19 Amendments of Frances FITZGERALD related to 2021/0342(COD)
Amendment 446 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 151
Article 4 – paragraph 1 – point 151
(151) ‘revolving exposure’ means any exposure whereby the borrower’s outstanding balance is permitted to fluctuate based on its decisions to borrow and repay, up to an agrepproved limit;
Amendment 449 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point y
Article 1 – paragraph 1 – point 1 – point y
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 152 – point a
Article 4 – paragraph 1 – point 152 – point a
(a) an exposure for which, on a regular basis of at least every 12 months, the balance to be repaid at the next scheduled repayment date is determined as the drawn amount or an instalment at a predefined reference date, with a scheduled repayment date not later than after 12 months, provided that the balance has been repaid in full at each scheduled repayment date for the previous 12 months;
Amendment 472 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 575/2013
Article 5 – point 10 a (new)
Article 5 – point 10 a (new)
(10 a) For the purpose of this regulation, ‘agricultural enterprise’ means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members who exercises an agricultural activity.
Amendment 512 #
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 10075 %.;
Amendment 514 #
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:amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet 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 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements.
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 546 #
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:amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet 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 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements.
Amendment 554 #
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
Article 85 – paragraph 1 – point a – point i
Amendment 569 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
Amendment 580 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)Regulation (EU) No 575/2013
Article 1 – paragraph 1 – point 20 a (new)Regulation (EU) No 575/2013
Article 87 – paragraph 1 – point a
(20 a) in article 87(1), point (a) is replaced by the following: (a) the own funds of the subsidiary minus the lower of the following: (i) 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 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; (ii) the amount of own funds that relates to the subsidiary that is required 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 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisorythe Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirement in third countries;s.
Amendment 1046 #
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, 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 1048 #
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, 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 1082 #
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 320 – paragraph 1 – point b – point i
Article 320 – paragraph 1 – point b – point i
(i) equal to or above 15 % of the institution’s average annual operational risk loss, calculated based on the threshold referred to in Article 319(1), where the operational risk loss event refers to activities that are still part of the business indicator;
Amendment 1403 #
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 1470 #
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 500da (new)
Article 500da (new)
Amendment 1507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 505
Article 505
1 Own funds requirements for credit risk calculated in accordance with Title II of Part III shall be multiplied by a factor of 0,75, if the exposure to an agricultural enterprise as defined in Article 5 point (11) complies with all the following criteria: (a) the exposure is included either in the corporate, retail or immovable property exposures class, with the exclusion of exposures in default; (b) the obligor complies with farming practices that respect (or are equivalent to) eco-schemes and/or environmental, climate related and other management commitments as laid down in articles 31 and 70 of Regulation (EU) n°2021/2115. 2. Large institutions as defined in Article 433a shall report to competent authorities semi-annually on the total amount of exposures to agriculture entities calculated in accordance with paragraph 1 of this Article. Small and non-complex institutions as defined in Article 433b shall report this information annually. 3. By 31 December 2030, EBA shall report to the Commission on the impact of the requirements of this Regulation on agricultural financing.
Amendment 1510 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Article 1 – paragraph 1 – point 203
Regulation (EU) No 575/2013
Article 506 – paragraph 1
Article 506 – paragraph 1
Amendment 1515 #
Proposal for a regulation
Article 1 – paragraph 1 – point 203
Article 1 – paragraph 1 – point 203
Until the Delegated Act is applicable, transitional arrangements for credit insurance policies would apply as follows: By way of derogation from articles 236 (1a) and 236a (2), as far as credit insurance policies are concerned, the LGD applicable to the protection provider shall be the applicable protection provider’s LGD provided for in Article 161(1), multiplied by the following factors: (a) 30 % during the period from 1 January 2025 to 31 December 2028; (b) 45 % from 1 January 2029 until the Delegated Act is applicable 3 By way of derogation, during the above transition arrangements, credit insurance policies shall continue to be governed by the eligibility criteria and requirements that existed in Article 183 prior to the entry in force of this regulation.