8 Amendments of Othmar KARAS related to 2008/0191(COD)
Amendment 44 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) Since a loss arising from an exposure to a credit institutions or an investment firm can be as severe as a loss from any other exposure, such exposures should be treated and reported as any other exposures. In addition, very short-term exposures related to payment, clearing, settlement and custody services for clients are exempt to facilitate the smooth functioning of financial markets and of the related infrastructure. Those services cover, for example, the execution of cash clearing and settlement, corporate actions processing as well as securities lending and similar activities to facilitate settlement. The related exposures include, inter alia, balances on inter-bank accounts resulting directly or indirectly from client payments, including credited or debited fees and interest, and other payments for client services, as well as collateral given or received.
Amendment 95 #
Proposal for a directive – amending act
Article 1 – point 16 – point a
Article 1 – point 16 – point a
Directive 2006/48/EC
Article 106 – paragraph 2 – point a
Article 106 – paragraph 2 – point a
(a) in the case of foreign exchange transactions, exposures incurred in the ordinary course of settlement during the 48 hourtwo working days following payment;
Amendment 98 #
Proposal for a directive – amending act
Article 1 – point 16 - point a
Article 1 – point 16 - point a
Directive 2006/48/EC
Article 106 – paragraph 2 – point c
Article 106 – paragraph 2 – point c
(c) in the case of the provision of money transmission or securitieincluding the execution of payment services, clearing and settlement in any currency and correspondent banking or financial instruments clearing, and settlement and custodian services to clients, delayed receipts in funding and other exposures arising from clientwith respect to the those services or activity,ies which do not last longer than the following business day.
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 21 – point d
Article 1 – point 21 – point d
Directive 2006/48/EC
Article 113 – paragraph 4 – point f a (new)
Article 113 – paragraph 4 – point f a (new)
(fa) asset items constituting claims on central banks in the form of required minimum reserves held at these central banks, and which are denominated in the national currencies of the borrowers.
Amendment 246 #
Proposal for a directive – amending act
Article 1 – point 28 – point b
Article 1 – point 28 – point b
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 2
Article 129 – paragraph 3 – subparagraph 2
Amendment 251 #
Proposal for a directive – amending act
Article 1 – point 28 – point b
Article 1 – point 28 – point b
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 5
Article 129 – paragraph 3 – subparagraph 5
In the absence of such a joint decision between the competent authorities within six months, the consolidating supervisor shall make its owndecision on the application of Articles 123, 124 and 136(2) shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment performed by relevant competent authorities. The decision on the application of Articles 74(2), 123, 124 and 136 (2) shall be taken by the competent authorities responsible for supervision of subsidiaries of and EU parent credit institution or an EU parent financial holding company on an individual or sub-consolidated basis after duly considering the views and reservations expressed by the consolidating supervisor. The decision shall be set out in a document containing the fully reasoned decision and shall take into account the risk assessment, views and reservations of the other competent authorities expressed during the six months period. The decision shall be provided to the other competent authorities by the consolidating supervisor.
Amendment 270 #
Proposal for a directive – amending act
Article 1 – point 33
Article 1 – point 33
Directive 2006/48/EC
Article 154 – paragraph 9 a (new)
Article 154 – paragraph 9 a (new)
9a. Credit institutions that, by 31 December 2010, in accordance with national law, apply a preferential treatment of interbank exposures to asset items constituting claims on and other exposures to institutions. Credit institutions may continue to assign those preferential weightings to items incurred before the entry into force of this Directive up to the date of maturity and no later than 31 December 2013.
Amendment 279 #
Proposal for a directive – amending act
Article 1 – point 35 a (new)
Article 1 – point 35 a (new)
Directive 2006/48/EC
Annex VI – part 2 – paragraph 7 – subparagraph 1 a (new)
Annex VI – part 2 – paragraph 7 – subparagraph 1 a (new)
(35a) In Annex VI, Part 2, point 7 the following subparagraph is added: "Competent authorities shall, furthermore, take the necessary measures to ensure that, with regard to credit assessments relating to structured finance instruments, the ECAI is committed to make available publicly the explanation how the performance of pool assets affects its credit assessments."