22 Amendments of Danuta Maria HÜBNER related to 2021/0341(COD)
Amendment 126 #
Proposal for a directive
Recital 44
Recital 44
(44) Similarly, upon becoming bound by the output floor, the nominal amount of an institution’s CET1 capital required under the systemic risk buffer should not increase where there has been no increase in the macroprudential or systemic risks associated with the institution. In such cases, the institution’smay increase. As a rule, competent orand designated authorityies, as applicable, should review the calibration of the systemic risk buffer rates and make sure that they remain appropriate and do not double-count thenot impose systemic risk buffer requirements for risks thatwhich are already fully covered by virtue of the fact that the institution is bound by the output floor. More in general, competent and designated authorities, as applicable, should not impose systemic rthe output floor, regardless of whether or not an institution isk buffer requirements for risks which are already fully covereound by the output floor.
Amendment 131 #
Proposal for a directive
Recital 45
Recital 45
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2013/36/EU
Article 48a – paragraph 1 – point a
Article 48a – paragraph 1 – point a
(a) the total value of the assets booked or originated by the third country branch in the Member State is equal to or higher than EUR 5 billion, as reported for the immediately preceding annual reporting period in accordance with Section II, Sub- section 4;
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2013/36/EU
Article 48i – paragraph 1
Article 48i – paragraph 1
1. Member States shall require third country branches to maintain a registry book enabling those branches to track and keep a comprehensive and precise record of all the assets and liabilities originated by and associated with the activities of the third country branch in the Member State and to manage those assets and liabilities autonomously within the branch. The registry book shall provide sufficient information on the risks generated by the third country branch and on how they are managed.
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k – paragraph 3 – subparagraph 1 – point b
Article 48k – paragraph 3 – subparagraph 1 – point b
(b) where Article 111 does not apply to the relevant third country group, the competent authority that would become the consolidated supervisor of that third country group in the Union in accordance with that Article, should the third country branches be treated as subsidiary institutions of the same consolidated group of entities;
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k – paragraph 5 – subparagraph 3
Article 48k – paragraph 5 – subparagraph 3
For the purposes of point (a), the assets held or originated in both the third country branches and the assets held in subsidiary institutions of the third country group shall be included in the calculation.
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2013/36
Article 48l – paragraph 1 – subparagraph 1 – point a– introductory part
Article 48l – paragraph 1 – subparagraph 1 – point a– introductory part
(a) the assets and liabilities held on their books in accordance with Article 48i or originated by the third country branch, with a breakdown that singles out:
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48l – paragraph 2 – point f a (new)
Article 48l – paragraph 2 – point f a (new)
(f a) the direct provision of cross-border investment services in the Union by the head undertaking and by the subsidiaries of the head undertaking established in a third country, and the investment services that are provided in the Union by the head undertaking and by the subsidiaries of the head undertaking established in a third country on the basis of reverse solicitation.
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48l – paragraph 3 a (new)
Article 48l – paragraph 3 a (new)
3 a. The competent authorities of third country branches shall share with the competent authorities of the EU subsidiaries of the same third country groups the information obtained in accordance with Article 48l(1) and (2).
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
However, where it is strictly necessary to replace a member of the management body immediately, the entities may assess theconduct a lighter suitability assessment of such replacement members after they have taken up their positionsbefore they have taken up their positions. A complete assessment shall be carried out as soon as possible after the replacement members have taken up their positions. EBA shall issue guidelines specifying the conditions for conducting a lighter assessment, including guidance on the cases that might be considered urgent. The entities shall be able to duly justify such immediate replacement.
Amendment 429 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1
Article 91 b – paragraph 3 – subparagraph 1
3. Competent authorities shall acknowledge incomplete the suitability assessment writing thehin 80 working days ("assessment period") as from the date of the written acknowledgment of receipt of the complete application and theunderlying documentation required in accordance with paragraph 2 within two working days.. (This amendment should also be applied to Article 91d ¬ paragraph 3.)
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Article 91 b – paragraph 3 – subparagraph 2
Amendment 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including from the entities or other authorities or which conduct interviews or hearings, may extend the assessment period for a maximum of 40 working days. However, the assessment period shall not exceed 120 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities. Failure by the entities to provide the requested information within this deadline shall result in the procedure being closed without any further assessment by the competent authority. The closure of the procedure shall be without prejudice to the possibility for the entity to submit a new application.
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 4
Article 91 d – paragraph 4
4. Competent authorities that request from the entities referred to paragraph 1 additional information or documentation,additional information or documentation from the entities or other authorities or which conduct including interviews or hearings, may extend the assessment period for maximum 40 working days. However, the assessment period shall not exceed 120 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities referred to paragraph 1 shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities. Failure by the entities to provide the requested information within this deadline shall result in the procedure being closed without any further assessment by the competent authority. The closure of the procedure shall be without prejudice to the possibility for the entity to submit a new application.
Amendment 501 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 8 – subparagraph 1
Article 91 d – paragraph 8 – subparagraph 1
8. EBA shall develop draft implementing technical standards on standard forms, templates and procedures for the provision of the information referred to in paragraph 2. When developing the draft implementing technical standards, EBA shall take into account existing practices and tools. (Same sentence to be added to Article 91d ¬ paragraph 8.)
Amendment 536 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2013/36/EU
Article 104 a – paragraph 6 – subparagraph 1 a (new)
Article 104 a – paragraph 6 – subparagraph 1 a (new)
As soon as the competent authority has completed the review in point (b), point (a) shall no longer apply. In subsequent years, competent authorities will take the above into account in the context of the regular supervisory review and evaluation process.
Amendment 538 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2013/36/EU
Article 104 a – paragraph 6 – subparagraph 2
Article 104 a – paragraph 6 – subparagraph 2
For the purposes of this Article and Articles 131 and 133 of this Directive, an institution shall be considered as bound by the output floor when the institution’s total risk exposure amount calculated in accordance with Article 92(3), point (a), of Regulation (EU) No 575/2013 exceeds its un-floored total risk exposure amount calculated in accordance with Article 92(4) of that Regulation.
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2013/36/EU
Article 104 a – paragraph 6 a (new)
Article 104 a – paragraph 6 a (new)
6a. EBA shall, by 30 June 2023, issue guidelines complementing its guidelines on the Supervisory Review and Evaluation Process, which shall further specify how to operationalise the requirements set out in paragraph 6, and in particular: (a) how competent authorities shall reflect in their supervisory review and evaluation process the fact that an institution has become bound by the output floor; (b) how competent authorities and institutions shall communicate and disclose the impact on supervisory requirements of an institution becoming bound by the output floor.
Amendment 545 #
Proposal for a directive
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Directive 2013/36/EU
Article 131
Article 131
Amendment 553 #
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point b
Article 1 – paragraph 1 – point 31 – point b
Directive (EU) 2013/36
Article 133 – paragraph 2 a
Article 133 – paragraph 2 a
Amendment 556 #
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point c
Article 1 – paragraph 1 – point 31 – point c
Directive (EU) 2013/36
Article 133 – paragraph 8 – point c
Article 133 – paragraph 8 – point c
Amendment 559 #
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point d
Article 1 – paragraph 1 – point 31 – point d
Directive 2013/36/EU
Article 133 – paragraph 9 – point g
Article 133 – paragraph 9 – point g