Committee: ECON
Amendment 994 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point i
(i) they are bonds eligible for the treatment set out in Article 124(3) or (4) or asset backed instruments of high liquid and credit quality as established by EBA pursuant to Article 481;
2012/03/09
Committee: ECON
Amendment 997 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii
(ii) they are bonds as defined in Article 52(4) of Directive 2009/65/EC other than those referred to in (i) or equivalent items subject to the approval of the competent authorities;
2012/03/09
Committee: ECON
Amendment 1003 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii
(iii) the credit institution has been set up and is sponsored by a Member State central or regional government and the asset is guaranteed by that government and has an obligation to protect the economic basis of the institution and maintain its viability throughout its lifetime; or the asset is explicitly guaranteed by that government; and the asset is exclusively used to fund promotional loans granted on a non- competitive, not for profit basis in order to promote ithat government's public policy objectives;
2012/03/09
Committee: ECON
Amendment 1113 #
Proposal for a regulation
Article 409 – paragraph 1 – introductory part
1. Institutions shall multiply the amount of retail deposits that are covered by a Deposit Guarantee Scheme according to Directive 94/19/EG or an equivalent deposit guarantee scheme in a third country or a member state of the European Union by at least 5% where the deposit is either
2012/03/09
Committee: ECON
Amendment 1137 #
Proposal for a regulation
Article 410 – paragraph 4 – second subparagraph
by 5% in the case of point (a) to the extent to which they are covered by a Deposit Guarantee Scheme according to Directive 94/19/EC or an equivalent deposit guarantee scheme in a third country or a member state of the European Union and by 25% otherwise.
2012/03/09
Committee: ECON
Amendment 1291 #
Proposal for a regulation
Article 416 – paragraph 10 – subparagraph 1 a (new)
The value of cash collateral received either as margin collateral or as default fund contribution which is shown in its balance sheet may be deducted from the total exposure measure by institutions operating a central counterparty.
2012/03/09
Committee: ECON
Amendment 1297 #
Proposal for a regulation
Article 417 a (new)
Article 417a Treatment of Central Counterparty business of credit institutions 1. Trade exposures an institution operating a central counterparty has in this function with its clearing members are not taken into account for the purposes of Parts Three, Four, Six and Seven. 2. For the determination of capital requirements for credit risk, the default fund contribution of an institution in its function as a Central counterparty is defined as an own exposure class "CCP Default fund contribution". Regardless of the approach chosen, the amount contributed to the default funds is taken as exposure multiplied with a risk weight of 100%. This treatment does not change the treatment of the default fund contribution of the institution operating a Central counterparty for other purposes. 3. Cash positions resulting out of the netting of various deliveries in the same underlying but with differing prices are not treated as exposures for Large Exposures purposes. For other purposes the total receivable and total payables are treated as a position towards a domestic credit institution. 4. For an institution operating a CCP the scope of the EMIR rules is limited to the extent possible to the CCPs business as such. Where differing rules exist between EMIR and this regulation and directive, in principle the more stringent rules apply. Where conflicting rules exist between EMIR and this regulation and directive, the competent authority being responsible for the banking supervision of that institution is responsible to adopt the rules of this regulation and / or directive in a way, that compliance with the EMIR rules is secured to the extent possible and the intention of this regulation or directive is not harmed substantially.
2012/03/09
Committee: ECON
Amendment 1326 #
Proposal for a regulation
Article 436 – paragraph -1 (new)
The decision as to whether or not the leverage ratio is to be disclosed should not be taken without full consideration of the results of the report on the impact and effectiveness of the leverage ratio and should take into account the decision of the Council and the European Parliament on the treatment of the leverage ratio.
2012/03/09
Committee: ECON
Amendment 1384 #
Proposal for a regulation
Article 444
Liquidity 1. The Commission shall be empowered to adopt a delegated act in accordance with Article 445 to specify in detail the general requirement set out in Article 401. Such specification shall be based on the items to be reported according to Part Six, Title II. The delegated act shall also specify under which circumstances competent authorities have to impose specific in- and outflow levels on credit institutions in order to capture specific risks to which they are exposed. 2.The Commission shall be empowered to modify the items referred to in paragraph 1 or add additional items only if one of the following conditions is met: (a) a liquidity coverage requirement based on those criteria, considered either individually or cumulatively, would have a material detrimental impact on the business and risk profile of European institutions or on financial markets or the economy; or (b) modification is appropriate to align them with internationally agreed standards for liquidity supervision. For the purposes of point (a), in assessing the impact of a liquidity coverage requirement based on those criteria, the Commission shall take into account the reports referred to in paragraphs 1 and 2 of Article 481. 3. The Commission shall adopt the first delegated act referred to in paragraph 1 at the latest by 31 December 2015. A delegated act adopted in accordance with this Article shall, however, not apply before 1 January 2015.deleted
2012/03/09
Committee: ECON
Amendment 1458 #
Proposal for a regulation
Article 462 – paragraph 1 – point b
(b) the instruments constitute Swere issued within the context of a recapitalisation scheme pursuant to state aid-rules;
2012/03/09
Committee: ECON
Amendment 1484 #
Proposal for a regulation
Article 476
Transitional provisions – Basel I floor 1. Until 31 December 2015, institutions calculating risk-weighted exposure amounts in accordance with Part Three, Title II, Chapter 3 and institutions using the Advanced Measurement Approaches as specified in Part Three, Title III, Chapter 4 for the calculation of their own funds requirements for operational risk shall meet both of the following requirements: (a) They shall hold own funds as required by Part Three Title II Chapter 1; (b) They shall meet a temporary capital ratio of not less 6.4%. The temporary capital ratio is the own funds of the institution expressed as a percentage of the risk-adjusted assets and off-balance sheet items as set out in Annex IV. 2. The competent authorities may, after having consulted EBA, waive the application of paragraph 1(b) to institutions provided that all the requirements for the Internal Ratings Based Approach set out in Part Three, Title II, Chapter 3, Section 6 and the qualifying criteria for the use of the Advanced Measurement Approach set out in Part Three, Title III, Chapter 4 are met.deleted
2012/03/09
Committee: ECON
Amendment 1537 #
Proposal for a regulation
Article 481 – paragraph 2 a (new)
2 a. By 31 December 2013, the Commission shall report and submit a legislative proposal to the European Parliament and Council to introduce the liquidity coverage requirement according to Article 401 by 31 December 2015 at the latest, but not before 1st January 2015. In particular, the Commission shall point out: (i) any changes that may be appropriate to the categories and calibration of the inflows and outflows referred to in Part Six Title II, taking into account the report referred to in the first paragraph and international developments; (ii) the need to limit the coverage of liquidity requirements by liquid assets referred to in points (d) of Article 404, paragraph 1; (iii) uniform definitions of high and extremely high liquidity; (iv) the definition of established operational relationship for corporate clients.
2012/03/09
Committee: ECON