50 Amendments of Ramon TREMOSA i BALCELLS related to 2011/0202(COD)
Amendment 172 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Whilst recognising commercial confidentiality has a role in a competitive market it should not be put above financial stability or adequacy of information for investors.
Amendment 182 #
Proposal for a regulation
Recital 67
Recital 67
(67) In December 2010, the BCBS published guidelines defining the methodology for calculating the leverage ratio. These rules foresee an observation period that will run from 1 January 2013 until 1 January 2017 during which the leverage ratio, its components and its behaviour relative to the risk-based requirement will be monitored. Based on the results of the observation period the BCBS intends to make any final adjustments to the definition and calibration of the leverage ratio in the first half of 2017, with a view to migrating to a binding requirement on 1 January 2018 based on appropriate review and calibration. The BCBS guidelines also foresee the disclosure of the leverage ratio and its components starting from 1 January 2015. In order to prepare for migration from 1st January 2015 there should be progressive moves towards disclosure of the leverage ratio, including its components, and any specificities or measures under review.
Amendment 211 #
Proposal for a regulation
Recital 87
Recital 87
(87) The Commission should also be empowered to adopt, by means of an urgency procedure, a temporary increase in the level of own funds,delegated acts, and in response to recommendations by the ESRB, modifications to risk weightings or anyother prudential requirements that is necessarymeasures in order to respond to market developments. Such provisions should be applicable for a period not exceeding 6 months, unless the European Parliament or the Council has objected to the delegated act within a period of six weeks. The Commission should state the reasons for the use of the urgency procedure creating macro- prudential risks. The EBA, working in conjunction with the ESRB, should also issue guidelines for macro-prudential intervention by supervisors at individual Member State level, review all such measures and when appropriate advise the Commission if the measures taken are unjustified. The Commission may demand that unjustified measures be revoked.
Amendment 420 #
Proposal for a regulation
Article 33 – paragraph 1 – point i
Article 33 – paragraph 1 – point i
(i) the applicable amount ofmount required to meet the sum of the requirements laid down in point (c) of Article 87 (1) and the combined buffer referred to in Article 122 (2) of Directive xxx in proportion to the direct and indirect holdings by the institution of the Common Equity Tier 1 instruments of relevant entities where the institution has a significant investment in those entities;
Amendment 421 #
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 3
Article 33 – paragraph 2 – subparagraph 3
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. Institutions shall apply these standards no earlier than nine months after their publication.
Amendment 516 #
Proposal for a regulation
Article 76 – paragraph 1 – point c a (new)
Article 76 – paragraph 1 – point c a (new)
Amendment 519 #
Proposal for a regulation
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
Institutions shall determine the amount of minority interests of a subsidiary that is included in consolidated Common Equity Tier 1 capital by subtracting from the minority interests of that undertaking the result of multiplying the amount referred to in point (a) by the percentage referred to in point (b):
Amendment 520 #
Proposal for a regulation
Article 79 – paragraph 1 – point a – introductory part
Article 79 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:
Amendment 522 #
Proposal for a regulation
Article 79 – paragraph 1 – point a – point i
Article 79 – paragraph 1 – point a – point i
Amendment 528 #
Proposal for a regulation
Article 79 – paragraph 1 – point a – point ii
Article 79 – paragraph 1 – point a – point ii
Amendment 613 #
Proposal for a regulation
Article 109 – paragraph 4
Article 109 – paragraph 4
4. Exposures to Member States' central governments, regional governments with powers to raise and collect taxes and central banks denominated and funded in the domestic currency of that central government and central bank shall be assigned a risk weight of 0 %.
Amendment 614 #
Proposal for a regulation
Article 109 – paragraph 4 a (new)
Article 109 – paragraph 4 a (new)
4 a. Institutions shall not hold disproportionate amounts of sovereign debt of any specific country, having due regard to all circumstances. The EBA shall monitor and set guidelines on appropriate levels of exposure.
Amendment 647 #
Proposal for a regulation
Article 118 – paragraph 1 – introductory part
Article 118 – paragraph 1 – introductory part
1. Exposures that comply with the following criteria shall be assigned a risk weight of 75 %:
Amendment 648 #
Proposal for a regulation
Article 118 – paragraph 1 – point a
Article 118 – paragraph 1 – point a
(a) the exposure shall be either to an natural person or persons, or to a small or medium sized enterprise;
Amendment 649 #
Proposal for a regulation
Article 118 – paragraph 1 – point c
Article 118 – paragraph 1 – point c
Amendment 659 #
Proposal for a regulation
Article 118 – paragraph 1 a (new)
Article 118 – paragraph 1 a (new)
1 a. Exposures that comply with the following criteria shall be assigned a risk weight of 75 % according to Table 1: (a) the exposure shall be either to an natural person or persons, or to a small or medium sized enterprise; (b) the exposure shall be one of a significant number of exposures with similar characteristics such that the risks associated with such lending are substantially reduced; (c) the total amount owed to the institution and parent undertakings and its subsidiaries, including any exposure in default, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential property collateral, shall not, to the knowledge of the institution, exceed EUR 5 million. The institution shall take reasonable steps to acquire this knowledge. Table 1 Total risk incurred with the company Risk weight Equal or less than EUR 1 million 50% Equal or less than EUR 3 million 60% Equal or less than EUR 5 million 75% For the purpose of the paragraph 2 (a) a small or medium sized enterprise shall be an enterprise that fulfils the criteria laid down in the Recommendation 2003/361/EC adopted by the European Commission on 6 May 2003 concerning the definition of micro, small and medium-sized enterprise.
Amendment 730 #
Proposal for a regulation
Article 142 – paragraph 5 – subparagraph 1 – point a – point ii
Article 142 – paragraph 5 – subparagraph 1 – point a – point ii
(ii) to a small or medium sized enterprise, provided in the latter case that the total amount owed to the institution and parent undertakings and its subsidiaries, including any past due exposure, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential property collateral, shall not, to the knowledge of the institution, which shall have taken reasonable steps to confirm the situation, exceed EUR 15 million;
Amendment 734 #
Proposal for a regulation
Article 142 – paragraph 5 – subparagraph 2 a (new)
Article 142 – paragraph 5 – subparagraph 2 a (new)
For the purpose of the paragraph (a) (ii) a small or medium sized enterprise shall be an enterprise that fulfils the criteria laid down in the Recommendation 2003/361/EC adopted by the European Commission on 6 May 2003 concerning the definition of micro, small and medium-sized enterprise.
Amendment 739 #
Proposal for a regulation
Article 148 – title
Article 148 – title
Risk weighted exposure amounts for exposures to corporates, institutions and centr, central governments, regional governments and central banks.
Amendment 740 #
Proposal for a regulation
Article 148 – paragraph 1
Article 148 – paragraph 1
1. Subject to the application of the specific treatments laid down in paragraphs 2, 3 and 4, the risk weighted exposure amounts for exposures to corporates, institutions and centr, central governments, regional governments and central banks shall be calculated according to the following formulae:
Amendment 758 #
Proposal for a regulation
Article 174 – paragraph 1 – subparagraph 1 – point b
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. In the case of retail exposures fully and completely secured by Mortgages on Residential Property, and for exposures to SME commercial mortgages the competent authority shall set a number of days past due of between 90 days and 180 days for 50% of the exposures if local conditions make it appropriate.
Amendment 770 #
Proposal for a regulation
Article 187 a (new)
Article 187 a (new)
Article 187 a Benchmarking Institutions shall be required to run a benchmark portfolio through their models and produce and disclose on a quarterly basis the loan/loss reserve level, value of risk, stress-test results and risk weighted asset value. The EBA shall establish the benchmark portfolio by June 2013 and publish details on its website. The EBA may update the portfolio in the light of developments in assets and models and comparison with international benchmarking.
Amendment 869 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point a
Article 389 – paragraph 1 – subparagraph 1 – point a
(a) asset items constituting claims on central governments, regional governments or central banks which, unsecured, would be assigned a 0 % risk weight under Part Three, Title II, Chapter 2;
Amendment 874 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point c
Article 389 – paragraph 1 – subparagraph 1 – point c
(c) asset items constituting claims carrying the explicit guarantees of central governments, regional governments with powers to raise and collect taxes, central banks, international organisations, multilateral development banks or public sector entities, where unsecured claims on the entity providing the guarantee would be assigned a 0 % risk weight under Part Three, Title II, Chapter 2;
Amendment 919 #
Proposal for a regulation
Article 400 – paragraph 1 – point 2
Article 400 – paragraph 1 – point 2
(2) ‘'Retail deposit’' means a liability to a natural person or to a small and medium sized enterprise where the aggregate liability to such clients or group of connected clients is less than 1 million EUR. EBA shall develop technical guidelines to define the group of small and medium sized enterprises. The competent authorities shall be able to adapt the cut off points defined to national realities.
Amendment 950 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point b
Article 404 – paragraph 1 – subparagraph 1 – point b
(b) transferable assets, including covered bonds, that are of extremely high liquidity and credit quality;
Amendment 959 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point c
Article 404 – paragraph 1 – subparagraph 1 – point c
(c) transferable assets representing claims on or guaranteed by the central government of a Member State, a region with fiscal autonomy to raise and collect taxes, or a third country if the institution incurs a liquidity risk in that Member State or third country that it covers by holding those liquid assets;
Amendment 974 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(a) Credit facilities granted by central banks within the scope of monetary policy.
Amendment 977 #
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
Article 404 – paragraph 1 – subparagraph 1 – point d b (new)
(db) Equity securities listed on a recognized exchange.
Amendment 1008 #
Proposal for a regulation
Article 404 – paragraph 2 – point a – point iii a (new)
Article 404 – paragraph 2 – point a – point iii a (new)
(iii a) they are bonds guaranteed by a Member State's central government under a general program of guarantees, or under a regional government with powers to raise and collect taxes;
Amendment 1075 #
Proposal for a regulation
Article 405 – paragraph 1 – point a
Article 405 – paragraph 1 – point a
(a) they are appropriately diversified;can easily and immediately be converted to cash
Amendment 1106 #
Proposal for a regulation
Article 408 – paragraph 1 a (new)
Article 408 – paragraph 1 a (new)
1a. Well-capitalized institutions with limited systemic importance shall be allowed to apply a discount factor on the liquidity outflows referred to in paragraph (1).
Amendment 1111 #
Proposal for a regulation
Article 408 – paragraph 3 – subparagraph 1
Article 408 – paragraph 3 – subparagraph 1
EBA shall develop draft regulatory technical standards specifying the calculation of the discount factor referred to in paragraph 2, the treatment of products and services referred to in paragraph 23, identifying products or services that shall be covered for these purposes and the appropriate methods to determine the outflows to be assigned.
Amendment 1117 #
Proposal for a regulation
Article 409 – paragraph 5 – point b a (new)
Article 409 – paragraph 5 – point b a (new)
(ba) Categories for which institutions can demonstrate the stability, based on internal models.
Amendment 1143 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 3
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. Institutions shall use historical evidence in order to determine those amounts maintained by the client.
Amendment 1146 #
Proposal for a regulation
Article 410 – paragraph 5
Article 410 – paragraph 5
5. Institutions shall multiply liabilities resulting from deposits by clients that are not financial customers by 75% to the extent they do not fall under paragraph 4the appropriate one of a range of percentages to be determined by the EBA to the extent they do not fall under paragraph 4. EBA shall develop draft regulatory technical standards for the range of percentages, taking account of categories of client such as SMEs and long term corporates, by January 1st 2013.
Amendment 1160 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point a
Article 410 – paragraph 8 – subparagraph 1 – point a
(a) the depositor is 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; and specially if the institution has a majority control position over the subsidiary.
Amendment 1170 #
Proposal for a regulation
Article 412 – paragraph 1
Article 412 – paragraph 1
1. Institutions shall report outflows from credit and liquidity facilities, which shall be determined as a percentage of the maximum amount that can be drawn. This maximum amount that can be drawn may be assessed net of the value according to Article 406 of collateral to be provided if the institution can reuse the collateral and if the collateral in the form of liquid assets in accordance with Article 404. The collateral to be provided may not be assets issued by the counterparty of the facility or one of its affiliated entities. If the necessary information is available to the institution, the maximum amount that can be drawn for credit and liquidity facilities provided to SSPEs shall be determined as the maximum amount that could be drawn given an SSPEs own obligations coming due over the next 30 days. For conditionally revocable credit and liquidity facilities the maximum amount shall be determined based on the economic reality underlying the contract. For unconditionally revocable facilities, the maximum amount shall be zero.
Amendment 1208 #
Proposal for a regulation
Article 413 – paragraph 2 – point a
Article 413 – paragraph 2 – point a
(a) monies due from customers that are not financial customersmall and medium sized enterprises shall be reduced by 50% of their value or by the contractual commitments to those customers to extend funding, whichever is higher. This does not apply to monies due from secured lending and capital market driven transactions as defined in Article 188 that are collateralised by liquid assets according to Article 404;
Amendment 1295 #
Proposal for a regulation
Article 417 – paragraph 1 – subparagraph 1 a (new)
Article 417 – paragraph 1 – subparagraph 1 a (new)
From 1st January 2015 there shall be progressive disclosure of the leverage ratio, including its components, and any specificities or measures under review.
Amendment 1316 #
Proposal for a regulation
Article 434 b (new)
Article 434 b (new)
Article 434b Disclosure of lending to the real economy Institutions shall report on the level of their activity directly related to corporates and SMEs.
Amendment 1317 #
Proposal for a regulation
Article 435 – paragraph 1 – point a a (new)
Article 435 – paragraph 1 – point a a (new)
(a a) information on how the long-term interests of shareholders, investors and other stakeholders in the institution, and the public interest have been taken into account in the decision-making process.
Amendment 1324 #
Proposal for a regulation
Article 435 – paragraph 2 a (new)
Article 435 – paragraph 2 a (new)
2 a. All institutions shall provide a short statement on its remuneration policy in its annual report, setting out in particular the level and mix of remuneration, the procedure for setting remuneration and the performance conditions to which entitlement to short-term and long-term incentive schemes are subject.
Amendment 1360 #
Proposal for a regulation
Article 443 – paragraph 1 – point k a (new)
Article 443 – paragraph 1 – point k a (new)
(k a) 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 1638 #
Proposal for a regulation
Annex 4 – point 12 – point f
Annex 4 – point 12 – point f
(f) asset items constituting claims carrying the explicit guarantees of Zone B central governments, regional governments with powers to raise and collect taxes, and central banks denominated and funded in the national currency common to the guarantor and the borrower;
Amendment 1639 #
Proposal for a regulation
Annex 4 – point 12 – point g
Annex 4 – point 12 – point g
(g) asset items secured to the satisfaction of the competent authorities, by collateral in the form of Zone A central government, regional governments with powers to collect and raise taxes, or central bank securities or securities issued by the European Union or by cash deposits placed with the lending institution or by certificates of deposit or similar instruments issued by and lodged with the latter;
Amendment 1640 #
Proposal for a regulation
Annex 4 – point 13 – point e
Annex 4 – point 13 – point e
(e) asset items constituting claims on Zone A regional governments without powers to collect and raise taxes, or local authorities, subject to Part 4;
Amendment 1641 #
Proposal for a regulation
Annex 4 – point 13 – point f
Annex 4 – point 13 – point f
(f) asset items constituting claims carrying the explicit guarantees of Zone A regional governments without powers to raise and collect taxes, or local authorities, subject to Part 4;
Amendment 1642 #
Proposal for a regulation
Annex 4 – point 21
Annex 4 – point 21
21. Notwithstanding the requirements of point 13, the Member States may fix a weighting of zero for their own regional governments and local authorities if there is no difference in risk between claims on the latter and claims on their central governments because of the revenue- raising powers of the regional governments and local authorities and the existence of specific institutional arrangements the effect of which is to reduce the chances of default by the latter. A zero-weighting fixed in accordance with these criteria shall apply to claims on and off-balance-sheet items incurred on behalf of the regional governments and local authorities in question and claims on others and off- balance-sheet items incurred on behalf of others and guaranteed by those regional governments and local authorities or secured, to the satisfaction of the competent authorities concerned, by collateral in the form of securities issued by those regional governments or local authorities. Regional governments with powers to raise and collect most taxes shall be considered to have the same weighting risk as their Member States of origin.
Amendment 1643 #
Proposal for a regulation
Annex 4 – point 23
Annex 4 – point 23
23. Without prejudice to point 21, the Member States may apply a weighting of 20% to asset items which are secured, to the satisfaction of the competent authorities concerned, by collateral in the form of securities issued by Zone A regional governments without powers to raise and collect taxes, or local authorities, by deposits placed with Zone A credit institutions other than the lending institution, or by certificates of deposit or similar instruments issued by such credit institutions.