30 Amendments of Leonardo DOMENICI related to 2011/0202(COD)
Amendment 155 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The report from the High Level Group on Financial Supervision in the European Union, chaired by Jacques de Larosière, stated that micro-prudential supervision cannot effectively safeguard financial stability without adequately taking account of macro-level developments, while macro-prudential oversight is not meaningful unless it can somehow impact on supervision at the micro level. Close cooperation between EBA and the ESRB is essential to give full effectiveness to the functioning of the ESRB and the follow-up to its warnings and recommendations. In particular, EBA should be able to transmit to the ESRB all relevant information gathered by competent authorities in accordance with the reporting obligations set out in this Regulation.
Amendment 165 #
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 institutions 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 355 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) capital instruments,Shares, as defined under the respective national law in Member States provided the conditions laid down in Article 26 are met;
Amendment 365 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. EBA shall establish, maintain and publish a list ofCompetent authorities shall notify EBA of the forms of shares they deem eligible according to their national law as Common Equity Tier 1 instruments. EBA shall evaluate these forms of capital instrumentshares on an on-going basis and develop a draft list of the forms of shares in each Member State that qualify as Common Equity Tier 1 instruments. in accordance with paragraph 5.. The EBA shawill establish and publish this list by 1 January 2013. Only the instruments included in this list are eligible to be classified as common equities tier1 for institutions. Upon a Member State's request or on its own initiative, the EBA may decide to request legal opinions in order to ascertain the eligibility of the forms of shares notified by Member States against the conditions defined in Article 26.
Amendment 417 #
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
(ba) unrealized gains or losses on EU sovereign debt that are valued at fair value and held in the available for sale category. Until the review of the IFRS due to eliminate the available for sale category, EBA shall draft technical standards to specify the conditions according to which point (ba) shall apply.
Amendment 427 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Institutions shall apply a risk weight in accordance with Chapter 2 or 3 of Title II of Part Three, as applicable, to deferred tax assets that do not rely on future profitabilitythe items referred to in points (a) and (b), and a risk weight of 100% to items referred to in point (c).
Amendment 429 #
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. Deferred tax assets that do not rely on future profitability compriseshall be limited to the following:
Amendment 431 #
Proposal for a regulation
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) deferred tax assets arising from temporary differences, which,ere all the following conditions are met: (i) they are automatically and mandatorily replaced without delay with a tax credit in the event that the institution incurreports a loss, becomes insolv when the annual financial statements or enters liquidaf the institution, are replaced, on a mandatory and automatic basis in accordance with the applicable national law, with a claimformally approved, or in the event of liquidation or insolvency proceedings; (ii) an institution shall be able under the applicable national tax law to offset a tax credit referred to in point (i) against any tax liability onf the central government of the Member State in which the institution is incorporated which shall absorb losses to the same degree as Common Equity Tier 1 instruments on a going concern basis and in the event of insolvency or liquidation of the institution. institution or any other undertaking included in the same consolidation as the institution for tax purposes under that law or any other undertaking subject to the supervision on a consolidated basis in accordance with Chapter 2 of Title II of Part One; where the amount of tax credits referred to in point (ii) exceeds the tax liabilities referred to in that point, any such excess is replaced without delay with a direct claim on the central government of the Member State in which the institution is incorporated.
Amendment 470 #
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 the parent undertaking of its central or regional credit institution, and the following conditions are met:
Amendment 476 #
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 479 #
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 482 #
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 490 #
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 - except for the provisions contained under Article 51, paragraph c), let.(i) below - to be written down, temporarily or the instruments to be converted to Common Equity Tier 1 instruments, upon the occurrence of a trigger event;
Amendment 494 #
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 permanent and temporarily write down of the principal amount;
Amendment 579 #
Proposal for a regulation
Article 87 – paragraph 3 – point a a (new)
Article 87 – paragraph 3 – point a a (new)
(aa) the risk weighted exposure amounts for credit risk for loans to SMEs (as defined in Title II Chapter 3 Section 2 Sub-section 2 Art.148 (4)) for which the risk weighted exposure amounts have to be calculated in accordance with Title II and then multiplied by 76.19% (application of an SMEs Supporting Factor);
Amendment 580 #
Proposal for a regulation
Article 87 – paragraph 3 – point a b (new)
Article 87 – paragraph 3 – point a b (new)
(ab) risk weighted exposure amounts from the trading book business of the institution;
Amendment 834 #
Proposal for a regulation
Article 372 – paragraph 1
Article 372 – paragraph 1
1. An institution shall calculate the own funds requirements for CVA risk in accordance with this Title for all OTC derivative instruments in respect of all of its business activities, other than those granted an exemption from clearing and collateralization under article 1 paragraph 4 and non financial counterparties not exceeding the clearing threshold as specified under Article 5 paragraph 3 of the European Market Infrastructure Regulation (EMIR), than credit derivatives recognised to reduce risk- weighted exposure amounts for credit risk.
Amendment 878 #
Proposal for a regulation
Article 389 – paragraph 1 – subparagraph 1 – point i a (new)
Article 389 – paragraph 1 – subparagraph 1 – point i a (new)
(ia) asset items constituting claims on institution in the form of minimum reserves required by ECB or by the central bank of a Member State to be held by an institution provided that the conditions laid down in Article 114 (4) are met;
Amendment 1158 #
Proposal for a regulation
Article 410 – paragraph 8 – subparagraph 1 – point a – introductory part
Article 410 – paragraph 8 – subparagraph 1 – point a – introductory part
(a) the depositor is one of 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 1201 #
Proposal for a regulation
Article 413 – paragraph 2 – introductory part
Article 413 – paragraph 2 – introductory part
2. The liquidity inflows shall be measured over the next 30 daysmonth rolling. They shall comprise only contractual inflows from exposures that are not past due and for which the bankinstitution has no reason to expect non- performance within the 30-daynext month rolling time horizon. The inflow shall be taken into account in full with the exception of the following:
Amendment 1210 #
Proposal for a regulation
Article 413 – paragraph 2 – point b
Article 413 – paragraph 2 – point b
(b) monies due from secured lending and capital market driven transactions as defined in Article 188 if they are collateralised by liquid assets, shall not be taken into account up to the value net of haircuts of the liquid assets and shall be taken into account in full for the remaining monies duecustomers that are not central banks or financial customers shall be reduced by 50% of their value. For this purpose, demand assets due from customers that are not financial customers are considered as having a contractual maturity equal to the date by which those customers must contractually repay in the event that the bank has called for repayment from that customers. Instead, this does not apply to monies due from secured lending and capital market driven transactions as defined in Article 188 that are collateralised by liquid assets according to Article 404;
Amendment 1212 #
Proposal for a regulation
Article 413 – paragraph 2 – point b a (new)
Article 413 – paragraph 2 – point b a (new)
(b a) Furthermore monies due that the institution owing those monies treats according to Article 410(4), as well as any undrawn credit or liquidity facilities and any other commitments received shall receive corresponding symmetric treatment.
Amendment 1213 #
Proposal for a regulation
Article 413 – paragraph 2 – point c
Article 413 – paragraph 2 – point c
Amendment 1226 #
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 1346 #
Proposal for a regulation
Article 443 – paragraph 1 – introductory part
Article 443 – paragraph 1 – introductory part
Amendment 1363 #
Proposal for a regulation
Article 443 – paragraph 1 – point k a (new)
Article 443 – paragraph 1 – point k a (new)
(k a) the requirements for large exposures, laid down in Article 381 and Articles 384 to 392;
Amendment 1367 #
Proposal for a regulation
Article 443 – paragraph 1 – point k b (new)
Article 443 – paragraph 1 – point k b (new)
(k b) the liquidity requirements and the leverage ratio [once introduced into the Union regulatory framework].
Amendment 1566 #
Proposal for a regulation
Article 482 – paragraph 1
Article 482 – paragraph 1
1. The Commission shall submit by 31 December 2016 a report on the impact and effectiveness of the leverage ratio to the European Parliament and the Council. Where appropriate, tThe report shall be accompanied by a legislative proposal on the introduction of one or more levels for the leverage ratio that institutions would be required to meet, suggesting an adequate calibration for those levels and any appropriate adjustments to the capital measure and the total exposure measure as defined in Article 416.
Amendment 1600 #
Proposal for a regulation
Article 485 – title
Article 485 – title
Amendment 1607 #
Proposal for a regulation
Article 485 – paragraph 2 – point b a (new)
Article 485 – paragraph 2 – point b a (new)
(b a) With regard to Article 87: an analysis of the SMEs Supporting Factor's appropriateness in achieving the goal of supporting economic recovery and growth in Europe without being detrimental for the banking industry's stability.