6 Amendments of Danuta Maria HÜBNER related to 2016/0360A(COD)
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 575/2013
Article 52 – paragraph 1 – point p
Article 52 – paragraph 1 – point p
(p) where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union or where it is established in a Member State, the law or contractual provisions governing the instruments require that, upon a decision by the resolution authority to exercise the power referred to in Article 59 of Directive 2014/59/EU, the principal amount of the instruments is to be written down on a permanent basis or the instruments are to be converted into Common Equity Tier 1 instruments;;
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
(q) where the issuer is established in a Member State or where it is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the instruments may only be issued under, or be otherwise subject to the laws of a third country where, under those laws, the exercise of the write down and conversion power referred to in Article 59 of Directive 2014/59/EU is effective and enforceable based on statutory provisions or legally enforceable contractual provisions that recognise resolution or other write-down or conversion actions;
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EU) No 575/2013
Article 54 – paragraph 1 – point d a (new)
Article 54 – paragraph 1 – point d a (new)
(19a) In Article 54, the following point (da) is inserted in paragraph 1: "(da) where the Additional Tier 1 instruments have been issued by a subsidiary undertaking established in a third country, the 5.125% or higher trigger referred to in point (a) shall be calculated in accordance with the third country law or contractual provisions governing the instruments, provided that the competent authority, after consulting EBA, is satisfied that those provisions are at least equivalent to the requirements set out in this Article."
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point c
Article 1 – paragraph 1 – point 23 – point c
Regulation (EU) No 575/2013
Article 63 – point n
Article 63 – point n
(n) where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union or where it is established in a Member State, the law or contractual provisions governing the instruments require that, upon a decision by the resolution authority to exercise the power referred to in Article 59 of Directive 2014/59/EU, the principal amount of the instruments is to be written down on a permanent basis or the instruments are to be converted into Common Equity Tier 1 instruments. Where the issuer is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the law or contractual provisions governing the instruments require that, upon a decision by the relevant third country authority, the principal amount of the instruments is to be written down on a permanent basis or the instruments converted into Common Equity Tier 1 instruments; .
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point d
Article 1 – paragraph 1 – point 23 – point d
Regulation (EU) No 575/2013
Article 63 – point o
Article 63 – point o
(o) where the issuer is established in a Member State or where it is established in a third country and has been designated according to article 12 of Directive 2014/59/EU as part of a resolution group the resolution entity of which is established in the Union, the instruments may only be issued under, or be otherwise subject to the laws of a third country where, under those laws, the exercise of the write down and conversion power referred to in Article 59 of Directive 2014/59/EU is effective and enforceable based on statutory provisions or legally enforceable contractual provisions that recognise resolution or other write-down or conversion actions;
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point iii
Article 81 – paragraph 1 – point a – point iii
(iii) an intermediate financial holding company in a third country that is subject to the same rules asprudential requirements as stringent as those applied to credit institutions of that third country and where the Commission has decided in accordance with Article 107(4) that those pruledential requirements are at least equivalent to those of this Regulation;