13 Amendments of Caroline NAGTEGAAL related to 2016/0362(COD)
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 15
Article 1 – paragraph 15
Directive 2014/59/EU
Article 17 – paragraph 5 – point j1
Article 17 – paragraph 5 – point j1
(j1) require an institution or entity referred to in point(b), (c) or (d) of Article 1(1), to changegive guidance on the maturity profile of items referred to in Article 45b or points (a) and (b) of Article 45g(3) to ensure continuous compliance with Article 45f or Article 45g.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
(ii) a recapitalisation amount that allows the resolution group resulting from resolution to restore its total capital ratio referred in Article 92(1)(c) of Regulation (EU) No 575/2013 and its requirement referred to in Article 104a of Directive 2013/36/EU at resolution group sub- consolidated level;
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparapgraph 4
Article 45c – paragraph 3 – subparapgraph 4
The resolution authority shall set the recapitalisation amounts referred to in the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan in particular reflecting the decrease of the total risk exposure amount and of the leverage ratio exposure measure resulting from the resolution actions and may adjust those recapitalisation amounts to adequately reflect risks that affect resolvability arising from the resolution group’s business model, funding profile and overall risk profile.
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 1 – introductory part
Article 45c – paragraph 4 – subparagraph 1 – introductory part
4. Without prejudice to the last subparagraph, fFor entities that are not themselves resolution entities, the amount referred to in paragraph 2 shall not exceed the greater of any of the following:
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 1 – point a – point ii
Article 45c – paragraph 4 – subparagraph 1 – point a – point ii
(ii) a recapitalisation amount that allows the entity to restore its total capital ratio referred in Article 92(1)(c) of Regulation (EU) No 575/2013 and its requirement referred to in Article 104a of Directive 2013/36/EU;
Amendment 338 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 4
Article 45c – paragraph 4 – subparagraph 4
The resolution authority shall set the recapitalisation amounts referred to the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan in particular reflecting the decrease of the total risk exposure amount and of the leverage ratio exposure measure resulting from the resolution actions and may adjust those recapitalisation amounts to adequately reflect risks that affect the recapitalisation needs arising from the entity's business model, funding profile and overall risk profile.
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 1 – subparagraph 1 – introductory part
Article 45e – paragraph 1 – subparagraph 1 – introductory part
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
The amount of the guidance given in accordance with point (a) of paragraph 1 may be set only where the competent authority has already set its own guidanceguidance is established in accordance with Article 104b of Directive 2013/36/EU and shall not exceed the level of that guidance.
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 2 – subparagraph 2
Article 45e – paragraph 2 – subparagraph 2
The amount of the guidance given in accordance with point (b) of paragraph 1 shall not exceed the amount of the combined buffer requirement referred to in point (6) of Article 128 of Directive 2013/36/EU, except for the requirement referred to in point (a) and (d) of that provision, unless a higher level is necessary to ensure that, following the event of resolution, the entity continues to meet the conditions for its authorisation for an appropriate period of time that is not longer than one year.
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 2 – subparagraph 3
Article 45e – paragraph 2 – subparagraph 3
Amendment 579 #
Proposal for a directive
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Directive 98/26/EC
Article 2 – point a a (new)
Article 2 – point a a (new)
In Article 2, the following point (aa) is added: “(aa) "Protected third country system" shall mean a system governed by the law of a third country and subject to Article 8 of this Directive.”
Amendment 582 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Directive 98/26/EC
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
In article 10, the following paragraph (2a) is added: Without prejudice to paragraphs 1 and 2 of this Article, central counterparties recognised by ESMA under the Regulation (EU) No 648/2012* and third- country central securities depositories recognised by ESMA under the Regulation (EU) No 909/2014** shall be protected third country systems and listed in the ESMA list of systems protected under this Directive. Where a cooperative oversight arrangement has been established, the relevant Union central bank of issue of a currency processed in a third country payment system may notify a payment system to ESMA as a protected third country system. ESMA shall list such a system as a system protected under this Directive. _______________ * Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1). ** Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).