11 Amendments of Elisabetta GUALMINI related to 2021/0342(COD)
Amendment 358 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) A better alignment of banks’ prudential framework with the EU policy framework on Social Economy will contribute to a better inclusion of ESG requirements risks into the banks’ framework. Some banks have a specific legal nature, different characteristics, a unique "mutualistic" model that should be taken into account. It is therefore important that those banks are defined as "social economy entities", according to the conditions specified in Art. 4 point 146 (a). As a result, prudential and supervisory requirements should be made in a more proportionate and appropriate way.
Amendment 359 #
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41 b) The creation of the new category of social economy entities is consistent and will help to fulfil the strategy that puts green and sustainable financing at the heart of the EU financial system. It will help regulators and supervisors to better understand their business model and develop consistent policies and a more proportionate supervisory approach to deal with them. It will also help to improve the overall access to funding for social economy entities, which consequently will help revitalise the rural areas and proximity to the local communities, favouring the green and digital transition and the creation of new jobs.
Amendment 435 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point x a (new)
Article 1 – paragraph 1 – point 1 – point x a (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 146 – introductory part
Article 4 – paragraph 1 – point 146 – introductory part
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point x b (new)
Article 1 – paragraph 1 – point 1 – point x b (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 146 a (new)
Article 4 – paragraph 1 – point 146 a (new)
(x b) the following point (146 a) is inserted: “social economy entity’ means an entity that meets all of the following conditions: a) The entity is not a G-SII; b) The entity and its subsidiaries and affiliated undertakings are linked according to article 22, paragraph 7 of Directive 2013/34/EU and applicable national laws address subsidiaries to allocate profits mainly to common interests of members; c) Subsidiaries or affiliated undertakings are small and non-complex entities according to point 145 of this article or less significant institutions according to art.6, paragraph 4 of Regulation (EU) 1024/2013; d) Affiliated undertakings are bound by national laws for a governance model informed by democratic principles.
Amendment 507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13Regulation (EU) No 575/2013
Article 1 – paragraph 1 – point 13Regulation (EU) No 575/2013
Article 49 – paragraph 4
Amendment 1391 #
Proposal for a regulation
Article 1 – paragraph 1 – point 196 a (new)
Article 1 – paragraph 1 – point 196 a (new)
Regulation (EU) No 575/2013
Article 471
Article 471
(196a) Article 471 is replaced by the following: 1. By way of derogation from Article 49(1), during the period from 31 December 2018 to 31 December 2024, institutions may choose not to deduct equity holdings in insurance undertakings, reinsurance undertakings and insurance holding companies where the following conditions are met: (a) the conditions set out in points (a), and (e) of Article 49(1); (b) the competent authorities are satisfied with the level of risk control and financial analysis procedures specifically adopted by the institution in order to supervise the investment in the undertaking or holding company; (c) the equity holdings of the institution in the insurance undertaking, reinsurance undertaking or insurance holding company do not exceed 15 % of the Common Equity Tier 1 instruments issued by that insurance entity as at 31 December 2012 and during the period to 31 December 2024; (d) the amount of the equity holding which is not deducted does not exceed the amount held in the Common Equity Tier 1 instruments in the insurance undertaking, reinsurance undertaking or insurance holding company as at 31 December; from 1 January 2012.3 2. The equity holdings which are not deducted pursuant to paragraph 1 shall qualify as exposures and be risk weighted at 370 %. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021PC0664)250%. Or. en
Amendment 1465 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No. 575/2013
Article 500 – paragraph 1 – subparagraph 1 – point b
Article 500 – paragraph 1 – subparagraph 1 – point b
(199 a) in Article 500, point (b) is replaced by the following: (b) the dates of the disposals of defaulted exposures are after 23 November 2016 but not later than 28 June 20226;
Amendment 1467 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500 – paragraph 1 – subparagraph 1 – point c
Article 500 – paragraph 1 – subparagraph 1 – point c
(199 a) in Article 500(1), point (c) is replaced by the following: (c) the cumulative amount of defaulted exposures disposed of since the date of the first disposal in accordance with the plan referred to in point (a) has surpassed 20 % of the outstandingcumulative amount of all defaulted exposureobserved defaults as of the date of the first disposal referred to in points (a) and (b). ( https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410 )Or. en
Amendment 1468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500 – paragraph 1– subparagraph 2
Article 500 – paragraph 1– subparagraph 2
(199 a) in Article 500(1), subparagraph 2 is replaced by the following: The adjustment referred to in the first subparagraph may only be carried out until 28 June 20226 and its effects may last for as long as the corresponding exposures are included in the institution's own LGD estimates. ( https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410 )Or. en
Amendment 1519 #
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – introductory part
Article 519d – paragraph 1 – introductory part
By [OP please insert the date = 60 months after date of application of Part Three, Title III], the EBA shall report to the Commission on all of the followingthe use of an insurance policy standardized formula, to allow a mitigation of capital requirements for operational risks:
Amendment 1534 #
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 2
Article 519d – paragraph 2
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal related to a standardized formula for the calculation of own funds requirements for operational risks by [OP please insert the date = 712 months after date of application of Part Three, Title III].; such formula shall take into account a policy limit, a policy a policy deductible and a standard haircut to be determined by supervision authorities. The insurance contracts shall be identified by EBA with standardised wording precleared by EBA by means of an ad hoc RTS.