[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 d – paragraph 1 – point d a (new)

(da) The need to ensure that the level of the requirement referred to in Article 12a(1) is proportionate to the specificities of the following business and funding models: (i) the prevalence of deposits in the funding structure; (ii) the lack of experience in issuing debt instruments due to the limited access to domestic or cross-border capital markets and the limited recourse to issuance of such instruments in light of the funding structure; (iii) the fact that the institution will rely primarily on CET1 and AT1 instruments to meet the requirement referred to in Article 45(1).

2018/02/01
Committee: ECON

Tom VANDENKENDELAERE, Sander LOONES, Hugues BAYET, Dariusz ROSATI, Lieve WIERINCK, Lívia JÁRÓKA, Danuta Maria HÜBNER

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12 h – paragraph 2

2. The requirement referred to in Article 12a(1) of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 12g; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 12g unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 12g(1); (c) it shall fulfil the eligibility criteria provided in paragraph 3; (d) of the subsidiary to the consolidated requirement referred to in 12g(1).deleted the resolution entity complies with the sum of all requirements to be it shall not exceed the contribution

2018/02/01
Committee: ECON

Tom VANDENKENDELAERE, Sander LOONES, Hugues BAYET, Dariusz ROSATI, Lieve WIERINCK, Lívia JÁRÓKA, Danuta Maria HÜBNER

Proposal for a regulation
Article 1 – paragraph 5

Regulation (EU) No 806/2014
Article 12h – paragraph 4

4. Subject to the agreement of the Board, the requirement referred to in Article 12a(1) may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 21(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are governed by the laws of the Member State where the subsidiary is established unless otherwise specified by the Board; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) guarantee is unencumbered and in particular is not used asdeleted the guarantee is provided for at the guarantee is triggered when the guarantee is collateralised the guarantee and financial the collateral to back any other guarantee; (g) maturity that fulfils the same maturity condition as that referred to in Article 72c(1) of Regulation (EU) No 575/2013; and (h) operational barriers to the transfer of the collateral from the resolution entity toing the the collateral backing the the collateral has an effective the re~~levant subsidiary, including when resolution action is taken in respect of the resolution entity.~~ are no legal, regulatory or

2018/02/01
Committee: ECON

Tom VANDENKENDELAERE, Hugues BAYET, Sander LOONES, Dariusz ROSATI, Lieve WIERINCK, Lívia JÁRÓKA, Danuta Maria HÜBNER

Proposal for a regulation
Article 1 – paragraph 9 a (new)

Regulation (EU) No 806/2014
Article 27 – paragraph 3 – point g a (new)

9a. in Article 27(3), the following point is added: (ga) liabilities to institutions or relevant entities that are part of the same resolution group without being themselves resolution entity, regardless of their maturities except where these liabilities rank below ordinary unsecured liabilities under the relevant national law setting the hierarchy of claims applicable on the date of entry into force of this Regulation. Where the previous subparagraph applies, the Board shall assess whether the amount of instruments complying with Article 45g(3) is sufficient to support the implementation of the preferred resolution strategy.

2018/02/01
Committee: ECON

4 Amendments of Tom VANDENKENDELAERE related to 2016/0361(COD)

ParlTrack - 2011-2024