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22 Amendments of Joachim SCHUSTER related to 2021/0341(COD)

Amendment 112 #
Paul TANG, René REPASI, Joachim SCHUSTER, Csaba MOLNÁR, Eva KAILI
Proposal for a directive
Recital 34
(34) To maintain adequate resilience to the negative impacts of ESG factors, institutions established in the Union need to be able to systematically identify, measure and manage ESG risks, and their supervisors need to assess the risks at the level of the individual institution as well as at the systemic level, giving priority to environmental factors and progressing to the other sustainability factors as the methodologies and tools for the assessment evolve. Institutions should assess the alignment of their portfolios with the ambition of the Union to become climate- neutral by 2050 and to reduce CO2 emissions by 55% by 2030 as well as avert environmental degradation and biodiversity loss. Institutions should set out specific plans to address the risks arising, in the short, medium and long term, from the misalignment of their business model and strategy with relevant policy objectives of the Union, included in the Paris Agreement, the Fit for 55 package52 [and the post-2020 Global Biodiversity Framework]. Institutions should be required to have robust governance arrangements and internal processes for the management of ESG risks and to have in place strategies approved by their management bodies that take into consideration not only the current but also the forward-looking impact of ESG factors. These strategies should ensure adherence to the EU's ambition to reduce emissions with 55% in 2030 and to be climate neutral by 2050 and shall ensure a reduction of their financing of activities that significantly harm environmental objectives as defined by Regulation (EU) 2019/852. The collective knowledge and awareness of ESG factors by the management body and institutions’ internal capital allocation to address ESG risks will also be key to drive the change within each and single institution. The specificities of ESG risks as well as their relative novelty means that understandings, measurements and management practices can differ significantly across institutions. To ensure convergence across the Union and a uniform understanding of ESG risks, appropriate definitions and minimum standards for the assessment of those risks should be provided in prudential regulation. To achieve this objective, definitions are laid down in Regulation (EU) No 575/2013 and the EBA is empowered to specify a minimum set of reference methodologies for the assessment of the impact of ESG risks on the financial stability of institutions, giving priority to the impact of environmental factors. Since the forward-looking nature of ESG risks means that scenario analysis and stress testing, together with plans for addressing those risks, are particularly informative assessment tools, EBA should be also empowered to develop uniform criteria for the content of the plans to address those risks and for the setting of scenarios and applying the stress testing methods. Environment-related risks, including risks stemming from environmental degradation and biodiversity loss, and climate-related risks in particular should take priority in light of their urgency and the particular relevance of scenario analysis and stress testing for their assessment. __________________ 52 Communication of the Commission COM(2021)568 final, 14.07.2021, comprising the following Commission proposals: COM(2021)562 final, COM(2021)561 final, COM(2021)564 final, COM(2021)563 final, COM(2021)556 final, COM(2021)559 final, COM(2021)558 final, COM(2021)557 final, COM(2021)554 final, COM(2021)555 final, COM(2021)552 final.
2022/08/22
Committee: ECON
Amendment 136 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 2013/36/EU
Article 2 – paragraph 5 – point 5
(-1) Article 2(5), point 5 is replaced by the following: "(5) in Germany, the ‘Kreditanstalt für Wiederaufbau’, ‘Landwirtschaftliche Rentenbank’, ‘Bremer Aufbau-Bank GmbH’, ‘Hamburgische Investitions- und Förderbank’, ‘Investitionsbank Berlin’, ‘Investitionsbank des Landes Brandenburg’, 'Investitionsbank Sachsen- Anhalt', ‘Investitionsbank Schleswig- Holstein’, ‘Investitions- und Förderbank Niedersachsen – NBank’, ‘Investitions- und Strukturbank Rheinland- Pfalz’, ‘Landeskreditbank Baden- Württemberg – Förderbank’, ‘LfA Förderbank Bayern’, ‘NRW.BANK’, ‘Saarländische Investitionskreditbank AG’, ‘Sächsische Aufbaubank – Förderbank’, ‘ThüringerAufbaubank’, undertakings which are recognised under the ‘Wohnungsgemeinnützigkeitsgesetz’ as bodies of State housing policy and are not mainly engaged in banking transactions, and undertakings recognised under that law as non-profit housing undertakings; https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:" Or. en 2022013L0036-01&from=EN
2022/08/22
Committee: ECON
Amendment 265 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48a – paragraph 3 a (new)
3 a. Member States may apply a stricter regulatory regime to all third country branches or branches from specific third countries. Paragraphs (1) to (3) of this Article shall not apply if the Member State subjects branches from the relevant third country to authorisation requirements and other regulatory requirements in line with the requirements for institutions authorised under this Directive.
2022/08/22
Committee: ECON
Amendment 315 #
Joachim SCHUSTER, Paul TANG, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Directive 2013/36/EU
Article 53 – paragraph 1– subparagraph 2
(8 a) in Article 53 (1), subparagraph 2 is replaced by the following: Confidential information which such persons, auditors or experts receive in the course of their duties may be disclosed only in summary or aggregate form, such that individual credit institutions cannot be identified, without prejudice to cases covered by criminal law. or taxation law. Or. en https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013L0036-20150101)
2022/08/22
Committee: ECON
Amendment 316 #
Joachim SCHUSTER, Csaba MOLNÁR, Paul TANG, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Directive 2013/36/EU
Article 53 – paragraph 2
(8 b) in Article 53, paragraph 2 is replaced by the following: ‘2. Paragraph 1 shall not prevent the competent authorities from exchanging information with each other or transmitting information to the ESRB, EBA, or the European Supervisory Authority (European Securities and Markets Authority) (‘ESMA’) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (1) in accordance with this Directive, with Regulation (EU) No 575/2013, with Regulation (EU) 2019/2033 of the European Parliament and of the Council (2), with Article 15 of Regulation (EU) No 1092/2010, with Articles 31, 35 and 36 of Regulation (EU) No 1093/2010 and with Articles 31 and 36 of Regulation (EU) No 1095/2010, with Directive (EU) 2019/2034 of the European Parliament and of the Council (3) and with other directives applicable to credit institutions. That information shall be subject to paragraph 1 Competent authorities shall not be prevented from exchanging information with national taxation authorities, including where this information originates in another Member State. That information shall be subject to paragraph 1.’ Or. en https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013L0036-20150101)
2022/08/22
Committee: ECON
Amendment 317 #
Joachim SCHUSTER, Csaba MOLNÁR, Paul TANG, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 8 c (new)
Directive 2013/36/EU
Article 56 – paragraph 2 – subparagraph 1 a (new)
(8 c) in Article 56(2), the following subparagraph is inserted: Article 53(1), 54 and 55 cannot preclude the exchange of information between competent authorities and taxation authorities in the same Member State. Or. en https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013L0036-20150101)
2022/08/22
Committee: ECON
Amendment 399 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 13
13. This Article and Articles 91a to 91d shall be without prejudice to provisions of the Member States on the representation of employees in the management body and on the management body in its supervisory function as provided for by national law.’;
2022/08/22
Committee: ECON
Amendment 404 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1
2. The entities shall assess the suitability of 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 consideredBy derogation from the first sentence, in case of members of the management body in its supervisory function the assessment can be performed before those members take up their positions or alternatively without undue delay after the appointment. 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 either take measures to mitigate and solve the discrepancy within an appropriate time or ensure that the member concerned does not take up the position considered. If these measures are not successful or according to corporate law not possible, the entity has to inform the competent authority without undue delay.
2022/08/22
Committee: ECON
Amendment 413 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 2
However, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify such immediate replacement.deleted
2022/08/22
Committee: ECON
Amendment 424 #
Joachim SCHUSTER, Paul TANG
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 3 a (new)
3a. As soon as any new facts or other issues that may affect the suitability of the member of the management body are known to the entities, the entities shall inform without undue delay the relevant competent authorities thereof. [copied from Art. 91b (5) CRD 6]
2022/08/22
Committee: ECON
Amendment 425 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 4
4. The entities that renew the mandate of members of the management body shall inform in writing the competent authorities with undue delay, the latest within 15 working days of the date of that renewal of the mandate.
2022/08/22
Committee: ECON
Amendment 427 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1
Competent authorities shall acknowledge in writing the receipt of the application and the documentation required in accordance with paragraph 2 within two working days.deleted
2022/08/22
Committee: ECON
Amendment 434 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 80 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.deleted
2022/08/22
Committee: ECON
Amendment 444 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
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 40 working days. However, the assessment period shall not exceed 120 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.deleted
2022/08/22
Committee: ECON
Amendment 458 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 5
5. As soon as any new facts or other issues that may affect the suitability of the member of the management body are known to the entities or the relevant member of the management body, the entities shall inform without undue delay the relevant competent authorities thereof.deleted
2022/08/22
Committee: ECON
Amendment 460 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 6
6. Competent authorities shall not reassess the suitability of members of the management body when their mandate is renewed, unless relevant information that is known to competent authorities has changed and such change may affect the suitability of the member concerned.deleted
2022/08/22
Committee: ECON
Amendment 462 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 7 – introductory part
7. Where members of the management body do not fulfil the requirements set out in Article 91(1) to (8) at all times or where the entities do not comply with the obligations and deadlines laid down in paragraphs 2 or 4 of this Article, Member States shall ensure that competent authorities have the necessary powers to:
2022/08/22
Committee: ECON
Amendment 463 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 7 – point a
(a) prevent such members to be part of the management body from carrying out activities;
2022/08/22
Committee: ECON
Amendment 464 #
Joachim SCHUSTER, René REPASI
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 7 – point b
(b) remove such members from the management body, in urgent cases without a suspensive effect of formal objections or legal proceedings by the entity or the person itself;
2022/08/22
Committee: ECON
Amendment 467 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8
8. In accordance with paragraphs 1 to 7, competent authorities shall carry out the suitability assessment before members of the management body take up their positions in the following entities: (a) qualifies as large institution; (b) State that qualifies as large institution; (c) institution or that supervises large institutions affiliated to it; (d) stand-alone institution in the EU that qualifies as large institution; (e) (f) companies in a Member State, parent mixed financial holding companies in a Member State, EU parent financial holding companies and EU parent mixed financial holding companies, having large institutions or relevant subsidiaries within their group. However, where it is strictly necessary to replace a member of the management body immediately, competent authorities may carry out the suitability assessment of members of the management body after they take up their positions. The entities shall be able to duly justify such immediate replacement.deleted the EU parent institution that the parent institution in a Member central body that qualifies as large relevant subsidiary; the parent financial holding
2022/08/22
Committee: ECON
Amendment 478 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
9. For the purposes of paragraph 2, EBA shall develop draft regulatory technical standards specifying information or accompanying documents required to be submitted to the competent authorities for performing the suitability assessment. EBA shall submit those draft regulatory technical standards to the Commission by [OP please insert the date = 12 months from the date of entry into force of this amending Directive]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.deleted
2022/08/22
Committee: ECON
Amendment 479 #
Joachim SCHUSTER
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 10
10. EBA shall develop draft implementing technical standards on standard forms, templates and procedures for the provision of the information referred to in paragraph 2. EBA shall submit those draft implementing technical standards to the Commission by [OP please insert the date = 12 months from the date of entry into force of this amending Directive]. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010.deleted
2022/08/22
Committee: ECON
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