15 Amendments of Burkhard BALZ related to 2016/0360A(COD)
Amendment 193 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Basel Committee is currently considering the introduction of a leverage ratio surcharge for globally systemically important banks (G-SIBs). The final outcome of the Basel Committee's calibration work should give rise to a discussion on the appropriate calibration of the leverage ratio for systemically important EU institutions. With a view to regulatory consistency and minimizing the frequency of adapting regulatory requirements, any pre-emptive introduction of a leverage ratio surcharge for G-SIBs should be avoided. Pre- emptive measures would create an undue burden for financial institutions that would negatively impact their ability to support the real economy.
Amendment 203 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
Amendment 213 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) With regard to potentially changing the regulatory approach for green assets it should be noted that the European Commission is committed to publish legislative proposals under ordinary legislative procedure in 2018 with the aim to efficiently integrate sustainability considerations into European financial market regulation where appropriate and practicable. In order to avoid an overlap in the regulation and thus to avoid overburdening financial institutions, any pre-emptive legislative action should be avoided before the publication of and work on these Commission proposals.
Amendment 217 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) As recommended by EBA, ESMA and ECB, financial markets infrastructure in the form of Central Counterparties and Central Securities Depositories should be exempted from the Leverage Ratio, the Minimum Requirement for Own Funds and the Net Stable Funding Ratio due to their distinct business model. These institutions are required to obtain a banking licence simply for the reason of being granted access to overnight central bank facilities and to fulfil their roles as key vehicles for the achievement of important political and regulatory objectives in the financial sector. The Commission should in this regard ensure compliance with the EBA, ESMA and ECB recommendations by granting the relevant exemptions.
Amendment 224 #
Proposal for a regulation
Recital 65
Recital 65
(65) The EBA should report on where proportionality of the Union supervisory reporting package could be improved in terms of scope, granularity or frequency. and, at least, submit concrete recommendations as to how the average compliance costs for small institutions can be reduced by more than 10% by means of appropriate simplification of requirements.
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EU) No 575/2013
Article 28 – paragraph 3 – subparagraph 1 a (new)
Article 28 – paragraph 3 – subparagraph 1 a (new)
(12a) In Article 28, the following subparagraph is added in paragraph 3: "The condition laid down in point (h)(v) of paragraph 1 shall be deemed to be met notwithstanding the institution is subject to an obligation to make payments to some or all holders of the instruments, provided the institution has the option to avoid a disproportionate drag on own funds by strengthening its Common Equity Tier 1, in particular via the allocation of profits to the funds for general banking risk or to the retained earnings, before making any payments to their holders."
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72a – paragraph 2 – point l a (new)
Article 72a – paragraph 2 – point l a (new)
(la) liabilities which are preferred to senior unsecured creditors under the relevant national insolvency law;
Amendment 390 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 3 – introductory part
Article 72b – paragraph 3 – introductory part
In addition to the liabilities referred to in paragraph 2, the resolution authority may permit liabilities shallto qualify as eligible liabilities instruments up to an aggregate amount that does not exceed 3.5% of the total risk exposure amount calculated in accordance with paragraphs 3 and 4 of Article 92, provided that:
Amendment 393 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 3 – subparagraph 1 – point c
Article 72b – paragraph 3 – subparagraph 1 – point c
(c) the incresolustion of these liabilities in eligible liabilities items does not have a material adverse impact on the resolvability of the institution, as confirmed by the resolution authority after having assessed the elements referred to in points (b) and (c) of Article 45b(3) of Directive 2014/59/EUauthority ensures that the capacity to exclude or partially exclude liabilities from bail-in would not give rise to material risk of successful legal challenge or valid compensation claims.
Amendment 515 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 94 – paragraph 1 – point a
Article 94 – paragraph 1 – point a
(a) 510 % of the institution's total assets;
Amendment 516 #
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 94 – paragraph 1 – point b
Article 94 – paragraph 1 – point b
(b) EUR 5100 million.
Amendment 541 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EU) No 575/2013
Article 104 – paragraph 2 – subparagraph 2 a (new)
Article 104 – paragraph 2 – subparagraph 2 a (new)
For instruments covered under point c, the competent authorities may allow, by derogation from paragraph 1, to place these instruments in the banking book.
Amendment 600 #
Proposal for a regulation
Article 1 – paragraph 1 – point 82 a (new)
Article 1 – paragraph 1 – point 82 a (new)
Regulation (EU) No 575/2013
Article 316 – paragraph 1 – table 1
Article 316 – paragraph 1 – table 1
(82a) Table 1 in paragraph 1 of Article 316 is amended as follows: "Table 1 1 Interest receivable and similar income (including lease income) 2 Interest payable and similar charges (including lease expense) 3 Income from shares and other variable/fixed-yield securities 4 Commissions/fees receivable 5 Commissions/fees payable 6 Net profit or net loss on financial operations 7 Other operating income" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=DE)Or. en
Amendment 694 #
Proposal for a regulation
Article 1 – paragraph 1 – point 95 – point a
Article 1 – paragraph 1 – point 95 – point a
Regulation (EU) No 575/2013
Article 395 – paragraph 1 – subparagraph 4 a (new)
Article 395 – paragraph 1 – subparagraph 4 a (new)
By way of derogation from the first subparagraph, an institution shall not incur aggregate exposure to sovereign bonds issued by any single Member State the value of which, after taking into account the effect of the credit risk mitigation in accordance with Articles 399 to 403, exceeds [X]%1a of its Tier 1 capital, reaching the amount of [X]% after a period of [X]1b years. __________________ 1a X is to be a percentage that is to be deemed appropriate after consultation of both ESRB and SSM. 1b X is to be a number of years that is to be deemed appropriate after consultation of both ESRB and SSM.
Amendment 1009 #
Proposal for a regulation
Article 1 – paragraph 1 – point 122 a (new)
Article 1 – paragraph 1 – point 122 a (new)
Regulation (EU) No 575/2013
Article 494 b (new)
Article 494 b (new)
(122a) The following Article 494b is inserted after Article 494a: "Article 494b By way of derogation from Article 72a (1) (a) liabilities issued prior to [the date of entry into force] shall qualify as eligible liabilities items where they satisfy the conditions laid down in Article 72b, except for the conditions referred to in points (f) to (n) of Article 72b (2)."