50 Amendments of Robert GOEBBELS related to 2011/0202(COD)
Amendment 173 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(5a) This Regulation should not affect the ability of competent authorities to maintain pre-approval processes regarding the contracts governing Additional Tier 1 and Tier 2 capital instruments. In these cases such capital instruments may only be computed towards the institution's Additional Tier 1 capital or Tier 2 capital once they have successfully completed these approval processes.
Amendment 175 #
Proposal for a regulation
Recital 53 b (new)
Recital 53 b (new)
(53b) Debt instruments such as subordinated loans should qualify as capital instruments as long as they meet the conditions set out in part two of this regulation.
Amendment 198 #
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) It can not be taken for granted that credit institutions or investment firms will receive liquidity support from other credit institutions or investment firms belonging to the same group when they experience difficulties to meet their payment obligations. However, subject to stringent conditions and the individual agreement of all competent authorities involved, competent authorities should be able to waive the application of the LCR to individual credit institutions or investment firms and subject those credit institutions or investment firms to a consolidated requirement, in order to allow institutions to manage their liquidity centrally at the group level or subgroup level.
Amendment 200 #
Proposal for a regulation
Recital 75 b (new)
Recital 75 b (new)
(75b) In the same vein, where no waiver is granted, liquidity flows between two institutions belonging to the same group and which are subject to consolidated supervision, should, when the LCR becomes a binding measure, receive preferential inflow and outflow rates only in those cases where all the necessary safeguards are in place. Such specific preferential treatments should be narrowly defined and linked to the fulfilment of a number of stringent and objective conditions. The specific treatment applicable to a given intra- group flow should be obtained through a methodology using objective criteria and parameters in order to determine specific levels of inflows and outflows between the institution and the counterparty. Based on the observations and supported by the EBA report, the Commission should lay down these specific intra-group treatments, the methodology together with the objective criteria to which they are linked as well as joint decision modalities for the assessment of those criteria in a co-decision act in accordance with article 481 of this Regulation.
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘'collective investment undertaking (CIU)’' means an Alternative Investment Fund as defined by Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and the Council of 8 June 2011 on Alternative Investment Fund Managers or an undertaking for collective investment in transferable securities (UCITS) as defined in Article 1 of Directive 2009/65/EU of the European Parliament and the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS). including third country entities, that carry out similar activities, that are subject to supervision pursuant to EU legislation or to legislation of a third country which applies supervisory and regulatory requirements at least equivalent to those applied in the Union;
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
For the purposes of this Regulation, exposures to recognised third-country investment firms and exposures to recognised clearing houses and exchanges shall be treated as exposures to institutions, unless otherwise provided.
Amendment 264 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities shallmay waive in full or in part the application of Article 401 to a parent institution and to all or some of its subsidiaries in the European Union and supervise them as a single liquidity sub- group so long as they fulfil all of the following conditions:
Amendment 309 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – point b
Article 18 – paragraph 1 – subparagraph 1 – point b
Amendment 315 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b
Article 18 – paragraph 2 – subparagraph 1 – point b
Amendment 318 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
Amendment 322 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
In the absence of a joint decision between the competent authorities within six months, the consolidating supervisor shall make its own decision on paragraph 1(a) and 1(b). The decision of the consolidating supervisor on paragraph 1(b) shall not limit the powers of the competent authorities under Article 102.
Amendment 332 #
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1
Article 18 – paragraph 7 – subparagraph 1
EBA shall develop draft implementing technical standards to specify the joint decision process referred to in paragraph 1(a), with regard to the applications for permissions referred to in Articles 138(1), 146(9), 301(2), 277, 352, and for the liquidity intra-group treatment referred to in paragraph 1(b) with a view to facilitating joint decisions.
Amendment 337 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
However, any competent authority may during the six months period refer to EBA the question whether the conditions of (a) to (d) of Article 7(1) are met and request its assistance. In this case, EBA may carry out its non-binding mediation in accordance with Article 1931(c) of Regulation No (EC) 1093/2010. If at the end of the six month period any of the competent authorities concerned has done so, all the competent authorities involved shall defer their decisions pending a decision by EBA. Such decision shall be taken within three months of the request. Once EBA has taken its decision, the competent authorities shall take their decisions concerning the conditions (a) to (d) of Article 7(1), in conformity with then such case, all the competent authorities involved shall defer their decisions pending the conclusion of the non-binding mediation. Where, during the mediation, no agreement has been reached by the competent authorities within 3 months, each competent authority responsible for supervision on an individual basis shall take its own decision of EBA. The matter shall not be referred to EBA after the end of the six month period or after a joint decision has been reached.
Amendment 340 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
The joint decision referred to in paragraph 1 and the decision referred to in the previous subparagraph shall be binding in accordance with Article 19(3) of Regulation No (EC) 1093/2010.
Amendment 341 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 343 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 524 #
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 any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 530 #
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 any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 541 #
Proposal for a regulation
Article 80 – paragraph 1 – point a – introductory part
Article 80 – paragraph 1 – point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:
Amendment 544 #
Proposal for a regulation
Article 80 – paragraph 1 – point a – point i
Article 80 – paragraph 1 – point a – point i
(i) the amount of Tier 1 capital of the subsidiary required to meet the sum of the requirement laid down in point (b) of Article 87(1) and the combined buffer referred to in Article 122(2)of Directive [inserted by OP] and any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 548 #
Proposal for a regulation
Article 80 – paragraph 1 – point a – point ii
Article 80 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (b) of Article 87(1) and the combined buffer referred to in Article 122(2)of Directive [inserted by OP] and any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 555 #
Proposal for a regulation
Article 82 – paragraph 1 – point a – introductory part
Article 82 – paragraph 1 – point a – introductory part
(a) the own funds of the subsidiary minus the lower of the following:
Amendment 559 #
Proposal for a regulation
Article 82 – paragraph 1 – point a – point i
Article 82 – paragraph 1 – point a – point i
(i) the amount of own funds of the subsidiary required to meet the sum of the requirement laid down in point (c) of Article 87(1) and the combined buffer referred to in Article 122(2) of Directive [inserted by OP] and any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 563 #
Proposal for a regulation
Article 82 – paragraph 1 – point a – point ii
Article 82 – paragraph 1 – point a – point ii
(ii) the amount of own funds that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 87(1) and the combined buffer referred to in Article 122(2)of Directive [inserted by OP] and any specific own funds requirement referred to in article 100 of Directive [inserted by OP] plus a significant margin as determined by the competent authority of the subsidiary. The amount shall also take into account, where relevant, article 476 and any requirements imposed under article 443;
Amendment 588 #
Proposal for a regulation
Article 94 – paragraph 1 a (new)
Article 94 – paragraph 1 a (new)
By derogation to paragraph 1, competent authorities may require that institutions effect the valuation of assets and off- balance-sheet items in accordance with International Accounting Standards as applicable under Regulation (EC) No 1606/2002.
Amendment 621 #
Proposal for a regulation
Article 111 – paragraph 6
Article 111 – paragraph 6
Amendment 662 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 1
Article 119 – paragraph 2 – subparagraph 1
Based on the data collected under Article 96, and any other relevant indicators, the competent authorities shall periodically, and at least annually, assess whether the risk-weight of 35% for exposures secured by mortgages on residential property referred to in Article 120 and the risk weight of 50% for exposures secured on commercial immovable property referred to in Article 121 located in its territory are appropriate based on the default experience of exposures secured by immovable property and taking into account forward- looking immovable property markets developments, and may set a higher risk weight or stricter criteria than those set out in Article 120(2) and 121(2), where appropriate, on the basis of financial stability considerations. EBA shall coordinate the assessments carried out by the competent authorities.
Amendment 664 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 2
Article 119 – paragraph 2 – subparagraph 2
Amendment 665 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 3
Article 119 – paragraph 2 – subparagraph 3
Amendment 666 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 4
Article 119 – paragraph 2 – subparagraph 4
Amendment 667 #
Proposal for a regulation
Article 119 – paragraph 2 – subparagraph 5
Article 119 – paragraph 2 – subparagraph 5
Amendment 721 #
Proposal for a regulation
Article 137 – paragraph 1 – point 4 – point a – point v a (new)
Article 137 – paragraph 1 – point 4 – point a – point v a (new)
(va) a financial institution;
Amendment 722 #
Proposal for a regulation
Article 137 – paragraph 1 – point 4 – point a – point v b (new)
Article 137 – paragraph 1 – point 4 – point a – point v b (new)
(vb) a mixed financial holding company;
Amendment 723 #
Proposal for a regulation
Article 137 – paragraph 1 – point 4 – point a – point v c (new)
Article 137 – paragraph 1 – point 4 – point a – point v c (new)
(vc) a collective investment undertaking (CIU);
Amendment 724 #
Proposal for a regulation
Article 137 – paragraph 1 – point 4 – point a – point v d (new)
Article 137 – paragraph 1 – point 4 – point a – point v d (new)
(vd) a central counterparty (CCP) fulfilling the conditions set out in Article 295(2).
Amendment 771 #
Proposal for a regulation
Article 190 – paragraph 3 – point b
Article 190 – paragraph 3 – point b
Amendment 772 #
Proposal for a regulation
Article 190 – paragraph 5 – point b
Article 190 – paragraph 5 – point b
Amendment 773 #
Proposal for a regulation
Article 190 – paragraph 10 – subparagraph 1 – point a
Article 190 – paragraph 10 – subparagraph 1 – point a
Amendment 774 #
Proposal for a regulation
Article 190 – paragraph 10 – subparagraph 1 – point c
Article 190 – paragraph 10 – subparagraph 1 – point c
Amendment 859 #
Proposal for a regulation
Article 374 a (new)
Article 374 a (new)
Article 374a Alternative to using CVA methods to calculating own funds requirements As an alternative to Article 374, for instruments referred to in Article 372(1) and subject to the prior consent of the competent authority, institutions using the Original Exposure Method as laid down in Article 270, may apply a multiplication factor of 4 to the risk-weighted exposure amounts for credit risk instead of calculating own funds requirements for CVA risk.
Amendment 1165 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point d
Article 410 – paragraph 8 – subparagraph 1 – point d
(d) the institution and the depositor are established in the same Member State unless Article 18(1)(b) applies.
Amendment 1233 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point c
Article 413 – paragraph 4 – subparagraph 1 – point c
(c) the institution and the provider shall be established in the same Member State unless Article 18(1)(b) applies.
Amendment 1345 #
Proposal for a regulation
Article 443 – paragraph 1 – introductory part
Article 443 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 445, to impose stricter prudential requirements, for a limited period of time, for all exposures or for exposures to one or more sectors, regions orone year, for all Member States, where this is necessary to address changes in the intensity of micro-prudential and macro-prudential risks in Europe which arise from market developments emerging after the entry into force of this Regulation, in particular upon the recommendation or opinion of the ESRB or EBA, concerning:
Amendment 1431 #
Proposal for a regulation
Article 450 – paragraph 2 – introductory part
Article 450 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the applicable percentage shall be 0 % during the period from 1 January 2013 to 31 December 20134, and shall, after that date, fall within the following ranges:
Amendment 1432 #
Proposal for a regulation
Article 450 – paragraph 2 – point a
Article 450 – paragraph 2 – point a
Amendment 1476 #
Proposal for a regulation
Article 471 a (new)
Article 471 a (new)
Article 471a By way of derogation from article 4(23)(b), eligible capital may include Tier 2 capital up to the following: (a) 100 % of Tier 1 capital during the period from 1 January 2013 to 31 December 2013; (b) 80 % of Tier 1 capital during the period from 1 January 2014 to 31 December 2014; c) 60 % of Tier 1 capital during the period from 1 January 2015 to 31 December 2015; (d) 40 % of Tier 1 capital during the period from 1 January 2016 to 31 December 2016.
Amendment 1495 #
Proposal for a regulation
Article 476 a (new)
Article 476 a (new)
Article 476a By derogation from article 18, and pending further coordination as set out in article 481 and the definition of a methodology which uses objective criteria and parameters in order to determine specific inflow and outflow levels for intra-group flows between the institution and the counterparty, competent authorities may waive condition (d) of article 410(8) and condition (c) of article 413(4) where the counterparty is covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation, Directive 2002/87/EC or with equivalent standards in force in a third country and where they apply the following: (a) The competent authorities shall work together, in full consultation and shall do everything within their power to reach a joint decision within six months. This joint decision shall be set out in a document containing the fully reasoned decision, highlighting the objective criteria which justify the preferential treatment. This document shall be provided to the institution and the EBA by the consolidating supervisor. (b) The period referred to in point (a) shall begin on the date of receipt by competent authorities of a report prepared by the consolidating supervisor analysing intra group commitments within the group. (c) In the absence of a joint decision between the competent authorities within six months, the supervisor of the subsidiary shall make its own decision which shall be binding for both, the supervisor of the subsidiary and the consolidating supervisor. The decision shall be set out in a document containing the fully reasoned decision, highlighting the objective criteria which justify the preferential treatment, This document shall be provided to the institution and the EBA by the consolidating supervisor.
Amendment 1500 #
Proposal for a regulation
Article 478 – paragraph 1
Article 478 – paragraph 1
The Commission shall, by 31 December 2015 and after consulting the EBA, report to the Parliament and the Council, together with any appropriate proposals, whether the risk weights laid down in Article 124 and the own funds requirements for specific risk in Article 325(5) are adequate for all the instruments that qualify for these treatments and whether the criteria in Article 124 should be made stare appropricater.
Amendment 1520 #
Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point c a (new)
Article 481 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) providing for specific lower outflow and/or higher inflow rates for intra-group flows. The report shall specify under which conditions such specific in- or outflow rates would be justified from a prudential point of view and shall set out the high level outline of a methodology using objective criteria and parameters in order to determine specific levels of inflows and outflows between the institution and the counterparty when they are not established in the same Member State.
Amendment 1542 #
Proposal for a regulation
Article 481 – paragraph 2 a (new)
Article 481 – paragraph 2 a (new)
2 a. By 31 December 2013, the Commission shall submit a legislative proposal to the European Parliament and Council to introduce the liquidity coverage requirement according to Article 401 by 31 December 2015 at the latest. In particular, the Commission shall point out where appropriate specific treatments for intra-group, taking into account the report referred to in paragraph 1.