40 Amendments of Herbert DORFMANN related to 2011/0202(COD)
Amendment 166 #
Proposal for a regulation
Recital 27
Recital 27
(27) In line with the decision of the BCBS, as endorsed by the GHOS on 10 January 2011, all Additional Tier 1 and Tier 2 instruments of an systemically important financial institution should be fully and permanently written down or converted fully into Common Equity Tier 1 capital at the point of non-viability of the institution.
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
Amendment 469 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – introductory part
Article 46 – paragraph 3 – point b – introductory part
(b) where an institution referred to in Article 25 has a holding in another such institution, or in its central or regional credit institution, or in the parent undertaking of its central or regional credit institution, and the following conditions are met:
Amendment 477 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point i
Article 46 – paragraph 3 – point b – point i
(i) where the holding is in a central or regional credit institution, the institution with that holding is associated with that central or regional credit institution in a network subject to legal or statutory or contractual provisions and the central or regional credit institution is responsible, under those provisions, for cash-clearing operations within that network;
Amendment 478 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point ii
Article 46 – paragraph 3 – point b – point ii
(ii) the institutions referred to in Article 25 and its central or regional credit institution fall within the same institutional protection scheme referred to in Article 108(7);
Amendment 481 #
Proposal for a regulation
Article 46 – paragraph 3 – point b – point v
Article 46 – paragraph 3 – point b – point v
(v) the institution draws up and reports to the competent authorities the consolidated balance sheet referred to in point (e) of Article 108(7) no less frequently than own funds requirements are requiof the institutions that adhered to be reported under Article 95the scheme on an annual basis.
Amendment 491 #
Proposal for a regulation
Article 49 – paragraph 1 – point n
Article 49 – paragraph 1 – point n
(n) the provisions governing the instruments require the principal amount of the instruments to be written down, on a permanent or temporary basis or the instruments to be converted to Common Equity Tier 1 instruments, upon the occurrence of a trigger event;
Amendment 495 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1 – point b
Article 49 – paragraph 2 – subparagraph 1 – point b
(b) the nature of the write down of the principal amount; the nature of any write up of the principal amount of an Additional Tier 1 instrument following a write down of its principal amount on a temporary basis.
Amendment 496 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1 – point c – point ii
Article 49 – paragraph 2 – subparagraph 1 – point c – point ii
Amendment 497 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1 – point c – point iii
Article 49 – paragraph 2 – subparagraph 1 – point c – point iii
(iii) writing downup the principal amount of the instrument, or converting it to a Common Equity Tier 1 instrument, as applicablean additional Tier 1 instrument following a write down of its principal amount on a temporary basis;
Amendment 538 #
Proposal for a regulation
Article 79 – paragraph 1 a (new)
Article 79 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of minority interests included in consolidated Common Equity Tier 1 capital should be done without taking into account the individual waiver.
Amendment 551 #
Proposal for a regulation
Article 80 – paragraph 1 a (new)
Article 80 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 instruments included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
Amendment 553 #
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
Institutions shall determine the amount of qualifying Tier 1 capital of a subsidiary that is included in consolidated Additional Tier 1 capital by subtracting from the qualifying Tier 1 capital of that undertaking included in consolidated Tier 1 capital the minority interests of that undertaking that are included in consolidated Common Equity Tier 1 capital. If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver
Amendment 566 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
Amendment 568 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
Institutions shall determine the amount of qualifying own funds of a subsidiary that is included in consolidated Tier 2 capital by subtracting from the qualifying own funds of that undertaking that are included in consolidated own funds the qualifying Tier 1 capital of that undertaking that is included in consolidated Tier 1 capital. If a competent authority derogates from the application of prudential requirements on an individual basis, as laid down in Article 6, calculation of qualifying Tier 1 capital included in consolidated Tier 1 capital should be done without taking into account the individual waiver.
Amendment 587 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. Institutions that were already in existence on 1 January 1993, the own funds of which do not attain the amount of initial capital required may continue to carry on their activities. In that event, the own funds of those institutions may not fall below the highest level reached with effect from 22 December 1989, except when the cause for falling below this level is, that certain capital instruments, qualifying as own funds under Directive 2006/48/EC, do not qualify as own funds under this Regulation, or that there are new deduction rules.
Amendment 623 #
Proposal for a regulation
Article 114 – paragraph 1
Article 114 – paragraph 1
1. Exposures to institutions for which a credit assessment by a nominated ECAI is available shall be risk-weighted in accordance with Article 115. Exposures to institutions for which a credit assessment by a nominated ECAI is not available shall bOne of the two methods described in Article 115 paragraphs 1 and 2, and Article 116 shall apply in determining the risk- weighted in accordance with Article 116s for exposures to institutions.
Amendment 624 #
Proposal for a regulation
Article 114 – paragraph 2
Article 114 – paragraph 2
2. Exposures to institutions of a residual maturity of 3 months or less denominated and fundWithout prejudice to the other provisions of Article 116, exposures to financial institutions authorised and supervised inby the national currency shall be assigned a risk weight that is one category less favourable than the preferential risk weight, as described in Articles 109(4) and 109(5), assigncompetent authorities responsible for the authorisation and supervision of credit institutions and subject to prudential requirements equivalent to those applied to credit institutions shall be risk-weighted toas exposures to its central governmentnstitutions.
Amendment 625 #
Proposal for a regulation
Article 114 – paragraph 3
Article 114 – paragraph 3
3. No eExposures with a residual maturity of 3 months or less denominated and funded in the national currency of the borrowerto an unrated institution shall not be assigned a risk weight lessower than 20 %that applied to exposures to its central government.
Amendment 626 #
Proposal for a regulation
Article 114 – paragraph 4 – introductory part
Article 114 – paragraph 4 – introductory part
Amendment 627 #
Proposal for a regulation
Article 114 – paragraph 5
Article 114 – paragraph 5
Amendment 628 #
Proposal for a regulation
Article 115 – paragraph 3
Article 115 – paragraph 3
Amendment 632 #
Proposal for a regulation
Article 115 a (new)
Article 115 a (new)
Article 115 a Central government risk weight based method 1. Exposures to institutions shall be assigned a risk weight according to the credit quality step to which exposures to the central government of the jurisdiction in which the institution is incorporated are assigned in accordance with Table 3 Table 3 Credit quality step to which central government is assigned 1 2 3 4 5 6 Risk weight of exposure 20% 50% 100% 100% 100% 150% 2. For exposures to institutions incorporated in countries where the central government is unrated, the risk weight shall be not more than 100 %. 3. For exposures to institutions with an original effective maturity of three months or less, the risk weight shall be 20 %.
Amendment 633 #
Proposal for a regulation
Article 116
Article 116
Amendment 634 #
Proposal for a regulation
Article 116 a (new)
Article 116 a (new)
Article 116 a Credit assessment based method 1. Exposures to institutions with an original effective maturity of more than three months for which a credit assessment by a nominated ECAI is available shall be assigned a risk weight according to Table 4 in accordance with the assignment by the competent authorities of the credit assessments of eligible ECAIs to six steps in a credit quality assessment scale. Table 4 Credit quality step 1 2 3 4 5 6 Risk weight 20% 50% 50% 100% 100% 150% 2. Exposures to unrated institutions shall be assigned a risk weight of 50 %. 3. Exposures to an institution with an original effective maturity of three months or less for which a credit assessment by a nominated ECAI is available shall be assigned a risk weight according to Table 5 in accordance with the assignment by the competent authorities of the credit assessments of eligible ECAIs to six steps in a credit quality assessment scale: Table 5 Credit quality step 1 2 3 4 5 6 Risk weight 20% 20% 20% 50% 50% 150% 4. Exposures to unrated institutions having an original effective maturity of three months or less shall be assigned a 20 % risk weight.
Amendment 635 #
Proposal for a regulation
Article 116 b (new)
Article 116 b (new)
Amendment 636 #
Proposal for a regulation
Article 116 c (new)
Article 116 c (new)
Article 116 c Short-term exposures in the national currency of the borrower 1. Exposures to institutions of a residual maturity of 3 months or less denominated and funded in the national currency may, subject to the discretion of the competent authority, be assigned, under both methods described in Article 115 paragraphs 1 and 2, and Article 116, a risk weight that is one category less favourable than the preferential risk weight, assigned to exposures to its central government. 2. No exposures of a residual maturity of 3 months or less denominated and funded in the national currency of the borrower shall be assigned a risk weight less than 20 %.
Amendment 637 #
Proposal for a regulation
Article 116 d (new)
Article 116 d (new)
Article 116 d Investments in regulatory capital instruments 1. Investments in equity or regulatory capital instruments issued by institutions shall be risk weighted at 100 %, unless deducted from the own funds.
Amendment 638 #
Proposal for a regulation
Article 116 e (new)
Article 116 e (new)
Article 116 e Minimum reserves required by the ECB 1. Where an exposure to an institution is in the form of minimum reserves required by the ECB or by the central bank of a Member State to be held by the credit institution, Member States may permit the assignment of the risk weight that would be assigned to exposures to the central bank of the Member State in question provided: (a) the reserves are held in accordance with Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves or a subsequent replacement regulation or in accordance with national requirements in all material respects equivalent to that Regulation; and (b) in the event of the bankruptcy or insolvency of the institution where the reserves are held, the reserves are fully repaid to the credit institution in a timely manner and are not made available to meet other liabilities of the institution.
Amendment 655 #
Proposal for a regulation
Article 118 – paragraph 1 – point c a (new)
Article 118 – paragraph 1 – point c a (new)
(ca) The overall capital requirements for retail exposure should be adjusted by the balancing factor of 0.761.
Amendment 1141 #
Proposal for a regulation
Article 410 – paragraph 4 – subparagraph 3
Article 410 – paragraph 4 – subparagraph 3
Clearing, custody or cash management services referred to in point (a) only covers such services to the extent that they are rendered in the context of an established relationship on which the depositor has substantial dependency. They shall not merely consist in correspondent banking or prime brokerage services and the institution shall have objective evidence that the client is unable to withdraw those amounts over a 30 day horizon without compromising its operational functioning.
Amendment 1144 #
Proposal for a regulation
Article 410 – paragraph 4 a (new)
Article 410 – paragraph 4 a (new)
4a. Institutions shall multiply liabilities resulting from deposits that have to be maintained by the depositor in the context of an established operational relationship other than that mentioned under point (4): by 5% to the extent to which they are covered by a Deposit Guarantee Scheme according to Directive 94/19/EC or an equivalent deposit guarantee scheme in a third country and by 50% otherwise. When conducting the assessment referred to in Article 409(5), EBA shall also assess the calibration of corporate deposits. Pending a uniform definition of 'established relationship', institutions shall establish the criteria for qualifying as an 'established relationship'. Institutions shall follow any general guidance laid down by competent authorities for identifying deposits with established relationships.
Amendment 1151 #
Proposal for a regulation
Article 410 – paragraph 5
Article 410 – paragraph 5
5. Institutions shall multiply liabilities resulting from deposits by clients that are not financial customers by a rate between 50% and 75% to the extent they do not fall under paragraph 4. When conducting the assessment referred to in Article 409(5), EBA shall also assess the calibration of corporate deposits.
Amendment 1155 #
Proposal for a regulation
Article 410 – paragraph 7 – subparagraph 1 a (new)
Article 410 – paragraph 7 – subparagraph 1 a (new)
All notes, bonds and other debt securities issued by the bank are included in this category regardless of the holder, unless the bond is sold exclusively in the retail market and held in retail accounts, in which case instruments that become due within 30 days can be treated in the appropriate retail deposit category.
Amendment 1159 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point a
Article 410 – paragraph 8 – subparagraph 1 – point a
(a) the depositor is one of the following: (i) a parent or subsidiary institution of the institution or another subsidiary of the same parent institution or linked to the institution by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; or (ii) an institution falling within the same institutional protection scheme meeting the requirements of Article 108(7);
Amendment 1166 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 2 a (new)
Article 410 – paragraph 8 – subparagraph 2 a (new)
Institutions shall not report as outflow liabilities resulting from deposits by other institutions if they correspond to minimum reserves required by the ECB or by the central bank of a Member State.
Amendment 1167 #
Proposal for a regulation
Article 410 – paragraph 8 a (new)
Article 410 – paragraph 8 a (new)
8a. Deposits received as collateral shall not be considered liabilities for the purposes of the preceding Point 7 but will be subject to the provision of Article 411 where applicable.
Amendment 1216 #
Proposal for a regulation
Article 413 – paragraph 2 – point c
Article 413 – paragraph 2 – point c
(c) monies due that the institution owing those monies treats according to Article 410(4), shall be reduced by 75% any undrawn credit or liquidity facilities and any other commitments received shall not be taken into account.
Amendment 1227 #
Proposal for a regulation
Article 413 – paragraph 4 – subparagraph 1 – point b
Article 413 – paragraph 4 – subparagraph 1 – point b
(b) the provider iscounterpart is one of the following: i) a parent or subsidiary institution of the institution or another subsidiary of the same parent institution or linked to the institution by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; ii) an institution falling within the same institutional protection scheme meeting the requirements of Article 108(7); and
Amendment 1498 #
Proposal for a regulation
Article 477 a (new)
Article 477 a (new)
Article 477a By 31 December 2014 the Commission shall review and report on the application of Article 30 (c) and shall submit this report to the European Parliament and the Council and, if appropriate, a legislative proposal. With respect to the potential elimination of the Article 30 (c) and its potential application at the Union level, the review shall in particular ensure that sufficient safeguards are in place to ensure financial stability in all Member states.