Activities of Ernest URTASUN related to 2023/0113(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/59/EU and Regulation (EU) No 806/2014 as regards certain aspects of the minimum requirement for own funds and eligible liabilities
Amendments (12)
Amendment 36 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2014/59/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
(83aa) ‘liquidation entity’ means a legal person established in the Union in respect of which the group resolution plan or, for entities that are not part of a group, the resolution plan, provides that the entity is to be wound up in an orderly manner in accordance with the applicable national law;. Subsidiaries in a resolution group are not liquidation entities if the entity : i) provides critical functions; or ii) has a TREA ratio that represents 2% of the resolution group's TREA ratio; or iii) has a LRE ratio that represents 2% of the resolution group's LRE ratio;
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/59/EU
Article 45c – paragraph 2a – subparagraph 1a (new)
Article 45c – paragraph 2a – subparagraph 1a (new)
Resolution authorities shall assess whether to limit the requirement referred to in Article 45(1) for entities under the second paragraph of Article 2, point (83aa), to the amount sufficient to absorb losses in accordance with paragraph 2, point (a), of this Article. The assessment by the resolution authority shall, in particular, evaluate whether such a limit has any possible impact on financial stability and on the risk of contagion to the financial system.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/59/EU
Article 45c – paragraph 2a – subparagraph 4
Article 45c – paragraph 2a – subparagraph 4
Holdings of own funds instruments or liabilities issued by subsidiaries which are liquidation entities for which the resolution authority has not deterliminted the requirement referred to in Article 45(1) to the amount sufficient to absorb losses shall not be deducted under Article 72e(5) of Regulation (EU) No 575/2013.;
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2014/59/EU
Article 45f – paragraph 1 –subparagraph 3a – point a – introductory part
Article 45f – paragraph 1 –subparagraph 3a – point a – introductory part
(a) the subsidiary meets one of the following conditions:
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2014/59/EU
Article 45f – paragraph 1 – subparagraph 3a – point a – point ii
Article 45f – paragraph 1 – subparagraph 3a – point a – point ii
(ii) the subsidiary is subject to the requirement referred to in Article 104a of Directive 2013/36/EU or to the combined buffer requirement on a consolidated basis;
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2014/59/EU
Article 45f – paragraph 1 – subparagraph 3a – point ba (new
Article 45f – paragraph 1 – subparagraph 3a – point ba (new
(b a) the application of the requirement under Article 45(1) on a consolidated basis is higher than the requirement on an individual basis without applying the deduction set out in Article 72e(5) of Regulation (EU) No 575/2013.
Amendment 64 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – point 24aa
Article 3 – paragraph 1 – point 24aa
(24aa) ‘liquidation entity’ means a legal person established in a participating Member State in respect of which the group resolution plan or, for entities that are not part of a group, the resolution plan, provides that the entity is to be wound up in an orderly manner in accordance with the applicable national law;; . Subsidiaries in a resolution group are not liquidation entities if the entity: i) provides critical functions; or ii) has a TREA ratio that represents 2% of the resolution group's TREA ratio; or iii) has a LRE ratio that represents 2% of the resolution group's LRE ratio;
Amendment 66 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Regulation (EU) No 806/2014
Article 12d – paragraph 2a – subparagraph 1a (new)
Article 12d – paragraph 2a – subparagraph 1a (new)
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Regulation (EU) No 806/2014
Article 12d – paragraph 2a – subparagraph 4
Article 12d – paragraph 2a – subparagraph 4
Holdings of own funds instruments or liabilities issued by subsidiaries which are liquidation entities for which the resolution authority has not deterfor which the Board has liminted the requirement referred to in Article 12a(1) to the amount sufficient to absorb losses shall not be deducted under Article 72e(5) of Regulation (EU) No 575/2013.;
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) No 806/2014
Article 12g – paragraph 1 – subparagraph 3a – point a – introductory part
Article 12g – paragraph 1 – subparagraph 3a – point a – introductory part
(a) the subsidiary meets one of the following conditions:
Amendment 79 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) No 806/2014
Article 12g – paragraph 1 – subparagraph 3a – point a – point ii
Article 12g – paragraph 1 – subparagraph 3a – point a – point ii
(ii) the subsidiary is subject to the requirement referred to in Article 104a of Directive 2013/36/EU or to the combined buffer requirement on a consolidated basis;
Amendment 83 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) No 806/2014
Article 12g – paragraph 1 – subparagraph 3a – point ba
Article 12g – paragraph 1 – subparagraph 3a – point ba
(b a) the application of the requirement under Article 12a(1) on a consolidated basis is higher than the requirement on an individual basis without applying the deduction set out in Article 72e(5) of Regulation No 575/2013.