BETA

61 Amendments of Alfredo PALLONE related to 2011/0202(COD)

Amendment 144 #
Proposal for a regulation
Recital 5
(5) Directive [inserted by OP], based on Article 53 (1) TFEU, should contain the provisions concerning the access to the activity of credit institutions and investment firms as defined in this Regulation, the modalities for their governance, and their supervisory framework, such as provisions governing the authorisation of the business, the acquisition of qualifying holdings, the exercise of the freedom of establishment and of the freedom to provide services, the powers of supervisory authorities of home and host Member States in this regard and the provisions governing the initial capital and the supervisory review of credit institutions and investment firms.
2012/03/07
Committee: ECON
Amendment 145 #
Proposal for a regulation
Recital 6
(6) This Regulation should contain the prudential requirements for credit institutions and investment firms that relate strictly to the functioning of banking and financial services markets and are meant to ensure the financial stability of the operators on these markets as well as a high level of protection of investors and depositors. This Regulation should not apply to other types of institution, such as financial institutions that do not take deposits from the public. This directly applicable legal act aims at contributing in a determining manner to the smooth functioning of the internal market and should, consequently, be based on the provisions of Article 114 TFEU, as interpreted in accordance with the consistent case-law of the Court of Justice of the European Union .
2012/03/07
Committee: ECON
Amendment 148 #
Proposal for a regulation
Recital 9
(9) Shaping prudential requirements in the form of a Regulation would ensure that those requirements will be directly applicable to them. This would ensure uniform conditions by preventing diverging national requirements as a result of the transposition of a Directive. This Regulation would entail that all credit institutions and investment firms which it defines as such follow the same rules in all the Union, which would also boost confidence in the stability of credit institutions and investment firms, especially in times of stress. A Regulation would also reduce regulatory complexity and firms' compliance costs, especially for credit institutions and investment firms operating on a cross-border basis, and contribute to eliminating competitive distortions. With regard to the peculiarity of immovable property markets which are characterised by economic developments and jurisdictional differences that are specific to Member States, regions or local areas, competent authorities should be allowed to set higher risks weights or to apply stricter criteria based on default experience and expected market developments to exposures secured by mortgages on immovable property in specific areas.
2012/03/07
Committee: ECON
Amendment 149 #
Proposal for a regulation
Recital 12
(12) This Regulation does not prevent Member States from imposing equivalent requirements on undertakings that do not fall within its scope.deleted
2012/03/07
Committee: ECON
Amendment 166 #
Proposal for a regulation
Recital 27
(27) In line with the decision of the BCBS, as endorsed by the GHOS on 10 January 2011, all Additional Tier 1 and Tier 2 instruments of an systemically important financial institution should be fully and permanently written down or converted fully into Common Equity Tier 1 capital at the point of non-viability of the institution.
2012/03/07
Committee: ECON
Amendment 180 #
Proposal for a regulation
Recital 57 a (new)
(57a) In harmonising the rules governing insurance and reinsurance undertakings, Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) introduced changes intended to ensure the financial stability and fairness of such undertakings in pursuit of the fundamental goal of market stability. Due account should be taken of the presence in the Member States of insurance undertakings with shares listed on a regulated market and subject to supervision by the competent supervisory authorities of the Member States which carry out insurance activities on the basis of a low financial risk business model involving moderate gearing (a ratio of no more than 5:1), a low propensity to take investment risks and a high percentage of profits generated by the core insurance business. Such insurance undertakings therefore have a lower risk profile than similar undertakings operating on the basis of a wide range of business models, some of which have a financial component. In the European Union, insurance undertakings show a low systemic risk, not least as a result of a generally more conservative investment policy, and the post-2008 financial and market crisis, which drove down the profitability of financial institutions, did not have a major impact on insurance undertakings, which remained in profit, with relatively stable margins. That stability has been reflected in, among other things, the performance over recent years of the shares of insurance undertakings listed on regulated markets in the European Union, which, compared with financial institutions and against the background of a general downward trend in the markets, have managed, to a substantial degree, to withstand the structural decline in equity values. Non-controlling holdings in such insurance undertakings, which operate on the basis of a low financial risk business model, may accordingly be considered to be equivalent to holdings in other industrial undertakings and could therefore also be deemed to come under the specific rules on deductions from common equity items laid down for such undertakings by Member State supervisory authorities.
2012/03/07
Committee: ECON
Amendment 195 #
Proposal for a regulation
Recital 74
(74) Credit institutions and investment firms should hold a stock of liquid assets that they can use to cover liquidity needs in a short term liquidity stress. When theyThese requirements should not apply to institutions other than those defined in this Regulation. When credit institutions and investment firms use the stock, they should put in place a plan to restore their holdings of liquid assets and competent authorities should ensure the adequacy of the plan and its implementation.
2012/03/07
Committee: ECON
Amendment 351 #
Proposal for a regulation
Article 22 – paragraph 1 – point 27 – subparagraph 1 a (new)
For the purposes of this Regulation, the undertakings referred to in letters c), d), e), f) and h) above, shall not be qualified as relevant entity, where the following conditions are met: a) the shares of such undertakings are listed in a European regulated market; b) such entities act according to a low financial risk insurance business model; c) the institution does not own more than 20% of the voting rights or capital of that undertaking; d) following assessment by the competent authority, the same authority is satisfied of the level of risk controls and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking.
2012/03/07
Committee: ECON
Amendment 356 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
(a) capital instruments,Shares, as defined under the respective national law in Member States provided the conditions laid down in Article 26 are met;
2012/03/07
Committee: ECON
Amendment 364 #
Proposal for a regulation
Article 24 – paragraph 4
4. EBA shall establish, maintain and publish a list of the forms of capital instrument in each Member State that qualify as Common Equity Tier 1 instruments. EBA shall establish and publish this list by 1 January 2013.deleted
2012/03/07
Committee: ECON
Amendment 369 #
Proposal for a regulation
Article 24 – paragraph 4 a (new)
4 a. Competent authorities shall notify EBA of the forms of shares they deem eligible according to their national law as Common Equity Tier 1instruments. EBA shall evaluate these forms of shares on an on-going basis and develop a draft list of the forms of shares in each Member State that qualify as Common Equity Tier 1 instruments in accordance with paragraph 5. The EBA will establish and publish this list by 1 January 2013. Only the instruments included in this list are eligible to be classified as common equities tier1 for institutions. Upon a Member State's request or on its own initiative, the EBA may decide to request legal opinions in order to ascertain the eligibility of the forms of shares notified by Member States against the conditions defined in Article 26.'
2012/03/07
Committee: ECON
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
(b a) unrealised gains or losses on asset items constituting claims on Zone A central governments measured at fair value. EBA shall develop draft regulatory technical standards to specify the conditions according to which letter ba) shall apply. EBA shall submit those draft regulatory technical standards to the Commission by 1 January 2013. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1093/2010.
2012/03/07
Committee: ECON
Amendment 428 #
Proposal for a regulation
Article 36 – paragraph 1
1. Institutions shall apply a risk weight in accordance with Chapter 2 or 3 of Title II of Part Three, as applicable, to deferred tax assets that do not rely on future profitabilitythe items referred to in points (a) and (b), and a risk weight of 100% to items referred to in point (c).
2012/03/07
Committee: ECON
Amendment 430 #
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
2. Deferred tax assets that do not rely on future profitability compriseshall be limited to the following: :
2012/03/07
Committee: ECON
Amendment 432 #
Proposal for a regulation
Article 36 – paragraph 2 – point c
(c) deferred tax assets arising from temporary differences, which,ere all the following conditions are met: (i) they are automatically and mandatorily replaced without delay with a tax credit in the event that the institution incurreports a loss, becomes insolv when the annual financial statements or enters liquidaf the institution, are replaced, on a mandatory and automatic basis in accordance with the applicable national law, with a claimformally approved, or in the event of liquidation or insolvency proceedings; (ii) an institution shall be able under the applicable national tax law to offset a tax credit referred to in point (i) against any tax liability onf the central government of the Member State in which the institution is incorporated which shall absorb losses to the same degree as Common Equity Tier 1 instruments on a going concern basis and in the event of insolvency or liquidation of the institution. institution or any other undertaking included in the same consolidation as the institution for tax purposes under that law or any other undertaking subject to the supervision on a consolidated basis in accordance with Chapter 2 of Title II of Part One; where the amount of tax credits referred to in point (ii) exceeds the tax liabilities referred to in that point, any such excess is replaced without delay with a direct claim on the central government of the Member State in which the institution is incorporated.
2012/03/07
Committee: ECON
Amendment 441 #
Proposal for a regulation
Article 45 – paragraph - 2 (new)
-2. Without prejudice to paragraph 1 above and subject to the provision of the present Section 3, [Member States may allow institutions not to deduct] institutions shall not deduct holdings in the Common Equity Tier 1 instruments of insurance undertakings, reinsurance undertakings and insurance holding companies in which the institution has an investment, whether significant or not, where the following conditions are met: a) the shares of such undertakings are listed in a European regulated market; b) such entities act according to a low financial risk insurance business model; c) the institution does not own more than 20% of the voting rights or capital of that undertaking; d) following assessment by the competent authority, the same authority is satisfied of the level of risk controls and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking.
2012/03/07
Committee: ECON
Amendment 443 #
Proposal for a regulation
Article 45 – paragraph 2
2. Items that are not deducted pursuant to paragraph 1 and 2 shall be risk weighted at 250 % and subject to the requirements of Title IV of Part Three, as applicable.
2012/03/07
Committee: ECON
Amendment 448 #
Proposal for a regulation
Article 46 – paragraph 1
1. As an alternative to the deduction of holdings of an institution in the Common Equity Tier 1 instruments of insurance undertakings, reinsurance undertakings and insurance holding companies in which the institution has a significant investment, competent authorities may allow institutions to apply methods 1, 2 or 3 of Annex I to Directive 2002/87/EC. The institution shall apply the method chosen in a consistent manner over time. An institution may apply method 1 (accounting consolidation) only if it has received the prior consent of the competent authority. The competent authority may grant such consent only if it is satisfied that the level of integrated management and internal control regarding the entities that would be included in the scope of consolidation under method 1 is adequate.deleted
2012/03/07
Committee: ECON
Amendment 458 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
1 a. Without prejudice to the provisions of the present Section 3, [Member States may allow institutions not to deduct] institutions shall not deduct holdings in the Common Equity Tier 1 instruments of insurance undertakings, reinsurance undertakings and insurance holding companies in which the institution has an investment, whether significant or not, where the following conditions are met: a) the shares of such undertakings are listed in a European regulated market; b) such entities act according to a low financial risk insurance business model; c) the institution does not own more than 20% of the voting rights or capital of that undertaking; d) following assessment by the competent authority, the same authority is satisfied of the level of risk controls and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking.
2012/03/07
Committee: ECON
Amendment 459 #
Proposal for a regulation
Article 46 – paragraph 1 b (new)
1 b. With reference to items that are not deducted pursuant to paragraph 1, as an alternative to the deduction of holdings of an institution in the Common Equity Tier 1 instruments of insurance undertakings, reinsurance undertakings and insurance holding companies in which the institution has a significant investment, competent authorities may allow institutions to apply methods 1, 2 or 3 of Annex I to Directive 2002/87/EC. The institution shall apply the method chosen in a consistent manner over time. An institution may apply method 1 (accounting consolidation) only if it has received the prior consent of the competent authority. The competent authority may grant such consent only if it is satisfied that the level of integrated management and internal control regarding the entities that would be included in the scope of consolidation under method 1 is adequate.
2012/03/07
Committee: ECON
Amendment 469 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – introductory part
(b) where an institution referred to in Article 25 has a holding in another such institution, or in its central or regional credit institution, or in the parent undertaking of its central or regional credit institution, and the following conditions are met:
2012/03/07
Committee: ECON
Amendment 477 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point i
(i) where the holding is in a central or regional credit institution, the institution with that holding is associated with that central or regional credit institution in a network subject to legal or statutory or contractual provisions and the central or regional credit institution is responsible, under those provisions, for cash-clearing operations within that network;
2012/03/07
Committee: ECON
Amendment 478 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point ii
(ii) the institutions referred to in Article 25 and its central or regional credit institution fall within the same institutional protection scheme referred to in Article 108(7);
2012/03/07
Committee: ECON
Amendment 538 #
Proposal for a regulation
Article 79 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of minority interests included in consolidated Common Equity Tier 1 capital should be done without taking into account the individual waiver.
2012/03/08
Committee: ECON
Amendment 551 #
Proposal for a regulation
Article 80 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 instruments included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
2012/03/08
Committee: ECON
Amendment 553 #
Proposal for a regulation
Article 81 – paragraph 1
Institutions shall determine the amount of qualifying Tier 1 capital of a subsidiary that is included in consolidated Additional Tier 1 capital by subtracting from the qualifying Tier 1 capital of that undertaking included in consolidated Tier 1 capital the minority interests of that undertaking that are included in consolidated Common Equity Tier 1 capital. If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver
2012/03/08
Committee: ECON
Amendment 566 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
2012/03/08
Committee: ECON
Amendment 568 #
Proposal for a regulation
Article 83 – paragraph 1
Institutions shall determine the amount of qualifying own funds of a subsidiary that is included in consolidated Tier 2 capital by subtracting from the qualifying own funds of that undertaking that are included in consolidated own funds the qualifying Tier 1 capital of that undertaking that is included in consolidated Tier 1 capital. If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
2012/03/08
Committee: ECON
Amendment 578 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 3 – point a
(a) the risk weighted exposure amounts for credit risk and dilution risk, calculated in accordance with Title II of Part Three, in respect of all the business activities of an institution, excluding: (i) the risk weighted exposure amounts for credit risk for loans to SMEs (as defined in Title II Chapter 3 Section 2 Sub-section 2 Art.148 (4)) for which the risk weighted exposure amounts have to be calculated in accordance with Title II and then multiplied by 76.19% (application of an SMEs Supporting Factor); (ii) risk weighted exposure amounts from the trading book business of the institution;
2012/03/08
Committee: ECON
Amendment 623 #
Proposal for a regulation
Article 114 – paragraph 1
1. Exposures to institutions for which a credit assessment by a nominated ECAI is available shall be risk-weighted in accordance with Article 115. Exposures to institutions for which a credit assessment by a nominated ECAI is not available shall bOne of the two methods described in Article 115 paragraphs 1 and 2, and Article 116 shall apply in determining the risk- weighted in accordance with Article 116s for exposures to institutions.
2012/03/08
Committee: ECON
Amendment 624 #
Proposal for a regulation
Article 114 – paragraph 2
2. Exposures to institutions of a residual maturity of 3 months or less denominated and fundWithout prejudice to the other provisions of Article 116, exposures to financial institutions authorised and supervised inby the national currency shall be assigned a risk weight that is one category less favourable than the preferential risk weight, as described in Articles 109(4) and 109(5), assigncompetent authorities responsible for the authorisation and supervision of credit institutions and subject to prudential requirements equivalent to those applied to credit institutions shall be risk-weighted toas exposures to its central governmentnstitutions.
2012/03/08
Committee: ECON
Amendment 625 #
Proposal for a regulation
Article 114 – paragraph 3
3. No eExposures with a residual maturity of 3 months or less denominated and funded in the national currency of the borrowerto an unrated institution shall not be assigned a risk weight lessower than 20 %that applied to exposures to its central government.
2012/03/08
Committee: ECON
Amendment 626 #
Proposal for a regulation
Article 114 – paragraph 4 – introductory part
4. Exposure to an institution in the form of minimum reserves required by the ECB or by the central bank of a Member State to be held by an institution may be risk- weighted as exposures to the central bank of the Member State in question provided: (a) the reserves are held in accordance with Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves or a subsequent replacement regulation or in accordance with national requirements in all material respects equivalent to that Regulation; (b) in the event of the bankruptcy or insolvency of the institution where the reserves are held, the reserves are fully repaid to the institution in a timely manner and are not made available to meet other liabilities of the institution.deleted
2012/03/08
Committee: ECON
Amendment 627 #
Proposal for a regulation
Article 114 – paragraph 5
5. Exposures to financial institutions authorised and supervised by the competent authorities and subject to prudential requirements equivalent to those applied to institutions shall be treated as exposures to institutions.deleted
2012/03/08
Committee: ECON
Amendment 628 #
Proposal for a regulation
Article 115 – paragraph 3
3. The interaction between the treatment of short term credit assessment under Article 126 and the general preferential treatment for short term exposures set out in paragraph 2 shall be as follows: (a) If there is no short-term exposure assessment, the general preferential treatment for short-term exposures as specified in paragraph 2 shall apply to all exposures to institutions of up to three months residual maturity; (b) If there is a short-term assessment and such an assessment determines the application of a more favourable or identical risk weight than the use of the general preferential treatment for short- term exposures, as specified in paragraph 2, then the short-term assessment shall be used for that specific exposure only. Other short-term exposures shall follow the general preferential treatment for short- term exposures, as specified in paragraph 2; (c) If there is a short-term assessment and such an assessment determines a less favourable risk weight than the use of the general preferential treatment for short- term exposures, as specified in paragraph 2, then the general preferential treatment for short-term exposures shall not be used and all unrated short-term claims shall be assigned the same risk weight as that applied by the specific short-term assessment.deleted
2012/03/08
Committee: ECON
Amendment 632 #
Proposal for a regulation
Article 115 a (new)
Article 115 a Central government risk weight based method 1. Exposures to institutions shall be assigned a risk weight according to the credit quality step to which exposures to the central government of the jurisdiction in which the institution is incorporated are assigned in accordance with Table 3 Table 3 Credit quality step to which central government is assigned 1 2 3 4 5 6 Risk weight of exposure 20% 50% 100% 100% 100% 150% 2. For exposures to institutions incorporated in countries where the central government is unrated, the risk weight shall be not more than 100 %. 3. For exposures to institutions with an original effective maturity of three months or less, the risk weight shall be 20 %.
2012/03/08
Committee: ECON
Amendment 633 #
Proposal for a regulation
Article 116
[...]deleted
2012/03/08
Committee: ECON
Amendment 634 #
Proposal for a regulation
Article 116 a (new)
Article 116 a Credit assessment based method 1. Exposures to institutions with an original effective maturity of more than three months for which a credit assessment by a nominated ECAI is available shall be assigned a risk weight according to Table 4 in accordance with the assignment by the competent authorities of the credit assessments of eligible ECAIs to six steps in a credit quality assessment scale. Table 4 Credit quality step 1 2 3 4 5 6 Risk weight 20% 50% 50% 100% 100% 150% 2. Exposures to unrated institutions shall be assigned a risk weight of 50 %. 3. Exposures to an institution with an original effective maturity of three months or less for which a credit assessment by a nominated ECAI is available shall be assigned a risk weight according to Table 5 in accordance with the assignment by the competent authorities of the credit assessments of eligible ECAIs to six steps in a credit quality assessment scale: Table 5 Credit quality step 1 2 3 4 5 6 Risk weight 20% 20% 20% 50% 50% 150% 4. Exposures to unrated institutions having an original effective maturity of three months or less shall be assigned a 20 % risk weight.
2012/03/08
Committee: ECON
Amendment 635 #
Proposal for a regulation
Article 116 b (new)
Article 116 b Interaction with short-term credit assessments 1. If the method specified in Article 116 is applied to exposures to institutions, then the interaction with specific short-term assessments shall be as follows. 2. If there is no short-term exposure assessment, the general preferential treatment for short-term exposures as specified in Article 116 paragraph 3 shall apply to all exposures to institutions of up to three months residual maturity. 3. If there is a short-term assessment and such an assessment determines the application of a more favourable or identical risk weight than the use of the general preferential treatment for short- term exposures, as specified in Article 116 paragraph 3, then the short-term assessment shall be used for that specific exposure only. Other short-term exposures shall follow the general preferential treatment for short-term exposures, as specified in Article 116 paragraph 3. 4. If there is a short-term assessment and such an assessment determines a less favourable risk weight than the use of the general preferential treatment for short- term exposures, as specified in Article 116 paragraph 3, then the general preferential treatment for short-term exposures shall not be used and all unrated short-term claims shall be assigned the same risk weight as that applied by the specific short-term assessment.
2012/03/08
Committee: ECON
Amendment 636 #
Proposal for a regulation
Article 116 c (new)
Article 116 c Short-term exposures in the national currency of the borrower 1. Exposures to institutions of a residual maturity of 3 months or less denominated and funded in the national currency may, subject to the discretion of the competent authority, be assigned, under both methods described in Article 115 paragraphs 1 and 2, and Article 116, a risk weight that is one category less favourable than the preferential risk weight, assigned to exposures to its central government. 2. No exposures of a residual maturity of 3 months or less denominated and funded in the national currency of the borrower shall be assigned a risk weight less than 20 %.
2012/03/08
Committee: ECON
Amendment 637 #
Proposal for a regulation
Article 116 d (new)
Article 116 d Investments in regulatory capital instruments 1. Investments in equity or regulatory capital instruments issued by institutions shall be risk weighted at 100 %, unless deducted from the own funds.
2012/03/08
Committee: ECON
Amendment 638 #
Proposal for a regulation
Article 116 e (new)
Article 116 e Minimum reserves required by the ECB 1. Where an exposure to an institution is in the form of minimum reserves required by the ECB or by the central bank of a Member State to be held by the credit institution, Member States may permit the assignment of the risk weight that would be assigned to exposures to the central bank of the Member State in question provided: (a) the reserves are held in accordance with Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves or a subsequent replacement regulation or in accordance with national requirements in all material respects equivalent to that Regulation; and (b) in the event of the bankruptcy or insolvency of the institution where the reserves are held, the reserves are fully repaid to the credit institution in a timely manner and are not made available to meet other liabilities of the institution.
2012/03/08
Committee: ECON
Amendment 683 #
Proposal for a regulation
Article 121 – paragraph 1 – point c
(c) exposures related to property leasing transactions concerning offices or other commercial premises under which the institution is the lessor and the tenant has an option to purchase may be assigned a risk weight of 50 % provided that the exposure of the institution is fully and completely secured by its ownership of the property. In Member States in which the competent authorities have deemed this risk weight to be appropriate in accordance with Article 119(2), it will be applied without the limit provided for in paragraph 2(d) below.
2012/03/08
Committee: ECON
Amendment 690 #
Proposal for a regulation
Article 121 – paragraph 3 – point a
(a) losses stemming from lending or leasing collateralised by commercial immovable property up to 50 % of the market value or 60 % of the mortgage lending value (unless otherwise determined under Article 119(2)) do not exceed 0,3 % of the outstanding loans collateralised by commercial immovable property in any given year;
2012/03/08
Committee: ECON
Amendment 693 #
Proposal for a regulation
Article 121 – paragraph 3 – point b
(b) overall losses stemming from loansending or leasing collateralised by commercial immovable property do not exceed 0.,5 % of the outstanding loans collateralised by commercial immovable property in any given year.
2012/03/08
Committee: ECON
Amendment 757 #
Proposal for a regulation
Article 174 – paragraph 1 – subparagraph 1 – point b
(b) the obligor is past due more than 90 days on any material credit obligation to the institution, the parent undertaking or any of its subsidiaries.deleted
2012/03/08
Committee: ECON
Amendment 881 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point k a (new)
(ka) as of 1 January 2015, exposures, including participations or other kinds of holdings, incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation or with equivalent standards in force in a third country; exposures that do not meet these criteria, whether or not exempted from Article 384(1) shall be treated as exposures to a third party;
2012/03/09
Committee: ECON
Amendment 883 #
Proposal for a regulation
Article 389 – paragraph 2 – point c
(c) Until 31 December 2014 exposures, including participations or other kinds of holdings, incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation or with equivalent standards in force in a third country; exposures that do not meet these criteria, whether or not exempted from Article 384(1) shall be treated as exposures to a third party;
2012/03/09
Committee: ECON
Amendment 1141 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 3
Clearing, custody or cash management services referred to in point (a) only covers such services to the extent that they are rendered in the context of an established relationship on which the depositor has substantial dependency. They shall not merely consist in correspondent banking or prime brokerage services and the institution shall have objective evidence that the client is unable to withdraw those amounts over a 30 day horizon without compromising its operational functioning.
2012/03/09
Committee: ECON
Amendment 1144 #
Proposal for a regulation
Article 410 – paragraph 4 a (new)
4a. Institutions shall multiply liabilities resulting from deposits that have to be maintained by the depositor in the context of an established operational relationship other than that mentioned under point (4): by 5% 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 and by 50% otherwise. When conducting the assessment referred to in Article 409(5), EBA shall also assess the calibration of corporate deposits. Pending a uniform definition of 'established relationship', institutions shall establish the criteria for qualifying as an 'established relationship'. Institutions shall follow any general guidance laid down by competent authorities for identifying deposits with established relationships.
2012/03/09
Committee: ECON
Amendment 1151 #
Proposal for a regulation
Article 410 – paragraph 5
5. Institutions shall multiply liabilities resulting from deposits by clients that are not financial customers by a rate between 50% and 75% to the extent they do not fall under paragraph 4. When conducting the assessment referred to in Article 409(5), EBA shall also assess the calibration of corporate deposits.
2012/03/09
Committee: ECON
Amendment 1155 #
Proposal for a regulation
Article 410 – paragraph 7 – subparagraph 1 a (new)
All notes, bonds and other debt securities issued by the bank are included in this category regardless of the holder, unless the bond is sold exclusively in the retail market and held in retail accounts, in which case instruments that become due within 30 days can be treated in the appropriate retail deposit category.
2012/03/09
Committee: ECON
Amendment 1159 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point a
(a) the depositor is one of the following: (i) a parent or subsidiary institution of the institution or another subsidiary of the same parent institution or linked to the institution by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; or (ii) an institution falling within the same institutional protection scheme meeting the requirements of Article 108(7);
2012/03/09
Committee: ECON
Amendment 1167 #
Proposal for a regulation
Article 410 – paragraph 8 a (new)
8a. Deposits received as collateral shall not be considered liabilities for the purposes of the preceding Point 7 but will be subject to the provision of Article 411 where applicable.
2012/03/09
Committee: ECON
Amendment 1227 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point b
(b) the provider iscounterpart is one of the following: i) a parent or subsidiary institution of the institution or another subsidiary of the same parent institution or linked to the institution by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; ii) an institution falling within the same institutional protection scheme meeting the requirements of Article 108(7); and
2012/03/09
Committee: ECON
Amendment 1479 #
Proposal for a regulation
Article 473 – paragraph 1 – introductory part
1. Until 31 December 2014, tThe 10 % limit for senior units issued by French Fonds Communs de Créances or by equivalent securitisation entities laid down in points (d) and (e) of Article 124(1) shall not apply, provided that:
2012/03/09
Committee: ECON
Amendment 1481 #
Proposal for a regulation
Article 473 – paragraph 2
2. By 1 January 2013, the Commission shall review the appropriateness of the derogation set out in paragraph 1 and, if relevant, the appropriateness of extending similar treatment to any other form of covered bond. In the light of that review, the Commission may, if appropriate, adopt delegated acts in accordance with Article 445 to make that derogation permanent or make legislative proposals to extend it to other forms of covered bonds.deleted
2012/03/09
Committee: ECON
Amendment 1498 #
Proposal for a regulation
Article 477 a (new)
Article 477a By 31 December 2014 the Commission shall review and report on the application of Article 30 (c) and shall submit this report to the European Parliament and the Council and, if appropriate, a legislative proposal. With respect to the potential elimination of the Article 30 (c) and its potential application at the Union level, the review shall in particular ensure that sufficient safeguards are in place to ensure financial stability in all Member states.
2012/03/09
Committee: ECON
Amendment 1598 #
Proposal for a regulation
Article 485 – title
Retail exposureExposures to small and medium sized enterprises and natural persons
2012/03/09
Committee: ECON
Amendment 1604 #
Proposal for a regulation
Article 485 – paragraph 2 – introductory part
For these purposes, EBA shall report the following to the Commission: - with regard to Article 118:
2012/03/09
Committee: ECON
Amendment 1606 #
Proposal for a regulation
Article 485 – paragraph 2 – indent 1 a (new)
- with regard to Article 87: an analysis of the SMEs Supporting Factor's appropriateness in achieving the goal of supporting economic recovery and growth in Europe without being detrimental for the banking industry's stability.
2012/03/09
Committee: ECON