32 Amendments of Burkhard BALZ related to 2011/0202(COD)
Amendment 251 #
Proposal for a regulation
Article 4 – paragraph 1 – point 23 – introductory part
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:
Amendment 252 #
Proposal for a regulation
Article 4 – paragraph 1 – point 23 – point c
Article 4 – paragraph 1 – point 23 – point c
(c) Tier 2 capital that is equal to or less than 25 % of own funds;
Amendment 280 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
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.
Amendment 371 #
Proposal for a regulation
Article 25 – title
Article 25 – title
Capital instruments of mutuals, cooperative societies, savings banks or similar institutions in Common Equity Tier 1 items
Amendment 436 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
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;
Amendment 473 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point i
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);
Amendment 484 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point v
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);
Amendment 507 #
Proposal for a regulation
Article 59 – paragraph 1 – point d a (new)
Article 59 – paragraph 1 – point d a (new)
(da) value adjustments referred to in article 37 para 2 of directive 86/635/EU;
Amendment 508 #
Proposal for a regulation
Article 59 – paragraph 1 – point d b (new)
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.
Amendment 616 #
Proposal for a regulation
Article 111 – paragraph 4
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.
Amendment 631 #
Proposal for a regulation
Article 115 a (new)
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.
Amendment 785 #
Proposal for a regulation
Article 197 – paragraph 1 – point f
Article 197 – paragraph 1 – point f
(f) institutions and mutual guarantee schemes / credit guarantee institutions;
Amendment 787 #
Proposal for a regulation
Article 197 – paragraph 2 – subparagraph 3 a (new)
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.
Amendment 807 #
Proposal for a regulation
Article 296 – paragraph 5 – introductory part
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:
Amendment 808 #
Proposal for a regulation
Article 296 – paragraph 5 – point b
Article 296 – paragraph 5 – point b
Amendment 839 #
Proposal for a regulation
Article 372 – paragraph 3
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.
Amendment 879 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point j a (new)
Article 389 – paragraph 1 – subparagraph 1 – point j a (new)
(ja) assets constituting claims and other exposures to recognised exchanges.
Amendment 886 #
Proposal for a regulation
Article 389 – paragraph 2 – point k
Article 389 – paragraph 2 – point k
Amendment 983 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 2
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.
Amendment 993 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – introductory part
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:
Amendment 994 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point i
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;
Amendment 997 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point ii
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;
Amendment 1003 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii
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;
Amendment 1113 #
Proposal for a regulation
Article 409 – paragraph 1 – introductory part
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
Amendment 1137 #
Proposal for a regulation
Article 410 – paragraph 4 – second subparagraph
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.
Amendment 1291 #
Proposal for a regulation
Article 416 – paragraph 10 – subparagraph 1 a (new)
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.
Amendment 1297 #
Proposal for a regulation
Article 417 a (new)
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.
Amendment 1326 #
Proposal for a regulation
Article 436 – paragraph -1 (new)
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.
Amendment 1384 #
Proposal for a regulation
Article 444
Article 444
Amendment 1458 #
Proposal for a regulation
Article 462 – paragraph 1 – point b
Article 462 – paragraph 1 – point b
(b) the instruments constitute Swere issued within the context of a recapitalisation scheme pursuant to state aid-rules;
Amendment 1484 #
Proposal for a regulation
Article 476
Article 476
Amendment 1537 #
Proposal for a regulation
Article 481 – paragraph 2 a (new)
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.