13 Amendments of Sylvie GOULARD related to 2015/0225(COD)
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 242 – paragraph 1 - point 20 (new)
Article 242 – paragraph 1 - point 20 (new)
(20) "Balance sheet securitisation" means balance sheet securitisation as defined in point 18a of Article 2 of Regulation (EU) .../... [Securitisation Regulation]
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 paragraph 1 point aa (new)
Article 243 paragraph 1 point aa (new)
(aa) By derogation from point a, where the institution has been granted permission to use the Internal Assessment Approach in accordance with Article 265, the risk- weight that institution would assign to a liquidity facility that completely covers the ABCP issued under the programme is equal to or smaller than 100 %;
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 1
Article 243 – paragraph 1 – point b – subparagraph 1
(b) the aggregate exposure value of all exposures to a single obligor at ABCP programme level does not exceed 1% of the aggregate exposure value of all exposures within the ABCP programme at the time the exposures were added to the ABCP programme. For the purposes of this calculation, loans or leases to a group of connected clients as referred to in Article 4(1) point (39), to the best knowledge of the sponsor, shall be considered as exposures to a single obligor.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2
Article 243 – paragraph 1 – point b – subparagraph 2
In the case of trade receivables, point (b)the first subparagraph shall not apply where the credit risk of those trade receivables is fully covered by eligible credit protection in accordance with Chapter 4, provided that in that case the protection provider is an institution, an insurance undertaking or a reinsurance undertaking. For the purposes of this subparagraph, only the portion of the trade receivables remaining after taking into account the effect of any purchase price discount and overcollateralisation shall be used to determine whether they are fully covered and whether the concentration limit is met.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2 a (new)
Article 243 – paragraph 1 – point b – subparagraph 2 a (new)
The same shall apply to securitised residual leasing values that are not exposed to refinancing or resell risk due to an effective undertaking by a third party to repurchase or refinance the exposure at a certain amount.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point b
Article 243 – paragraph 2 – point b
(b) at the time of inclusion in the securitisation, the aggregate exposure value of all exposures to a single obligor in the pool does not exceed 12 % of the exposure values of the aggregate outstanding exposure values of the pool of underlying exposures. For the purposes of this calculation, loans or leases to a group of connected clients, as referred to in point (39) of Article 4(1), shall be considered as exposures to a single obligor;
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point c
Article 243 – paragraph 2 – point c
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – introductory part
Article 244 – paragraph 2 – subparagraph 3 – introductory part
For the purposes of this paragraph 2, a position in amezzanine securitisation shall be considered a mezzanine securitisation position where it meetsposition means any position in the securitisation which meets all of the following requirements:
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point a
Article 244 – paragraph 2 – subparagraph 3 – point a
(a) it is subject to a risk weight lower than 1,250 % in accordance with this Section or, in the absence of a position with that risk weight, it is more senior than the first loss tranchesubsection 3 of section 3; and
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point b
Article 244 – paragraph 2 – subparagraph 3 – point b
(b) it is subordinated tomore junior than the senior securitisation position.
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 254 – paragraph 3
Article 254 – paragraph 3
(3) By derogation from paragraph 2, point (b), institutions may use the SEC-SA instead of the SEC-ERBA in relation to all the posfor securitisation positions that fulfil all of the following conditions: (a) they hold in a securitisation whereare STS securitisation positions; (b) the securitisation position is neither the first loss tranche nor a mezzanine securitisation position as defined in Article 244(2), provided that, for those purposes, the requirement for a risk weight of 25 % or lower shall be calculated in accordance with the SEC- SA; (c) the risk-weighted exposure amounts resulting from the application of the SEC- ERBA in relation to that position is not commensurate to the credit risk embedded in the exposures underlying the securitisation. For the purpose of this point, "not commensurate" shall mean that the application of the SEC-ERBA leads to risk-weighted exposure amounts in excess of 25 % relative to SEC-SA. Where the institution has decided to apply the SEC-SA in accordance with this paragraph, it shall promptly notify the competent authority. Where an institution has applied the SEC- SA in accordance with this paragraph without undue delay. Upon receipt of the notification, the competent authority maycan require the institution to apply a different methodthe SEC-ERBA, in which case it shall notify its decision to the institution within three months of receipt of the notification.
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 2
Article 257 – paragraph 2
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 4
Article 257 – paragraph 4
(4) Where an institution may become exposed to potential losses from the underlying exposures by virtue of contract, the institution shall determine the maturity of the securitisation position by taking into account the longestweighted–average maturity of such underlying exposures. FoThe same shall apply for securitisations of revolving exposures with an early amortisation trigger according to Article 12(6) of Regulation (EU) .../... (STS Regulation). For other revolving exposures, the longest contractually possible remaining maturity of the exposure that might be added during the revolving period shall apply.