16 Amendments of Esther DE LANGE related to 2016/0364(COD)
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 2 a (new)
Article 21b – paragraph 2 a (new)
2 a. In addition to paragraph 2, an intermediate EU parent undertaking shall be allowed to obtain authorisation as an investment firm in accordance with Article 5 of Directive 2014/65/EU, if no credit institutions or systemic investment firms are part of the same third country group.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 3
Article 21b – paragraph 3
3. Paragraphs 1, 2 and 2a shall not apply where the total value of assets in the Union of the third country group is lower than EUR 30 billion, unless the third country group is a non-EU G-SII.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 – point b
Article 21b – paragraph 4 – point b
(b) the total assets of each branch of the third country group authorestablished in the Union.
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 a (new)
Article 21b – paragraph 4 a (new)
4 a. Where paragraphs 1 or 2 apply, Member States shall require that each third country branch of the third country group is re-established either as an institution or as branch of an institution in the Union.
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/63/EU
Article 21b – paragraph 6 – subparagraph 2
Article 21b – paragraph 6 – subparagraph 2
Competent authorities shall ensure that there is a singlen intermediate EU parent undertaking for all institutions that are part of the same third country group..
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 a (new)
Article 94 – paragraph 3 a (new)
3 a. Member States may lower the thresholds set out in paragraph three.
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 98 – paragraph 5
Article 98 – paragraph 5
5. The review and evaluation performed by competent authorities shall include the exposure of institutions to the interest rate risk arising from non-trading book activities. Supervisory measures shall be required at least in the case of institutions whose economic value of equity referred to in Article 84(1) declines by more than 15 % of their Tier 1 capital as a result of a sudden and unexpected change in interest rates as set out in any of six supervisory shock scenarios applied to interest rates. or where the institution experiences a ' large decline' in its net interest income as a result of as sudden and unexpected change in interest rates as set out in any of the two supervisory shock scenarios applied to interest rates.
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive 2013/36/EU
Article 98 – paragraph 5a – introductory part
Article 98 – paragraph 5a – introductory part
EBA shall develop draft regulatory technical standards, in line with international standards, to specify for the purpose of paragraph 5:
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive 2013/36/EU
Article 98 – paragraph 5a – point b
Article 98 – paragraph 5a – point b
(b) common modelling and parametric assumptions, including behavioural assumptions, that institutions shall reflect in their calculation of the economic value of equity under paragraph 5;
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive 2013/36/EU
Article 98 – paragraph 5a – point c
Article 98 – paragraph 5a – point c
(c) whether supervisory measures shall also be required in the case of a decline in the institutions' net interest income referred to in Article 84(1) as a result of potential changes in interest ratescommon modelling and parametric assumptions, including behavioural assumptions, that institutions shall reflect in their calculations of the net interest income and specify what constitutes a 'large decline' for the purpose of paragraph 5.
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Directive 2013/63/EU
Article 111 – paragraph 6 a (new)
Article 111 – paragraph 6 a (new)
(25 a) In Article 111, the following paragraph 6a is added: ' Where, without prejudice to paragraphs,1, 2, 3, 4 and 5, two or more institutions in the Union which are part of the same third country group, have an intermediate EU parent undertaking that is established as a financial holding company or mixed financial holding company, supervision on a consolidated basis shall be exercised by the competent authority of the credit institution as defined in point (a) under point (2) of Article 4(1) of Regulation (EU) No 575/2016 with the largest balance sheet total. '
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
(29 a) In Article 125, the following paragraph 1a is added: ' 1a. Where pursuant to Article 111 the consolidating supervisor of a group with a parent mixed financial holding company is different from the coordinator determined in accordance with Article 10 of Directive 2002/87/EC, the two authorities shall cooperate for the purpose of the application of this Directive and Regulation (EU) 575/2013 on a consolidated basis. In order to facilitate and establish effective cooperation the consolidating supervisor and the coordinator shall have written coordination and cooperation arrangements in place. '
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Directive 2013/63/EU
Article 131 – paragraph 3 a (new)
Article 131 – paragraph 3 a (new)
(30 a) In Article 131, the following paragraph 3a is inserted: ' 3a. Where, without prejudice to paragraphs 1, 2 and 3, the competent authority or the designated authority, in the exercise of sound supervisory judgement, reclassifies an O-SII as non- systemic, such reclassification shall take effect as from the second financial year after the date on which this decision is taken. '
Amendment 359 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 b (new)
Article 1 – paragraph 1 – point 30 b (new)
Directive 2013/36/EU
Article 131 – paragraph 11
Article 131 – paragraph 11
(30 b) In Article 131, paragraph 11 is replaced by the following: ' 11. Where the competent authority or the designated authority takes a decision in accordance with paragraphs 3(a) or 10(b), it shall notify EBA accordingly, providing reasons. '
Amendment 363 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 c (new)
Article 1 – paragraph 1 – point 30 c (new)
Directive 2013/36/EU
Article 133 – paragraph 1
Article 133 – paragraph 1
(30 c) In Article 133, paragraph 1 is replaced by the following: ' 1. Each Member State may introduce a systemic risk buffer of Common Equity Tier 1 capital for the financial sector or one or more subsets of that sector on all or a subset of exposures, in order to prevent and mitigate long term non- cyclical systemic or macroprudential risks not covered by Regulation (EU) No 575/2013 and by Article 131, in the meaning of a risk of disruption in the financial system with the potential to have serious negative consequences to the financial system and the real economy in a specific Member State. '
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2 – point c
Article 141a – paragraph 2 – point c