22 Amendments of Antolín SÁNCHEZ PRESEDO related to 2011/0202(COD)
Amendment 350 #
Proposal for a regulation
Article 22 – paragraph 1 – point 20
Article 22 – paragraph 1 – point 20
(20) ‘operating entity’ means an functioning entity established with the purpose of earning a profit in its own right;
Amendment 423 #
Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
Article 34 – paragraph 1 – point b a (new)
(ba) The amount to be deducted shall be reduced by the amount of software programmes classified as intangible assets under the relevant international accounting standards.
Amendment 526 #
Proposal for a regulation
Article 79 – paragraph 1 – point a – point i
Article 79 – paragraph 1 – point a – point i
(i) the amount of Common Equity Tier 1 capital of that subsidiary required to meet the sum of the requirement laid down in point (a) of Article 87(1) and the combined buffer referred to in Article 122(2) of Directive [inserted by OP]; and specific own funds requirements according to Article 100 of Directive [inserted by OP] as long the these requirements are met with Common Equity Tier 1 capital.
Amendment 532 #
Proposal for a regulation
Article 79 – paragraph 1 – point a – point ii
Article 79 – paragraph 1 – point a – point ii
(ii) the 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 point (a) of Article 87(1) and the combined buffer referred to in Article 122(2) of Directive [inserted by OP]; and specific own funds requirements according to Article 100 of Directive [inserted by OP] as long the these requirements are met with Common Equity Tier 1 capital.
Amendment 597 #
Proposal for a regulation
Article 96 – paragraph 3 – subparagraph 1 – point a
Article 96 – paragraph 3 – subparagraph 1 – point a
(a) uniform instructions for and formats, frequencies and dates of reporting of the items referred to in paragraph 1; in order to ensure consistency and comparability of reported losses
Amendment 660 #
Proposal for a regulation
Article 119 – paragraph 1 – subparagraph 1
Article 119 – paragraph 1 – subparagraph 1
An exposure or any part of an exposure fully secured by mortgage on immovable property shall be assigned a risk weight of 100 %, where the conditions under Article 120 and Article 121 are not met, except for any part of the exposure which is assigned to another exposure class. Where the loan exceeds the value of the secured property, the exposure shall be assigned a risk weight proportionally higher than 100%.
Amendment 674 #
Proposal for a regulation
Article 120 – paragraph 2 – point b
Article 120 – paragraph 2 – point b
(b) the risk of the borrower does not materially depend upon the performance of the underlying property or project, but on the underlying capacity of the borrower to repay the debt from other sources, and as a consequence, the repayment of the facility does not materially depend on any cash flow generated by the underlying property serving as collateral. For those other sources, institutions shall determine maximum loan-to-income ratio as part of their lending policys taking into account borrower's assets and obtain suitable evidence of the relevant income and assets when granting the loan. Institutions shall have in place criteria regarding loan-to-value and debt-to- income ratios against which loan-to- income ratios can be weighted.
Amendment 705 #
Proposal for a regulation
Article 123 – paragraph 2 – point c
Article 123 – paragraph 2 – point c
(c) speculative immovable property financing as well as any other exposure to real state, such as the financing to second residential property, determined by the Member States taking into account the risk profile of a loan book, the accumulation of exposures in a market and the characteristics and evolution of the markets.
Amendment 729 #
Proposal for a regulation
Article 142 – paragraph 5 – subparagraph 1 – point a – point ii
Article 142 – paragraph 5 – subparagraph 1 – point a – point ii
(ii) to a small or medium sized enterprise that fulfils the criteria laid down in the Recommendation 2003/361/EC adopted by the European Commission on 6 May 2003 concerning the definition of micro, small and medium-sized enterprise, provided in the latter case that the total amount owed to the institution and parent undertakings and its subsidiaries, including any past due exposure, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential property collateral, shall not, to the knowledge of the institution, which shall have taken reasonable steps to confirm the situation, exceed EUR 1 million;
Amendment 1028 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point a
Article 404 – paragraph 3 – subparagraph 1 – point a
(a) they are not issued by the institution itself or its parent or subsidiary institutions or another subsidiary of its parent institutions or parent financial holding company; with the exemption of those listed in points i and ii of point a of this Article and are traded in a regulated secondary market on current basis
Amendment 1038 #
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point c
Article 404 – paragraph 3 – subparagraph 1 – point c
(c) their price can be observed in a regulated market or can be determined by a formula that is easy to calculate based on publicly available inputs and does not depend on strong assumptions as is typically the case for structured or exotic products;
Amendment 1132 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 1 – point a
Article 410 – paragraph 4 – subparagraph 1 – point a
(a) by the depositor in order to obtain clearing, custody or cash management services from the institution; or in the context of another operational relationship
Amendment 1193 #
Proposal for a regulation
Article 413 – paragraph 1
Article 413 – paragraph 1
1. Institutions shall report their capped liquidity inflows. Capped liquidity inflows shall be the liquidity inflows limited to 75% of liquidity outflows. Institutions may exempt liquidity inflows from deposits placed with other institutions and qualifying for the treatments set out in Article 108(6) or Article 108(7) from this limit as well as liquidity inflows from monies due from borrowers and bond investors related to mortgage lending funded by bonds eligible for the treatment set out in Article 124(3), (4) or (5).
Amendment 1202 #
Proposal for a regulation
Article 413 – paragraph 2 – introductory part
Article 413 – paragraph 2 – introductory part
2. The liquidity inflows shall be measured over the next 30 daysmonth rolling. They shall comprise only contractual inflows from exposures that are not past due and for which the bank has no reason to expect non- performance within the 30-day time horizon. The inflow shall be taken into account in full with the exception of the following:
Amendment 1220 #
Proposal for a regulation
Article 413 – paragraph 3
Article 413 – paragraph 3
3. Payables and receivables expected over the 30 daynext month rolling horizon from the contracts listed in Annex II shall be reflected on a net basis across counterparties and shall be multiplied by 100% of a net amount receivable. Net basis shall mean also net of collateral to be received that qualifies as liquid assets under Article 404.
Amendment 1253 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – introductory part
Article 415 – paragraph 1 – point g – introductory part
(g) non-renewable loans and receivables, separately those the borrowers of which are:
Amendment 1254 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – point i
Article 415 – paragraph 1 – point g – point i
(i) separately those the borrowers of which are: a) natural persons other than commercial sole proprietor and partnerships and partnerships and deposits placed by small and medium sized enterprises where the aggregate deposit placed by that client or group of connected clients is less than 1 million EUR; b) sovereigns, central banks and PSEs; c) clients not referred above other than financial customers; d) any other borrowers
Amendment 1255 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – point ia (new)
Article 415 – paragraph 1 – point g – point ia (new)
(i a) deposits placed by small and medium sized enterprises where the aggregate deposit placed by that client or group of connected clients is less than 1 million EUR;
Amendment 1256 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – point ii
Article 415 – paragraph 1 – point g – point ii
(ii) sovereigns, central banks and PSEs;eparately those that are: a) collateralised by commercial real estate; b) collateralised by residential real estate; c) match funded (pass-through) via bond eligible for the treatment set out in Article 124.
Amendment 1257 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – point iii
Article 415 – paragraph 1 – point g – point iii
Amendment 1258 #
Proposal for a regulation
Article 415 – paragraph 1 – point g – point iv
Article 415 – paragraph 1 – point g – point iv
Amendment 1507 #
Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 1
Article 481 – paragraph 1 – subparagraph 1
EBA, ESMA and ECB shall monitor and evaluate the reports made in accordance with Article 403(1), across currencies and across different business models. EBA shall, and after consulting the ESRB, annually and for the first time by 31 December 2013 report to the Commission whether a specification of the general liquidity coverage requirement in Article 401 based on the criteria for liquidity reporting in Part Six Title II, considered either individually or cumulatively, is likely to have a material detrimental impact on the business and risk profile of Union institutions or on financial markets or the economy and bank lending, with a particular focus on lending to small and medium enterprises and on trade financing, including lending under official export credit insurance schemes. Such analysis should take due account of markets and regulatory developments as well as of the interactions of this ratio with other prudential requirements under the present regulation such as the risk capital ratios or the leverage ratios.