17 Amendments of Othmar KARAS related to 2016/0364(COD)
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2013/36/EU
Article 2 – paragraph 7
Article 2 – paragraph 7
By [5 years after entry into force], the Commission shall review the list set out in Article 2(5) by considering whether the reasons that led to the inclusion of entities in the list are still valid,EBA shall draft a report with an assessment of the national legal framework and supervision applicable to the entities in the list,specified in paragraphs 2(5a) and 2(5b) as well the type and quality of deposit coverage of these entities in the list and, for entities of the type specified in paragraphs 2(5a) and 2(5b) taking into account also the criteria described therein.and submit this report to the Commission and the European Parliament.
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1 a (new)
Article 21b – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, competent authorities may allow the institutions referred to in paragraph 1 to have two intermediate EU parent undertakings where the establishment of a single intermediate EU parent undertaking would: (i) conflict with the legal or regulatory framework that requires a separation of activities in the third country in which the ultimate parent undertaking of the third country group has its head office or (ii) render resolvability less efficient or impinge on financial stability according to an assessment carried out by the competent resolution authority of the intermediate EU parent undertaking in close coordination with the resolution authority of the parent undertaking of the intermediate EU parent undertaking.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 2
Article 21b – paragraph 2
2. Member States shall require an intermediate EU parent undertakings in the Union to obtain authorisation as an institution in accordance with Article 8, or as a financial holding company or mixed financial holding company in accordance with Article 21a.
Amendment 131 #
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, 1a and 2 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 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 – subparagraph 2
Article 21b – paragraph 6 – subparagraph 2
Competent authorities shall ensure that there is a single requirement for an intermediate EU parent undertaking is fulfilled for all institutions that are part of the same third country group..
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 a (new)
Article 21b – paragraph 6 a (new)
6 a. Within four years after the entry into force of this Directive, the Commission shall review the requirements imposed on institutions by this article and, after consulting the EBA, submit a report to the European Parliament and the Council. Following the publication of this report, the Commission shall, if appropriate, bring forward any necessary legislative amendments. This report shall consider: (a) whether the requirements of this Article are operable, necessary and proportionate and whether other measures would be more appropriate; (b) whether other jurisdictions apply requirements which are similar to this Article and, if so, the nature and effect of those requirements, whether they are consistent with the requirements of this Article and the impact of different asset thresholds in those jurisdictions; (c) the impact of structural separation requirements in other jurisdictions.
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 b (new)
Article 21b – paragraph 6 b (new)
6 b. By way of derogation from paragraph 1, groups operating through more than one institution in the Union and with total value of assets exceeding EUR 30 billion on [date of entry into force of this Directive] shall have an intermediate EU parent undertaking or, in the case referred to in paragraph 1a, two intermediate EU parent undertakings by [date of application of this Directive + three years].
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2013/36/EU
Article 56 – point f a (new) and point f b (new)
Article 56 – point f a (new) and point f b (new)
(11a) In Article 56 points (fa) and (fb) are added: “(fa) competent authorities referred to in Article 48 of Directive (EU) 2015/849 of the European Parliament and of the Council1a; (fb) competent authorities or bodies responsible for the application of rules on structural separation within a banking group.” __________________ 1a Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73)
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2013/36/EU
Article 84 a (new)
Article 84 a (new)
The following Article 84a is added: "Article 84a Environmental-related risks The EBA shall investigate the introduction of environmental-related risks as a new risk category with a view to assess inter alia the possible material sources and effects of environmental specific risks on institutions, taking existing sustainability reporting by institutions into account. By the [date of entry into force + 1 year] the EBA shall submit a report on its findings to the Commission. On the basis of this report, the Commission shall, if appropriate, submit to the European Parliament and the Council, a legislative proposal."
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2013/36/EU
Article 92 – paragraph 2 – introductory phrase
Article 92 – paragraph 2 – introductory phrase
Competent authorities shall ensure that, when establishing and applying the total remuneration policies, inclusive of salaries and discretionary pension benefits, for categories of staff whose professional activities have a material impact on their risk profile, including senior management, risk takers, staff engaged in control functions and any employee receiving total remuneration that takes them into the same remuneration bracket as senior management and risk takers, whose professional activities have a material impact on their risk profile, institutions comply with the following principles in a manner that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities..
Amendment 220 #
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 – point a
Article 94 – paragraph 3 – point a
(a) an institution on an individual basis, which may also be subject to prudential consolidation or part of a banking group, the value of the assets of which is on average equal to or less than EUR 58 billion over the four-year period immediately preceding the current financial year;
Amendment 232 #
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 – subparagraph 2
Article 94 – paragraph 3 – subparagraph 2
By way of derogation from point (a), a competent authority may decide that institutions on an individual basis, which may also be subject to prudential consolidation or part of a banking group, whose total asset value is below the threshold referred to in point (a) are not subject to the derogation because of the nature and scope of their activities, their internal organisation or, if applicable, the characteristics of the group to which they belong.
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 97 – paragraph 4 a (new)
Article 97 – paragraph 4 a (new)
(17) In Article 97(1) point (b) is deleted.is amended as follows: (a) point (b) is deleted; (b) the following new paragraph is inserted after paragraph 4: "4a. Competent authorities may tailor the methodologies for the application of the review and evaluation process referred to in paragraph 1 to take into account institutions with a similar risk profile, such as similar business models or geographical location of exposures. Such tailored methodologies may include risk- oriented benchmarks and quantitative indicators, and shall allow for due consideration of the specific risks that each institution may be exposed to on an individual level. In the case that the competent authorities use tailored methodologies pursuant to this paragraph, they shall notify EBA. EBA shall monitor supervisory practices and issue guidelines to specify how similar risk profiles should be assessed for the purposes of this paragraph and to ensure a consistent and proportionate application of similar institutions-tailored methodologies across the Union. The guidelines shall be adopted in accordance with Article 16 of Regulation (EU) No 1093/2010."
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c a (new)
Article 1 – paragraph 1 – point 18 – point c a (new)
Directive 2013/36/EU
Article 98 – paragraph 7 a (new)
Article 98 – paragraph 7 a (new)
(ca) The following paragraph 7a is inserted: "7 a. With a view to the proportional application of the requirements laid down in this Directive and Regulation (EU) No 575/2013, when conducting the supervisory review and evaluation process the competent authorities shall outline in detail how they have taken account of the size and scope of the business operations of an institution as well as of the complexity of the risks stemming from the institution's business model."
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104 a – paragraph 2 – subparagraph 2
Article 104 a – paragraph 2 – subparagraph 2
For the purposes of the first subparagraph, the capital considered adequate shall cover all material rcompetent authorities may deem risks or elements of risks as not be regarded as being covered by Regulation (EU) No 575/2013 if they are explicitly excluded from the treatment in the own funds requirements set out in Parts Three, Four, Five and Seven of that regulation or are not covered by that regulation. Risks or elements of such risks thatwhich are not subject to a specific owregarded as being adequately covered by that regulation may include risks or elements of risks which have potentially been funds requirement. This may includeerestimated even though the applicable requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013 have been met. For the purposes of the first subparagraph, the capital considered adequate shall cover all material risks or elements of such risks that are explicitly excluded fromnot covered or not adequately covered by the own funds requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013.
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Directive 2013/36/EU
Article 131 – paragraph 3 – subparagraph 2
Article 131 – paragraph 3 – subparagraph 2
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
(d) Article 92a(1)(a) of Regulation (EU) No 575/2013 and in Articles 45c and 45d of Directive 2014/59/EU when calculated in accordance with point (a) of Article 45(2) of that Directive.