[ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – introductory part

TWithout prejudice to the institutions listed in Article 2 paragraph 5, this Directive shall not apply to an institution where the Commission establishes in a delegated act adopted pursuant to Article 148, on the basis of information available to it that the institution fulfils all of the following conditions, without prejudice to the application of state aid rules:

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point a

(a) it has been established ~~under public law~~ by a Member State's central government, regional government or local authority;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point b

(b) laws and provisions governing the institution confirm that its activity is limited to advancing specified objectives of financial, social or economic public policy in accordance with the laws and provisions governing that institution, on a non-competitive, not for profit basis. For these purposes, public policy objectives may includeobjectives include public interest activities, such as the provision of financing for promotional or development purposes to specific economic activities, or geographical areas of the relevant Member State;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point c

(c) it is subject to a~~dequate and effective prudential requirements, including minimum own funds requirements, and to an adequate supervisory framework which has similar effect as the framework established under Union law~~ supervisory framework which ensures its financial stability;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point d

(d) the central government, regional government or local authority, as applicable, has an obligation to protect the institution's viability or directly or indirectly guarantees at least 9075% of the institution's ~~own funds requirements, funding requirements or exposur~~liabilities;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point e

(e) it is precluded from accepting ~~covered~~retail deposits ~~as defined in point (5) of Article 2(1) of Directive 2014/49/EU of the European Parliament and of the Council12 ; __________________ 12 Directive 2014/49/EU~~, with the exemption of those guaranteed by the central government ofr the ~~European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (OJ L 173, 12.6.2014, p. 149)~~regional government or the local authority;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point f

(f) if the institution has been established by a regional government or a local authority, the majority of its activities are confined to the Member State where its head office is situated;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point g

(g) in the case of institutions whose own fund requirements, financing needs or exposures are guaranteed at less than 75% either directly or indirectly by a member State's central government or a regional or local authority in accordance with letter d, the total value of the institution's assets is below EUR 30 billion;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point h

(h) the ratio of the institution's total assets over the GDP of the Member State concerned is less than 230%;

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5a – point i

~~(i) the institution is not of significant relevance with regard to the domestic economy of the Member State concerned.~~deleted

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2013/36/EU
Article 2 – paragraph 5b – introductory part

TWithout prejudice to the institutions listed in Article 2 paragraph 5, this Directive shall not apply to categories of institutions in a Member State, where the Commission establishes in a delegated act adopted pursuant to Article 148, on the basis of information available to it, that the institutions falling under that category qualify as credit unions under the national law of a Member State and meet all of the following conditions:

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d

Directive 2013/36/EU
Article 2 – paragraph 7

~~By [5 years after entry into force], the Commission shall review the list set out in Article 2(5) by considering whether the reasons that led to the inclusion of entities in the list are still valid~~The criteria set out in paragraph 2(5a) and 2(5b) under which an institution can be exempted by a delegated act pursuant to Article 148 shall not apply under any circumstances to institutions that have previously been exempted under the list in paragraph 5. By [5 years after entry into force], the Commission may review for the entities listed in accordance with paragraphs 2(5a) and 2(5b), the national legal framework and supervision applicable to the ~~entities in the list,~~m and the type and quality of deposit coverage of th~~e entities in the list and, for entities of the type specified in paragraphs 2(5a) and 2(5b)~~ose entities, taking into account ~~also~~ the criteria described therein..

2018/02/02
Committee: ECON

Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)

Directive 2013/36/EU
Article 98 – paragraph 1 – point j a (new)

(aa) in paragraph 1, point ja is added: (ja) The assessment of the climate- related risks linked to an institution's exposures and the incorporation of climate-related risks into the institution's risk management system once a common taxonomy, an homogeneous and a solid framework are achieved towards an adequate measuring of the climate-related risks and their impact on the entities.

2018/02/02
Committee: ECON

13 Amendments of Jonás FERNÁNDEZ related to 2016/0364(COD)

ParlTrack - 2011-2024