28 Amendments of Isabel BENJUMEA BENJUMEA related to 2021/0342(COD)
Amendment 488 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 47a – paragraph 7a (new)
Article 47a – paragraph 7a (new)
(11 a) in Article 47a, the following paragraph is added:. 7a. For the purposes of point (m) of Article 36(1), when an eligible protection provider compensates credit losses according to the original scheduled payment dates of the guaranteed exposure, and that payment is effective, the eligible protection provider shall replace the guaranteed party as debtor.
Amendment 502 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) No 575/2013
Article 49 –title
Article 49 –title
(13 -a) in Article 49, the title is changed by the following : Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied (13 -a) in Article 49, the title is changed by the following : Or. en (Regulation 575/2013)
Amendment 504 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 -a (new)
Article 1 – paragraph 1 – point 13 -a (new)
Regulation (EU) No 575/2013
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(13 -a) in Article 49(1) point b is replaced by the following : (b) that insurance undertaking, re-insurance undertaking or insurance holding company is included in the same supplementary supervision under Directive 2002/87/EC as the parent institution, parent financial holding company or parent mixed financial holding company or institution that has the holding; are part of a financial conglomerate as defined in Directive 2002/87/EC. Or. en (Regulation 575/2013)
Amendment 510 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4 – subparagraph 2
Article 49 – paragraph 4 – subparagraph 2
The holdings in respect of which deduction is not made in accordance with paragraphs 2 or 3 shall qualify as exposures and shall be risk weighted at no more than 100 %.;
Amendment 515 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – introductory part
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:
Amendment 526 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – introductory part
Article 84 – paragraph 1 – point a – point i – introductory part
Amendment 531 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i – indent 1
Article 84 – paragraph 1 – point a – point i – indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459 , the specific own funds requirements referred to in Article 104 and 104 a of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulaand the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions ion third countries insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicabledividend payments. In case of third countries measured shall be based on local own funds requirements ;
Amendment 535 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a –pointi – indent 2
Article 84 – paragraph 1 – point a –pointi – indent 2
— where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in Article 39(2), point (a), of Directive (EU) 2019/2034, or any local supervisory regulations in third countries, insofar as those requirements are to be met by Common Equity Tier 1 capital, as applicable; In case of third countries measured shall be based on local own funds requirements;
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
Article 84 – paragraph 1 – point a – point ii
Amendment 547 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 - point a – introductory part
Article 85 – paragraph 1 - point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:
Amendment 559 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – introductory part
Article 85 – paragraph 1 – point a – point i – introductory part
(i) the amount of Tier 1 capital of the subsidiary required to meet the following:-
Amendment 564 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point i – indent 1
Article 85 – paragraph 1 – point a – point i – indent 1
— where the subsidiary is an institution, the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in Article 128, point (6), of that Directive, or any local supervisory regulations in third countries insofar as those requirements are to be met by Tier 1 Capital, as applicable;and the Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries measured shall be based on local own funds requirements
Amendment 570 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
Amendment 586 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a
Article 87 – paragraph 1 – point a
(a) the own funds of the subsidiary minus the lower of the following: (i)20 a) in Article 87(1), point (a) is replaced by the following: "(a) the own funds of the subsidiary: the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 and 104a of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific 2013/36/EU, the requirements referred to in Article 500 and any additional local supervisory own funds requirement in third countries and the own funds of the subsidiary required at local level to avoid restrictions own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; dividend payments. In case of third countries measured shall be based on local own funds requirements;; Or. en (Regulation 575/2013)
Amendment 819 #
Table 6aab LTV50 50%LT 60%LT 80%LT 90%LT LTV100 V60% V80% V90% V100% % Risk 20% 25% 30% 40% 50% 70% weight
Amendment 864 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation (EU) No 575/2013
Article 133 – paragraph 4 – subparagraph 2
Article 133 – paragraph 4 – subparagraph 2
By way of derogation from the first subparagraph, long-term equity investment, including investments in equities of corporate clients with which the institution has or intends to establish a long-term business relationship as well as venture capital firms, when they are related to activities which are part of the bank’s strategy approved by the Board, such as digitalization and sustainability, and debt- equity swaps for corporate restructuring purposes shall be assigned a risk weight in accordance with paragraph 3 or 5, as applicable. For the purposes of this Article, a long-term equity investment is an equity investment that is held for three years or longer or incurred with the intention to be held for three years or longer as approved by the institution’s senior management.
Amendment 865 #
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation 575/2013
Article 133 – paragraph 4b (new)
Article 133 – paragraph 4b (new)
4b. Equity exposures in sufficiently diversified portfolios, including exposures to venture capital funds, shall be given a 190% risk weight.
Amendment 924 #
Proposal for a regulation
Article 1 – paragraph 1 – point 66 – point c a (new)
Article 1 – paragraph 1 – point 66 – point c a (new)
Regulation (EU) No 575/2013
Article 153 – paragraph 5 – subparagraph 1 – table 1
Article 153 – paragraph 5 – subparagraph 1 – table 1
Amendment 925 #
Proposal for a regulation
Article 1 – paragraph 1 – point 66 – point c a (new)
Article 1 – paragraph 1 – point 66 – point c a (new)
Regulation 575/2013
Article 153– paragraph 5 – subparagraph 2 a (new)
Article 153– paragraph 5 – subparagraph 2 a (new)
For exposures with a remaining maturity equal or more than 2,5 years, on category 1 and 2, risk weights of 50% and 70% may be assigned, respectively, provided that the underwriting and other risk characteristics are substantially stronger than specified for the category. EBA shall develop draft regulatory technical standards to specify the conditions to be assigned the preferential RW. EBA shall submit those draft regulatory technical standard to the Commission by (12 months after the entry into force of this Regulation). " Or. en (Regulation 575/2013)
Amendment 937 #
Proposal for a regulation
Article 1 – paragraph 1 – point 75 – point a
Article 1 – paragraph 1 – point 75 – point a
Regulation (EU) No 575/2013
Article 162 – paragraph 1 – subparagraph 1
Article 162 – paragraph 1 – subparagraph 1
1. For exposures for which an institution has not received permission of the competent authority to use own estimates of LGD, and for exposures for which an institution applies own estimates of LGD, the maturity value (‘M’) shall beither be set at 2,5 years, except for exposures arising from securities financing transactions, for which M shall be 0,5 years or, alternatively, be calculated in accordance with paragraph 2.
Amendment 940 #
Proposal for a regulation
Article 1 – paragraph 1 – point 75 – point a
Article 1 – paragraph 1 – point 75 – point a
Regulation (EU) No 575/2013
Article 162 – paragraph 1 – subparagraphe 2
Article 162 – paragraph 1 – subparagraphe 2
Amendment 1035 #
Proposal for a regulation
Article 1 – paragraph 1 – point 130 – point -a (new)
Article 1 – paragraph 1 – point 130 – point -a (new)
(- a) paragraph 2 is replaced by the following: 2. Institutions shall calculate the exposure value of a netting set under the standardised approach for counterparty credit risk as follows: Exposure value = α ·· (RC + PFE) where: RC = the replacement cost calculated in accordance with Article 275; and PFE = the potential future exposure calculated in accordance with Article 278; α = 1,4. for netting sets with non-financial counterparties as defined in point (9) of Article 2 of Regulation (EU) No 648/2012, or with non-financial counterparties established in a third country α= 1.4 for all other nettings sets
Amendment 1045 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 2 – subparagraph 3
Article 314 – paragraph 2 – subparagraph 3
IC = the interest component, determined at jurisdiction level for the purposes of taking into consideration high and low net interest margin jurisdictions, which is the institution’s interest income from all financial assets and other interest income, including finance income from financial and income from operating leases and profits from leased assets, minus the institution’s interest expenses from all financial liabilities and other interest expenses, including interest expense from financial and operating leases, depreciation and impairment of, and losses from, operating leased assets, calculated as the annual average of the absolute values of the difference over the previous three financial years;
Amendment 1047 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 2 – subparagraph 4
Article 314 – paragraph 2 – subparagraph 4
AC = the asset component, determined at jurisdiction level for the purposes of taking into consideration high and low net interest margin jurisdictions, which is the sum of the institution’s total gross outstanding loans, advances, interest bearing securities, including government bonds, and lease assets, calculated as the annual average over the previous three financial years on the basis of the amounts at the end of each of the respective financial years;
Amendment 1389 #
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 465a – paragraph 2 a (new)
Article 465a – paragraph 2 a (new)
2a. By way of derogation from Part Three, Title II, Chapter 6, Sections 3 and 4, parent institutions, parent financial holding companies or parent mixed financial holding companies, stand alone institutions in the EU or stand-alone subsidiary institutions in Member States shall, until 31 December 2029, replace alpha by 1 in the calculation of the exposure value for the contracts listed in Annex II in accordance with the approaches set out in Part Three, Title II, Chapter 6, Sections 3 and 4.The Commission may, having taken into account the EBA report referred to in Article 514 and taking due account of Article 465.4 second subparagraph, adopt a delegated act in accordance with Article 462 to permanently modify the value of alpha, where appropriate.
Amendment 1404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
Article 495a – paragraph 3
3. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence or control in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking. or when an institution is in the capacity to name at least one member of the management body of the entity.
Amendment 1542 #
Proposal for a regulation
Annex – table – bucket 2
Annex – table – bucket 2
Regulation (EU) No 575/2013
Annex 1
Annex 1
Bucket Items 2 2 Note issuance facilities (NIFs) and revolving underwriting facilities (RUFs) regardless of the maturity of the underlying facility; Performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions and similar transaction- related contingent items; Off-balance sheet items not constituting a credit substitute where not explicitly included in any other category. Trade finance off-balance sheet items, namely documentary credits issued or confirmed (see also ‘Bucket 4’); Other off-balance sheet items: (i) shipping guarantees, customs and tax bonds; (ii) undrawn credit facilities (agreements to lend, purchase securities, provide guarantees or acceptance facilities) with an original maturity of more than one year; (iii) note issuance facilities (NIFs) and revolving underwriting facilities (RUFs) regardless of the maturity of the underlying facility; Other off-balance sheet items carrying similar risk, as communicated to to EBA.
Amendment 1553 #
Proposal for a regulation
Annex -– table – column 2 – row 13 -a (new)
Annex -– table – column 2 – row 13 -a (new)
Regulation (EU) No 575/2013
Annex 1
Annex 1