Activities of Sylvie GOULARD related to 2011/0203(COD)
Plenary speeches (1)
Credit institutions and prudential supervision - Prudential requirements for credit institutions and investment firms (debate)
Amendments (14)
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) The general prudential requirements laid down in Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] are supplemented by individual arrangements to be decided by the competent authorities as a result of their ongoing supervisory review of each individual credit institution and investment firm. The range of such supervisory arrangements should be set out in this Directive and the competent authorities should be able to exert their judgment as to which arrangements should be imposed. With regard to such individual arrangements concerning liquidity, competent authorities should take into account the principles set out in the guidelines on liquidity published by the Committee of European Banking Supervisors18 .
Amendment 81 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. EBA shall develop draft regulatory technical standards to further define the criteria for including an institution on the list in paragraph 3 and for the types of cases that can be covered by national legislation as referred to in Article 3(2). Power is delegated to the Commission to adopt the draft regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 105 #
Proposal for a directive
Article 8
Article 8
The competent authorities in one Member State shall, in the exercise of their general duties, duly consider the potential impact of their decisions on the stability of the financial system in all other Member States concerned and, in particular, in emergency situations, based on the information available at the relevant time taking into account the need to improve the functioning of the internal market and to enhance the integration of European financial markets.
Amendment 153 #
Proposal for a directive
Article 64 – point j a (new)
Article 64 – point j a (new)
(ja) to remove one or more members of the management body, where they do not fulfil the requirements imposed under Article 87.
Amendment 158 #
Proposal for a directive
Article 67 – paragraph 1 – point m a (new)
Article 67 – paragraph 1 – point m a (new)
(ma) an institution has been found liable for a serious infringement of the national provisions adopted pursuant to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 163 #
Proposal for a directive
Article 67 – paragraph 2 – point g a (new)
Article 67 – paragraph 2 – point g a (new)
(ga) an institution has been found liable for a serious infringement of the national provisions adopted pursuant to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
Amendment 168 #
Proposal for a directive
Article 68 a (new)
Article 68 a (new)
Article 68 a Information sharing for sanctions Where a competent authority of a Member State applies an administrative sanction under Article 66(2) and 67(2) to a legal person it shall notify EBA of that sanction and the circumstances under which it was applied. EBA shall monitor and maintain a list of legal persons to whom a sanction has been applied, for the duration that sanction is applicable. When a competent authority assesses the good repute of persons referred to under Articles 13(1), 87 (1) and 115, they shall check for relevant information relating to sanctions with EBA. EBA shall inform them if those persons are currently recorded on their list. EBA shall cooperate in any development of international lists.
Amendment 194 #
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
3. Competent authorities shall ensure that institutions establish a risk committee composed of members of the management body who do not perform any executive function in the institution concerned. Members of the risk committee shall have appropriate knowledge, skills and expertise to fully understand and monitor the risk strategy and the risk appetite of the institution. The risk committee may also deal with other related issues.
Amendment 245 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point c
Article 86 – paragraph 1 – subparagraph 2 – point c
(c) the chairman of the management body in its supervisory function of an institution shall not exercise simultaneously the functions of a chief executive officer within the same institution,: (i) unless the chief executive officer is the only executive officer to belong to the management body in its supervisory function, and a non executive director of the management body in its supervisory function is in charge of corporate governance; (ii) unless justified and authorised by competent authorities.
Amendment 341 #
Proposal for a directive
Article 88 – paragraph 2 – point f a (new)
Article 88 – paragraph 2 – point f a (new)
(fa) no member of the management body shall be involved in deciding his or her own remuneration package.
Amendment 450 #
Proposal for a directive
Article 122 a (new)
Article 122 a (new)
Article 122a As a tool to prevent excessive deleveraging and encourage lending to the real economy during periods of economic downturn for macro-prudential benefit, EBA should define criteria enabling Member States to impose ring- fencing to establish minimum capital requirements applicable to portfolios of SME loans, trade finance or other specific lending activities of critical significance to economic growth.
Amendment 545 #
Proposal for a directive
Article 150 – paragraph 4 a (new)
Article 150 – paragraph 4 a (new)
4a. By 31 December 2014, EBA shall review and report on the application of the provisions in this Directive and Regulation (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms], on the cooperation of the Union and Member States with third countries. That review shall identify any lacunae and assess the areas which require further development as regards cooperation, information sharing and reciprocity arrangements, including enforcement of supervisory rules in third countries. EBA shall also assess the need to further develop cooperation agreements between Member States and EBA on the one hand and international financial institutions or bodies such as the IMF or the Financial Stability Board on the other hand. The Commission shall examine the assessment contained in the EBA report to determine whether legislative proposals are necessary.
Amendment 547 #
Proposal for a directive
Article 150 – paragraph 4 b (new)
Article 150 – paragraph 4 b (new)
4b. Upon receiving a mandate from the Commission, EBA shall explore whether financial sector entities which declare that they carry out their activities in accordance with Islamic banking principles are adequately covered by the provisions of this Directive and Regulation (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms]. The Commission shall review the report prepared by EBA and if appropriate submit a legislative proposal to the European Parliament and the Council.
Amendment 548 #
Proposal for a directive
Article 150 a (new)
Article 150 a (new)
Article 150a Safeguard clause EBA shall regularly assess the implementation by third country jurisdictions of the commitments undertaken in the context of the Basel Committee. The European Parliament and the Council shall be informed of the results of the assessment. On the basis of this assessment, the Commission and EBA may, upon a motivated request from a Member State, a competent authority, the European Parliament, the Council or on its own initiative, take appropriate measures in order to adjust to the level of global competition. This can include the suspension of the requirements of this Directive. In response to progress made by the third country jurisdictions concerned in fulfilling their commitments, the Commission may adapt the measures as appropriate. The Commission will inform the Council and the European Parliament in good time before revoking safeguard measures, and it will duly take into account any observations of the Council and the European Parliament in this respect.