58 Amendments of Barbara KAPPEL related to 2016/0360A(COD)
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 575/2013
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The consolidating supervisor shall require the proportional consolidation according to the share of capital held of participations in institutions and financial institutions managed by an undertaking included in the consolidation or by the parent institutions, financial holding companies and mixed financial holding companies together with one or more undertakings not included in the consolidation, where the liability of those undertakings is limited to the share of the capital they hold.
Amendment 341 #
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 [date of application of the Regulation amending CRR]. Such instruments shall qualify as Additional Tier 1 Capital until the maturity date.
Amendment 351 #
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)
(da) In Article 63, the following new subparagraph 1 a is added: "By way of derogation from paragraph 1, conditions (n), (o) and (p) shall not apply to instruments issued prior to [date of application of this Regulation]. Such items shall qualify as Tier 2 instruments until the maturity date."
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72a – paragraph 1 – point ba (new)
Article 72a – paragraph 1 – point ba (new)
(ba) Minority interests related to Common Equity Tier 1, Additional Tier 1 and Tier 2 items not included in consolidated own funds.
Amendment 365 #
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 370 #
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 373 #
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 378 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Amendment 380 #
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 387 #
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 5 years from the issuing date.
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 575/2013
Article 77 – heading
Article 77 – heading
Article 77 Conditions for reducing own funds and eligible liabilities
Amendment 417 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 575/2013
Article 77 – point b
Article 77 – point b
Amendment 427 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
The competent authority shall grant permission for an institution to reduce, repurchase, call or redeem Common Equity Tier 1, Additional Tier 1, Tier 2 or eligible liabilities instruments where either of the following conditions is met:
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
(a) earlier than or at the same time as the action referred to in Article 77, the institution replaces the instruments referred to in Article 77 with own funds or eligible liabilities instruments of equal or higher quality at terms that are sustainable for the income capacity of the institution;
Amendment 439 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 3
Article 78 – paragraph 1 – subparagraph 3
Amendment 440 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 4
Article 78 – paragraph 1 – subparagraph 4
Amendment 443 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 5
Article 78 – paragraph 1 – subparagraph 5
Amendment 447 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point a
Article 1 – paragraph 1 – point 35 – point a
Regulation (EU) No 575/2013
Article 80 – title
Article 80 – title
Continuing review of the quality of own funds and eligible liabilities;
Amendment 448 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point b
Article 1 – paragraph 1 – point 35 – point b
Regulation (EU) No 575/2013
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
EBA shall monitor the quality of own funds and eligible liabilities instruments issued by institutions across the Union and shall notify the Commission immediately where there is significant evidence that those instruments do not meet the respective eligibility criteria set out in this Regulation.
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point b
Article 1 – paragraph 1 – point 35 – point b
Regulation (EU) No 575/2013
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
Competent authorities shall, without delay and upon request by EBA, forward all information to EBA that EBA considers relevant concerning new capital instruments or new types of liabilities issued in order to enable EBA to monitor the quality of own funds and eligible liabilities instruments issued by institutions across the Union.;
Amendment 538 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EU) No 575/2013
Article 104 – paragraph 2 – point e
Article 104 – paragraph 2 – point e
(e) financial assets or liabilities measured at fair valueheld as accounting trading assets or liabilities;
Amendment 573 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EU) No 575/2013
Article 132 – paragraph 1
Article 132 – paragraph 1
1. Institutions shall calculate the risk- weighted exposure amount for their exposures in the form of units or shares in a CIU by multiplying thaverage risk- weighted exposure amount of the CIU's exposures, calculated in accordance with the approaches referred to in the first subparagraph of paragraph 2, with the percentagaccounting value of units or shares held by those institutions.
Amendment 575 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EU) No 575/2013
Article 132 – paragraph 3 – introductory part
Article 132 – paragraph 3 – introductory part
3. Institutions may determine the average risk weighted exposure amount of r a CIU's exposures in accordance with the approaches set out in Article 132a where all of the following conditions are met:
Amendment 578 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
(iii) where the institution applies the look-through approach, information about the underlying exposures is verified by an independent third party on an annual basis.
Amendment 615 #
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
Regulation (EU) No 575/2013
Article 325 a – paragraph 1 – introductory part
Article 325 a – paragraph 1 – introductory part
1. An institution may calculate the own funds requirements for market risks with the approach referred to in point (c) of Article 325(1) provided that the size of the institution’s on- and off-balance sheet business subject to market risks is equal to or less than the higher of the following thresholds on the basis of an assessment carried out on a monthly basis:
Amendment 730 #
Proposal for a regulation
Article 1 – paragraph 1 – point 108 – point b
Article 1 – paragraph 1 – point 108 – point b
Regulation (EU) No 575/2013
Article 416 – paragraph 5 – subparagraph 1
Article 416 – paragraph 5 – subparagraph 1
Shares or units in CIUs may be treated as liquid assets up to an absolute amount of EUR 500 million in the portfolio of liquid assets of each institution provided that the requirements in Article 132(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit or currency risk, only invests in liquid assets as referred to in paragraph 1 of this Article.
Amendment 740 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 f – paragraph 2 – introductory part
Article 428 f – paragraph 2 – introductory part
2. Assets and liabilities directly linked to the following products or services shall be considered to meet the conditions of paragraph 1 and be considered as interdependentt both the individual and consolidated levels :
Amendment 742 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 f – paragraph 2 – point c
Article 428 f – paragraph 2 – point c
(c) covered bonds as referred to in Article 52(4) of Directive 2009/65/EC; or that meet the eligibility requirements for the treatment set out in Article 129(4) or (5), and (7) of the Regulation (EU) No 575/2013;
Amendment 749 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – introductory part
Article 428 h – paragraph 1 – introductory part
1. By way of derogation from Article 428g and from Chapters 3 and 4 of this Title, competent authorities may on a case- by-case basisshall authorise institutions to apply a higher available stable funding factor or a lower required stable funding factor to assets, liabilities and committed credit or liquidity facilities where all of the following conditions are fulfilled:
Amendment 750 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point a – point v a (new)
Article 428 h – paragraph 1 – point a – point v a (new)
(va) the counterparty is located within the same Member State or in a different Member State;
Amendment 754 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point b
Article 428 h – paragraph 1 – point b
Amendment 761 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 2
Article 428 h – paragraph 2
Amendment 770 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 q – paragraph 1 a (new)
Article 428 q – paragraph 1 a (new)
1a. The residual maturity of assets with an undefined contractual end date is the date at which the contract allows the credit institution to withdraw or to request payment.
Amendment 771 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 q – paragraph 1 b (new)
Article 428 q – paragraph 1 b (new)
1b. Securities contractually hedging a derivative have the maturity of the derivative.
Amendment 773 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 q – paragraph 5 a (new)
Article 428 q – paragraph 5 a (new)
5a. When calculating the residual maturity of an asset with an early termination where the option to withdraw the money is exercisable at the discretion of both parts, the institution shall consider the asset at the maturity of the date in which the option can be exercised.
Amendment 779 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point a a (new)
Article 428 r – paragraph 1 – 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), 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 781 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point a b (new)
Article 428 r – paragraph 1 – 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 customers, 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 795 #
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 800 #
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 d
Article 428 s – point d
(d) all trade finance off-balance sheet related products as referred to in Article 111(1) of this Regulation with a residual maturity of less than six months.
Amendment 814 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Amendment 822 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 w – point b
Article 428 w – point b
Amendment 835 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 3 – point a a (new)
Article 428 x – paragraph 3 – point a a (new)
(aa) trade finance on-balance sheet related products with a residual maturity of minimum six months and less than one year;
Amendment 842 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a c – point e
Article 428 a c – point e
Amendment 846 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a c – point g a (new)
Article 428 a c – point g a (new)
(ga) those assets referred in Article 428af that have been purchased with the intent of being sold within one year;
Amendment 847 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a e – point b a (new)
Article 428 a e – point b a (new)
(ba) any assets other than those referred to in Articles 428r to 428af, including loans to financial customers having a residual contractual maturity of one year or more when collateralized by Level 1 high quality liquid assets in accordance with Article10 of Delegated Regulation (EU) 2015/61.
Amendment 850 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a f – point f
Article 428 a f – point f
(f) unencumbered exchange-traded equities that are not eligible as Level 2B assets in accordance with Article 12 of Delegated Regulation (EU) 2015/61 unless they have been purchased with the intent of being sold within one year;
Amendment 853 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a f – point g
Article 428 a f – point g
(g) physical traded commodities, including gold but excluding commodity derivatives, unless they have been purchased with the intent of being sold within one year.
Amendment 855 #
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a f – point g a (new)
Article 428 a f – point g a (new)
(ga) any assets other than those referred to in Articles 428r to 428af, including loans to financial customers having a residual contractual maturity of one year or more when collateralized by Level 2 liquid assets in accordance with Article 10 of Delegated Regulation (EU) 2015/6.
Amendment 1023 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point b
Article 501 a – paragraph 1 – point b
(b) the exposure is to an entity or – under specific conditions – to an affiliated holding company which was created specifically to finance or operate physical structures or facilities, systems and networks that provide or support essential public services; the entity can be an affiliated holding company structure if the sources, use and purpose of the loan is adequately fixed by contractual obligations and the cash-flows for repayment are adequately separated and controlled.
Amendment 1027 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point c
Article 501 a – paragraph 1 – point c
(c) the primary source of repayment of the obligation is the income generated by or associated with the assets being financed (i.e. including concession based business), rather than the independent capacity of a broader commercial enterprise;
Amendment 1028 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point d
Article 501 a – paragraph 1 – point d
(d) the obligor can meet its financial obligations even under severely stressed conditscenarions that are relevant for the risk of the project;
Amendment 1030 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point g – point i
Article 501 a – paragraph 1 – point g – point i
(i) where the revenues of the obligor are not funded by payments from a large number of users, the revenues are covered by law or the contractual arrangements shall include provisions that effectively protect lenders against losses resulting from the termination of the project by the party which agrees to purchase the goods or services provided by the obligor;
Amendment 1031 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point g – point ii
Article 501 a – paragraph 1 – point g – point ii
(ii) the obligor has sufficient reserve funds fully funded in cash or other financial arrangements with highadequately rated guarantors to cover the contingency funding and working capital requirements cover lifetimeing a substantial tenor of the financing of the assets referred to in point b) of this paragraph. The guarantor should have an ECAI rating with a credit quality step of at least 3, or a corresponding internal rating, at the time of the financing. A credit quality step of 4 should be allowed when tariffs are fixed by law;
Amendment 1032 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point g – point iii
Article 501 a – paragraph 1 – point g – point iii
(iii) the lenders have a substantial degree of control over the assets and the income generated by the obligor; to be ensured by adequate contractual covenants;
Amendment 1033 #
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point g – point v
Article 501 a – paragraph 1 – point g – point v
(v) equity is pledged to lenders such that they are ableor other measures (e.g. step-in rights) are agreed in order to ensure ability to take control of the entity upon default;
Amendment 1074 #
Proposal for a regulation
Article 1 – paragraph 1 – point 128
Article 1 – paragraph 1 – point 128
Regulation (EU) No 575/2013
Article 507 – introductory part
Article 507 – introductory part
(128) Article 507 is replaced by the following:deleted.
Amendment 1075 #
Proposal for a regulation
Article 1 – paragraph 1 – point 128
Article 1 – paragraph 1 – point 128
Regulation (EU) No 575/2013
Article 507
Article 507