[ParlTrack]

Proposal for a directive
Article 32 a (new)

Article 32 a Required level of own funds 1. Subject to Articles 88 and 89 of Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms]1, institutions shall at all times satisfy the following own funds requirements: (a) a Common Equity Tier 1 capital ratio of 4.5 %; (b) a Tier 1 capital ratio of 6 %; (c) a total capital ratio of 8 %. 2. Institutions shall calculate their capital ratios as follows: (a) the Common Equity Tier 1 capital ratio is the Common Equity Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount; (b) the Tier 1 capital ratio is the Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount; (c) the total capital ratio is the own funds of the institution expressed as a percentage of the total risk exposure amount. 3. Total risk exposure amount shall be calculated as the sum of points (a) to (f) of this paragraph after taking into account the provisions laid down in paragraph 4: (a) the risk weighted exposure amounts for credit risk and dilution risk, calculated in accordance with Title II of Part Three, in respect of all the business activities of an institution, excluding risk weighted exposure amounts from the trading book business of the institution; (b) the own funds requirements, determined in accordance with Title IV of Part Three or Part Four, as applicable, for the trading-book business of an institution, for the following: (i) position risk; (ii) large exposures exceeding the limits specified in Articles 384 to 390, to the extent an institution is permitted to exceed those limits; (c) the own funds requirements determined in accordance with Title IV of Part Three or Title V of Part Three, as applicable, for the following: (i) foreign-exchange risk; (ii) settlement risk; (iii) commodities risk; (d) the own funds requirements calculated in accordance with Title VI for credit valuation adjustment risk of OTC derivative instruments other than credit derivatives recognised to reduce risk- weighted exposure amounts for credit risk; (e) the own funds requirements determined in accordance with Title III of Part Three for operational risk; (f) the risk weighted exposure amounts determined in accordance with Title II of Part Three for counterparty risk arising from the trading book business of the institution for the following types of transactions and agreements: (i) OTC derivative instruments and credit derivatives; (ii) repurchase transactions, securities or commodities lending or borrowing transactions based on securities or commodities; (iii) margin lending transactions based on securities or commodities; (iv) long settlement transactions. 4. The following provisions shall apply in the calculation of the total exposure amount referred to in paragraph 3: (a) the own funds requirements referred to in points (c) to (e) of paragraph 3 shall include those arising from all the business activities of an institution; (b) institutions shall multiply the own funds requirements set out in points (b) to (e) of paragraph 3 by 12.5. __________________ 1 Proposal for a regulation of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms Part I (reference to be added)

2012/03/07
Committee: ECON

Ildikó GÁLL-PELCZ, Danuta Maria HÜBNER, Iliana IVANOVA

Proposal for a directive
Article 40 – paragraph 2

Such reports may only be required for ~~information~~statistical, information or supervisory purposes and for the application of Article 52(1).

2012/03/07
Committee: ECON

Ildikó GÁLL-PELCZ, Danuta Maria HÜBNER, Iliana IVANOVA

Proposal for a directive
Article 51 – paragraph 4

4. The competent authorities of the home Member State shall communicate and explain upon request to the competent authorities of the host Member State how information and findings provided by the latter have been taken into account. Where, following communication of information and findings, the competent authorities of the host Member State maintains that no appropriate measures have been taken by the competent authorities of the home Member State, the competent authorities of the host Member State may after informing the competent authorities of the home Member State and the EBA take appropriate measures to prevent further irregularities to protect the interests of depositors, investors and others to whom services are provided or to protect financial stability. Where the competent authorities of the home member state disagree with the action to be taken by the host member state, the competent authorities of the home Member State may refer the matter to EBA in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case, EBA may act in accordance with the powers conferred on it by that Article. Where it acts, EBA shall take any decision within one month.

2012/03/07
Committee: ECON

Ildikó GÁLL-PELCZ, Danuta Maria HÜBNER, Iliana IVANOVA

Proposal for a directive
Article 53 – title

On-the-spot verification and inspection of branches established in another Member State

2012/03/07
Committee: ECON

Ildikó GÁLL-PELCZ, Danuta Maria HÜBNER, Iliana IVANOVA

Proposal for a directive
Article 53 – paragraph 1

1. Host Member States shall provide that, where an institution authorised in another Member State carries on its activities through a branch, the competent authorities of the home Member State may, after having first informed the competent authorities of the host Member State, carry out themselves or through the intermediary of persons they appoint for that purpose on-the-spot verification and inspection of the information referred to in Article 51.

2012/03/07
Committee: ECON

Iliana IVANOVA

Proposal for a directive
Article 127 – paragraph 1

1. Where a designated authority, in accordance with Article 126(5), or a relevant third country authority has set a countercyclical buffer rate in excess of 2.5% of the total risk exposure amount referred to in Article 87(3) of Regulation [inserted by OP], the other designated authorities may recognise that buffer rate for the purposes of the calculation by domestically authorised institutions of their institution specific countercyclical capital buffers.deleted

2012/03/07
Committee: ECON

Ildikó GÁLL-PELCZ, Danuta Maria HÜBNER, Iliana IVANOVA

Proposal for a directive
Article 150 – paragraph 3

3. By 31 December 2013, the Commission shall review and report on the application of Articles 103 and 104 and shall submit this report to the European Parliament and the Council, and if appropriate, a legislative proposal.deleted

2012/03/07
Committee: ECON

7 Amendments of Iliana IVANOVA related to 2011/0203(COD)

ParlTrack - 2011-2024