12 Amendments of Fabio Massimo CASTALDO related to 2021/0341(COD)
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2013/36/EU
Article 21a – paragraph 4 – subparagraph 2
Article 21a – paragraph 4 – subparagraph 2
(b a) in paragraph 4,subparagraph 2 is replaced by the following: ‘Financial holding companies or mixed financial holding companies exempted from approval in accordance with this paragraph shall not be excluded from the perimeter of consolidation as laid down in this Directive and in Regulation (EU) No 575/2013. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101, unless, upon request of the financial holding company or mixed financial holding company, the competent authority identifies a composition of the group other than the one designated. In particular, the financial holding company or mixed financial holding company may not be considered the parent company where, in the opinion of the competent Authorities, the following conditions are met: i) the company has a statutory prohibition to assume management and coordination functions; ii) the company has no significant equity investments other than that in the company or bank as referred to in the following paragraph; iii) there is a bank or another company that is allowed and declares to exercise the management and coordination functions.’ Or. en
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 1
Article 88 – paragraph 3 – subparagraph 1
3. Member States shall ensure that institutions draw up, maintain and update individual statements setting out the roles and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibilityof key function holders, and the persons who are part of the governance arrangements as referred to in Article 74 (1) and their duties approved by the management body.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 2
Article 88 – paragraph 3 – subparagraph 2
Member States shall ensure that the statements of duties and the mapping of the dutiroles are made available and communicated in due time, upon request, to the competent authorities.
Amendment 385 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 3
Article 88 – paragraph 3 – subparagraph 3
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1
Article 91 a – paragraph 2 – subparagraph 1
2. The entities shall assess the suitability oftiming of the suitability assessment is subject to national law and takes place before or after the members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered.
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 840 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 420 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.
Amendment 466 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8
Article 91 b – paragraph 8
Amendment 510 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2013/36/EU
Article 97 – paragraph 4 – subparagraph 2
Article 97 – paragraph 4 – subparagraph 2
(22a) in Article 97(4), subparagraph 2 is replaced by the following: ‘When conducting the review and evaluation referred to in paragraph 1 of this Article, competent authorities shall apply the principle of proportionality in accordance with the criteria disclosed pursuant to point (c) of Article 143(1). having regard to definitions set out in Article 4, paragraph 1, from points (145) to point (146a) of Regulation (EU) 575/2013 and in accordance with the criteria disclosed pursuant to point (c) of Article 143(1). For entities referred to in Article 4, paragraph 1, point (146a) of Regulation (EU) 575/2013, competent authorities shall take into account the fact that subsidiaries or affiliated undertakings are all small and non-complex or less significant institutions.’
Amendment 514 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2013/36/EU
Article 98 – paragraph 1 – point i
Article 98 – paragraph 1 – point i
(i) the business model of the institution. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-2022010122b) in Article 98( ), point (i) is replaced by the following: ‘(i) the business model of the institution, including those essential features defined in national law as for entities referred to in Article 4, paragraph 1, point 146a, of Regulation (EU) No 575/2013.’ Or. en
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 1 – point 32 a (new)
Article 1 – paragraph 1 – point 32 a (new)
Directive 2013/36/EU
Article 143 – paragraph 1 – point c
Article 143 – paragraph 1 – point c
(32a) in Article 143(1), point (c) is replaced by the following: "(c) the general criteria and methodologies they use in the review and evaluation referred to in Article 97, including the criteria for applying the principle of proportionality as referred to in Article 97(4); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101. For the latter criteria and in respect to, at least, small and non-complex institutions as defined in Article 4, paragraph 1, point 145 of Regulation (EU) No 2019/876, a positive impact on proportionality needs to be achieved by providing the following elements be unambiguously published in addition to the existing ones: (i) a simplified approach to individuate material risks; (ii) simplified approaches to quantify the single material risks under Title VII, Chapter 2, Section II, Sub-Section 2 (Technical criteria concerning the organisation and treatment of risks) and under Article 98 of this Directive; (iii) guidance on scope, methodologies, scenario and data for small and non- complex institutions’ stress testing. Or. en