33 Amendments of Fulvio MARTUSCIELLO related to 2016/0360A(COD)
Amendment 227 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c a (new)
Article 1 – paragraph 1 – point 3 – point c a (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 27 – point e
Article 4 – paragraph 1 – point 27 – point e
(ca) in point (27) of paragraph 1, point (e) is replaced by the following: "(e) a third-country (non-EU) insurance undertaking; (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0575-" Or. en 20180101&qid=1516181927876&from=EN)
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c b (new)
Article 1 – paragraph 1 – point 3 – point c b (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 27 – point g
Article 4 – paragraph 1 – point 27 – point g
(cb) in point (27) of paragraph 1, point (g) is replaced by the following: "(g) a third-country (non-EU) reinsurance undertaking; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0575- 20180101&qid=1516181927876&from=EN)
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c c (new)
Article 1 – paragraph 1 – point 3 – point c c (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 27 – subparagraph 1 a (new)
Article 4 – paragraph 1 – point 27 – subparagraph 1 a (new)
(cc) in point (27) of paragraph 1, the following subparagraph is added after point (l): "For the purposes of this Regulation, the undertakings referred to in letters d), f) and h) above, shall be qualified as financial sector entity, where one of the following conditions are met: a) the shares of such undertakings are not listed in a EU regulated market; b) such entities do not act according to a low financial risk insurance business model; c) the institution owns more than 15% of the voting rights or capital of that undertaking. Notwithstanding the foregoing, Member States’ competent authorities retain the power to qualify such entities as financial sector entities if they are not satisfied with the level of risk control and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking or holding company."
Amendment 327 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) No 575/2013
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
(18) In Article 49, the introductory part of paragraph 1 is replaced by the following: 1. For the purposes of calculating own funds on an individual basis, a sub- consolidated basis and a consolidated basis, where the competent authorities require or permit institutions to apply method 1, 2 or 3 of Annex I to Directive 2002/87/EC, the competent authorities may permit institutions shall not to deduct the holdings of own funds instruments of a financial sector entity in which the parent institution, parent financial holding company or parent mixed financial holding company or institution has a significant investment, provided that the conditions laid down in points (a) to (e) of this paragraph are met:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0575- 20180101&qid=1516096790798&from=EN)
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) No 575/2013
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(18) In Article 49, paragraph 1, point (b) is replaced by the following: "(b) that insurance undertaking, re- insurance undertaking or insurance holding company: (i) is included in the same supplementary supervision under Directive 2002/87/EC as the parent institution, parent financial holding company or parent mixed financial holding company or institution that has the holding; " or (ii) is consolidated by the institution using the net equity method and the competent authorities are satisfied with the level of risk control and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking or holding company;" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0575- 20180101&qid=1516096790798&from=EN)
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) No 575/2013
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
Amendment 339 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c a (new)
Article 1 – paragraph 1 – point 19 – point c a (new)
Regulation (EU) No 575/2013
Article 52 – paragraph 1
Article 52 – paragraph 1
(ca) In Article 52, paragraph 1, the following subparagraph 2 a is added: By way of derogation from Article 52(1), conditions (p), (q) and (r) shall not be applicable to instruments issued prior to (•)/201(•)/. ". (date of application of the Regulation amending CRR) Such instruments shall qualify as Additional Tier 1 Capital until the maturity date."
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point d a (new)
Article 1 – paragraph 1 – point 23 – point d a (new)
Regulation (EU) No 575/2013
Article 63 – subparagraph 1 a (new)
Article 63 – subparagraph 1 a (new)
Amendment 357 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72 a – paragraph 2 – point l
Article 72 a – paragraph 2 – point l
(l) liabilities arising from debt instruments with embedded derivatives in accordance with Article 45b (2) of Directive 2014/59/EU.
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point h
Article 72b – paragraph 2 – point h
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point i
Article 72b – paragraph 2 – point i
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point j
Article 72b – paragraph 2 – point j
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point k
Article 72b – paragraph 2 – point k
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point l
Article 72b – paragraph 2 – point l
Amendment 379 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point m
Article 72b – paragraph 2 – point m
Amendment 386 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – subparagraph 1 a (new)
Article 72b – paragraph 2 – subparagraph 1 a (new)
By way of derogation from this paragraph and Articles 72b (3) (a) and 72 (b) (4) (b) below, instruments issued by entities referred to in points (a), (b), (c), and (d) of Article 1 (1) of Directive 2014/59/EU prior to (date of application of the Regulation amending CRR) shall qualify as eligible liabilities instruments where they at least meet the conditions laid down in points (a), (b), (c), (d), and (e) provided that they do not need to meet point (d) for the purpose of Article 45b of Directive 2014/59/EU. Such instruments shall qualify as eligible until the maturity date.
Amendment 556 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 123 – introductory part
Article 123 – introductory part
(52a) The introductory part of Article 123 is replaced by the following: "Exposures that comply with the following criteria shall be assigned a risk weight of 7560 %:" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=en)Or. en
Amendment 561 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 124 – paragraph 2
Article 124 – paragraph 2
(52a) In Article 124, paragraph 2 is replaced by the following: "2. Based on the data collected under Article 101, and any other relevant indicators, the competent authorities shall periodically, and at least annually, assess whether the risk-weight of 20 % or 35 % for exposures secured by mortgages on residential property referred to in Article 125 and the risk weight of 50 % for exposures secured on commercial immovable property referred to in Article 126 located in their territory are appropriately based on: (a) the loss experience of exposures secured by immovable property; (b) forward-looking immovable property markets developments; Competent authorities may set a higher risk weight or stricter criteria than those set out in Article 125(2) and Article 126(2), where appropriate, on the basis of financial stability considerations. For exposures secured by mortgages on residential property, the competent authority shall set the risk weight at a percentage from 3520 % through 150 %, For exposures secured on commercial immovable property, the competent authority shall set the risk weight at a percentage from 50 % through 150 %, Within these ranges, the higher risk weight shall be set based on loss experience and taking into account forward-looking markets developments and financial stability considerations. Where the assessment demonstrates that the risk weights set out in Article 125(2) and Article 126(2) do not reflect the actual risks related to one or more property segments of such exposures, fully secured by mortgages on residential property or on commercial immovable property located in one or more parts of its territory, the competent authorities shall set, for those property segments of exposures, a higher risk weight corresponding to the actual risks. The competent authorities shall consult EBA on the adjustments to the risk weights and criteria applied, which will be calculated in accordance with the criteria set out in this paragraph as specified by the regulatory technical standards referred to in paragraph 4 of this Article. EBA shall publish the risk weights and criteria that the competent authorities set for exposures referred to in Articles 125, 126 and 199(1)(a)." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=." Or. en)
Amendment 567 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 125 – paragraph 2 – point d
Article 125 – paragraph 2 – point d
(52a) In paragraph 2 of Article 125, point (d) is replaced by the following: "(d) unless otherwise determined under Article 124(2), the part of the loan to which the 3520 % risk weight is assigned does not exceed 80 % of the market value of the property in question or 80 % of the mortgage lending value of the property in question in those Member States that have laid down rigorous criteria for the assessment of the mortgage lending value in statutory or regulatory provisions." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=; the part of the loan which exceeds 80% of the market value of the property in question or 80% of the mortgage lending value of the property in question receives a risk weighting of 35%." Or. en)
Amendment 588 #
Proposal for a regulation
Article 1 – paragraph 1 – point 57 a (new)
Article 1 – paragraph 1 – point 57 a (new)
Regulation (EU) No 575/2013
Article 155 a (new)
Article 155 a (new)
(57a) The following Article 155a is inserted: "Article 155a Adjustment to risk weight exposure amount for investment in private equity in the form of units or shares in a Collective Investment Undertakings (CIU) 1. The Risk-weighted exposure amount for investments in private equity in the form of units or shares in a Collective Investment Undertakings as resulting from art 128, 132, 152 and 155 complying with point 2 below, shall be adjusted, in accordance with the following formulae: Adjusted risk-weighted exposure amount = RW exposure value * 0,85 2. The adjustment referred to in paragraph 1 shall only apply to exposures to private equity funds provided their investments are made in undertakings that comply with the following criteria: (i) at the time the investment was made, they were not admitted to trading on a regulated market or on a multilateral trading facility (MTF) as defined in points (21) and (22) or Article 4(1) of Directive 2014/65/EU of the European Parliament and the Council; (ii) they employ up to 499 persons; 3. The Commission shall, by (three years after the entry into force) report on the impact of the requirement laid down in this Regulation on private equity investments on not listed companies activity and shall submit that report to the European Parliament and to the Council, together with a legislative proposal, if appropriate."
Amendment 592 #
Proposal for a regulation
Article 1 – paragraph 1 – point 57 a (new)
Article 1 – paragraph 1 – point 57 a (new)
Regulation (EU) No 575/2013
Article 178 – paragraph 1
Article 178 – paragraph 1
(57a) In Article 178, paragraph 1 is replaced by the following: "1. A default shall be considered to have occurred with regard to a particular obligor when either or both of the following have taken place: (a) the institution considers that the obligor is unlikely to pay its credit obligations to the institution, the parent undertaking or any of its subsidiaries in full, without recourse by the institution to actions such as realising security; (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. Competent authorities may replace the 90 days with 180 days for exposures secured by residential or SME commercial real estate in the retail exposure class, as well as exposures to public sector entities). The 180 days shall not apply for the purposes of Article 127. In the case of retail exposures, institutions may apply the definition of default laid down in points (a) and (b) of the first subparagraph at the level of an individual credit facility rather than in relation to the total obligations of a borrower." In the case of retail exposures to public sector entities, institutions mashall only apply the definition of default laid down in points (a) and (b) of the first subparagraph at the level of an individual credit facility rather than in relation to the total obligations of a borrower." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=." Or. en)
Amendment 790 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point b
Article 428 s – point b
Amendment 859 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – point a a (new)
Article 428 r – point a a (new)
(aa) assets that have a residual maturity of less than six months resulting from secured lending transactions and capital market-driven transactions as defined in Article 192(2) and (3), cleared through a CCP, where those assets are collateralised by assets that qualify as Level 1 assets under Title II of Delegated Regulation (EU) 2015/61, excluding extremely high quality covered bonds referred to in point (f) of Article 10(1) of that Delegated Regulation, and where the institution would be legally entitled and operationally able to reuse those assets for the life of the transaction, regardless of whether the collateral has already been reused. Institutions shall take those assets into account on a net basis where Article 428e(1) of this Regulation applies;
Amendment 860 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – point a b (new)
Article 428 r – point a b (new)
(ab) assets that have a residual maturity of less than six months resulting from secured lending transactions and capital market driven transactions as defined in Article 192(2) and (3) with regulated financial costumers, where the institution would be legally entitled and operationally able to reuse those assets for the life of the transaction, regardless of whether the collateral has already been reused. Institutions shall take those assets into account on a net basis where Article 428e(1) of this Regulation applies.
Amendment 990 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 450 – point h – point vii a (new)
Article 450 – point h – point vii a (new)
(viia) the amounts of severance payments awarded during the financial year, number of beneficiaries and highest such award to a single person; The disclosure of any additional data based on the quantitative information referred to in this Article is optional for institutions.
Amendment 997 #
Proposal for a regulation
Article 1 – paragraph 1 – point 118 a (new)
Article 1 – paragraph 1 – point 118 a (new)
Regulation (EU) No 575/2013
Article 471 – paragraph 1
Article 471 – paragraph 1
(118a) In Article 471, paragraph 1 is replaced by the following: "1. By way of derogation from Article 49(1), during the period from 1 January 2014 to 31 December 2022, competent authorities may permit(...) to (...), institutions toshall not deduct equity holdings in insurance undertakings, reinsurance undertakings and insurance holding companies where the following conditions are met:" (a) the conditions laid down in points (a), (c) and (e) of Article 49(1); (b) the competent authorities are satisfied with the level of risk control and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking or holding company; (c) the equity holdings of the institution in the insurance undertaking, reinsurance undertaking or insurance holding company do not exceed 15 % of the Common Equity Tier 1 instruments issued by that insurance entity as at 31 December 2012 and during the period from 1 January 2013 to 31 December 2022; (d) which is not deducted does not exceed the amount held in the Common Equity Tier 1 instruments in the insurance undertaking, reinsurance undertaking or insurance holding company as at 31 December 2012." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0575-;" the amount of the equity holding Or. en 20180101&qid=1516096790798&from=EN)
Amendment 998 #
Proposal for a regulation
Article 1 – paragraph 1 – point 118 b (new)
Article 1 – paragraph 1 – point 118 b (new)
Regulation (EU) No 575/2013
Article 471 – paragraph 1 – point a
Article 471 – paragraph 1 – point a
(118 b)point (a) of paragraph 1 is replaced by the following: "(a) the conditions laid down in points (a), (c) and (e) of Article 49(1); " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1516959916742&uri=CELEX:02013R0575-20180101)
Amendment 999 #
Proposal for a regulation
Article 1 – paragraph 1 – point 118 c (new)
Article 1 – paragraph 1 – point 118 c (new)
Regulation (EU) No 575/2013
Article 471 – paragraph 1 – point c
Article 471 – paragraph 1 – point c
(118c) point (c) of paragraph 1 is replaced by the following: "(c) the equity holdings of the institution in the insurance undertaking, reinsurance undertaking or insurance holding company do not exceed 15 % of the Common Equity Tier 1 instruments issued by that insurance entity as at 31 December 2012 and during the period from 1 January 2013 to 31 December 2022;" ;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1516959916742&uri=CELEX:02013R0575-20180101)
Amendment 1000 #
Proposal for a regulation
Article 1 – paragraph 1 – point 118 d (new)
Article 1 – paragraph 1 – point 118 d (new)
Regulation (EU) No 575/2013
Article 471 – paragraph 1 – point d
Article 471 – paragraph 1 – point d
Amendment 1001 #
Proposal for a regulation
Article 1 – paragraph 1 – point 118 e (new)
Article 1 – paragraph 1 – point 118 e (new)
Regulation (EU) No 575/2013
Article 471 – paragraph 2
Article 471 – paragraph 2
(118e) paragraph 2 is replaced by the following: "2. The equity holdings which are not deducted pursuant to paragraph 1 shall qualify as exposures and be risk weighted at 37250 %." Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 1060 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a a (new)
Article 501 a a (new)
Amendment 1061 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 d a (new)
Article 501 d a (new)