Activities of Antolín SÁNCHEZ PRESEDO related to 2011/0203(COD)
Plenary speeches (1)
Credit institutions and prudential supervision - Prudential requirements for credit institutions and investment firms (debate)
Amendments (13)
Amendment 78 #
Proposal for a directive
Article 1 – point c
Article 1 – point c
(c) the prudential supervision of institutions by competent authorities in relation to risks not addressed by the uniforma manner that is compatible with the rules set out in Regulation [inserted by OP].
Amendment 122 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
Such reports may only be required for information or statistical purposes and for the application of Article 52(1).
Amendment 126 #
Proposal for a directive
Article 43 – paragraph 5 – subparagraph 2
Article 43 – paragraph 5 – subparagraph 2
Where competent authorities of the home Member State have legal objections under Union legislation against measures taken by the competent authorities of the host Member State and have adopted other measures to ensure the same level of protection according to paragraph 1, they may refer the matter to EBA and request its assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case, EBA may act in accordance with the powers conferred on it by that Article. Where it acts, EBA shall take any decision under Article 19(3) of Regulation (EU) No 1093/2010 within 24 hours.
Amendment 127 #
Proposal for a directive
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Commission may, after consulting the competent authorities of the Member States concerned and EBA, decide that the Member State in question may maintain or shall amend or abolish precautionary measures.
Amendment 238 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 1
Article 86 – paragraph 1 – subparagraph 1
Member States shall ensure that the management body defines and, oversees and is accountable for the implementation of the governance arrangements that ensure effective and prudent management of an institution, including the segregation of duties in the organisation and the prevention of conflicts of interest.
Amendment 240 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point a a (new)
Article 86 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) the management body shall ensure the integrity of the accounting and financial reporting systems, including the independent audit, financial and operational control and compliance with the law and relevant standards;
Amendment 241 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point a b (new)
Article 86 – paragraph 1 – subparagraph 2 – point a b (new)
(ab) the management body shall oversee the process of disclosure and communications;
Amendment 242 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point b
Article 86 – paragraph 1 – subparagraph 2 – point b
(b) the management body shall be responsible for setting formal performance standards and providing effective oversight of senior management, it shall also meet them regularly and question and review critically their explanations and information;
Amendment 244 #
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point c
Article 86 – paragraph 1 – subparagraph 2 – point c
(c) the chairman of the management body of an institution shall notmay exercise simultaneously the functions of a chief executive officer within the same institution, unless justified and authorised if measures are taken to counterbalance his/her powers and unless justifiably forbidden by competent authorities.
Amendment 258 #
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point a
Article 86 – paragraph 2 – subparagraph 2 – point a
(a) identify and recommend, for the approval of the management body in its supervisory function, a sufficient broad population of candidates to fill management body vacancies. In doing so, the nomination committee shall evaluate the balance of knowledge, skills, diversity and experience of the management body, prepare a description of the roles and capabilities for a particular appointment, and assess the time commitment expected;
Amendment 311 #
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. Competent authorities shall require institutions to take into account diversity as one of the criteria for selection of members of the management body. In particular, institutions shall put in place a policy that promotinges gender, age, geographical, educational and professional diversity, takes into account entrepreneurial thinking and initiative, and ensures a range of skills that guarantees the appropriate representation of shareholders and the consideration of stakeholders on the management body.
Amendment 456 #
Proposal for a directive
Article 124 – paragraph 2
Article 124 – paragraph 2
2. Institutions shall meet the requirement imposed by paragraph 1 with Common Equity Tier 1 capital, or provisions adopted in excess over expected losses composed of equivalent loss absorbing items suitable to be converted to Common Equity Tier 1 upon the occurrence of a trigger event, which shall be additional to any Common Equity Tier 1 capital maintained to meet the own funds requirement imposed by Article 87 of Regulation [inserted by OP(EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms], the requirement to maintain a Capital Conservation Buffer under Article 123 and any requirement imposed under Article 100.
Amendment 490 #
Proposal for a directive
Article 126 – paragraph 4 – subparagraph 3
Article 126 – paragraph 4 – subparagraph 3
By way of derogation from paragraph 3, the designated authority shall review the part of the countercyclical buffer rate based on the other variables referred to in point (c) of paragraph 3 on an annual basis only. That part shall not be taken into account by institutions established in another Member State for the purposes of calculating their institution specific countercyclical capital buffer.