BETA

9 Amendments of Gabriel MATO related to 2016/0364(COD)

Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2013/36/EU
Article 2 – paragraph 5a
5a. This Directive shall not apply to an institution where the Commission establishes in a delegated act adopted pursuant to Article 148, on the basis of information available to it that the institution fulfils all of the following conditions, without prejudice to the application of state aid rules: (a) public law by a Member State's central government, regional government or local authority; (b) institution confirm that its activity is limited to advancing specified objectives of financial, social or economic public policy in accordance with the laws and provisions governing that institution, on a non-competitive, not for profit basis. For these purposes, public policy objectives may include the provision of financing for promotional or development purposes to specific economic activities, or geographical areas of the relevant Member State; (c) effective prudential requireit has been established under laws and provisions governing the it is subject to adequate and the central governments, including minimum own funds requirements, and to an adequate supervisory framework which has similar effect as the framework established under Union law; (d) government or local authority, as applicable, has an obligation to protect the institution's viability or directly or indirectly guarantees at least 90% of the institution's own funds requirements, funding requirements or exposures; (e) covered deposits as defined in point (5) of Article 2(1) of Directive 2014/49/EU of the European Parliament and of the Council12 ; (f) Member State where its head office is situated; (g) assets is below EUR 30 billion; (h) assets over the GDP of the Member State concerned is less than 20%; (i) relevance with regard to the domestic economy of the Member State concerned. The Commission shall regularly review whether an institution subject to a delegated act adopted pursuant to Article 148 continues to fulfil the conditions set out in the first subparagraph. __________________ 12 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (OJ L 173, 12.6.2014, p. 149)regional it is precluded from accepting its activities are confined to the the total value of the institution's the ratio of the institution's total the institution is not of significant
2018/02/02
Committee: ECON
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Directive 2013/36/EU
Article 2 – paragraph 7
(d) the following paragraph 7 is added: ‘ By [5 years after entry into force], the Commission shall review the list set out in Article 2(5) by considering whether the reasons that led to the inclusion of entities in the list are still valid, the national legal framework and supervision applicable to the entities in the list, the type and quality of deposit coverage of the entities in the list and, for entities of the type specified in paragraphs 2(5a) and 2(5b) taking into account also the criteria described therein.. ’deleted
2018/02/02
Committee: ECON
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Directive 2013/36/EU
Article 92 – paragraph 2 – introductory phrase
Competent authorities shall ensure that, when establishing and applying the total remuneration policies, inclusive of salaries and discretionary pension benefits, for categories of staff including senior management, risk takers, staff engaged in control functions and any employee receiving total remuneration that takes them into the same remuneration bracket as senior management and risk takers, whose professional activities have a material impact on their risk profile, institutions comply with the following principles in a manner that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities. In case of non-significant subsidiaries assessment it is expected to be made as if they were stand-alone companies.
2018/02/02
Committee: ECON
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point -a (new)
Directive 2013/36/EU
Article 94 – paragraph 1 – point g – point iii a (new)
(-a) In article 94, point g, the following point iiia is added: (iiia) The appropriate ratios set out in point (g)(i) and (g)(ii) of paragraph 1 shall not apply to a staff member that meets either of the following conditions: - carries out professional activities that are not exclusive of companies under the subjective scope of this Directive and Regulation (EU) No 575/2013 in a function or unit related to digital transformation of the institution or to the development of digital businesses; or - was already employed in a digital firm acquired by the institution and his or her remuneration scheme is set before or at the time of the acquisition and is conditional on continued employment in the company. An institution applying the previous paragraph shall keep a record of the professional activities carried out by the staff member and a reasoned explanation as to why one of the conditions identified above are met. This record should be readily available upon the request of the competent authority responsible for its prudential supervision. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0036)
2018/02/02
Committee: ECON
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – introductory part
By way of derogation from paragraph 1, the principles set out in points (g), (l), (m) and in the second subparagraph of point (o) shall, at a minimum, not apply to:
2018/02/02
Committee: ECON
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – point b
(b) a staff member whose annual variable remuneration does not exceed EUR 5100.000 and does not represent more than one fourth of the staff member's annual total remuneration.
2018/02/02
Committee: ECON
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3– subparagraph 2
By way of derogation from point (a), a competent authority may decide that institutions whose total asset value is below the threshold referred to in point (a) are not subject to the derogation because ofMember State may: (a) lower the threshold referred to in paragraph 3(a) taking into account the nature and scope of their activities, their internal organization or, if applicable, the characteristics of the group to which they belong; (b) increase the threshold referred to in paragraph 3(a) up to a maximum of EUR 15 billion taking into account the nature and scope of their activities, their internal organisation or, if applicable, the characteristics of the group to which they belong.
2018/02/02
Committee: ECON
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – subparagraph 3
By way of derogation from point (b), a competent authority may decide that staff members whose annual variable remuneration is belowMember State may modify the threshold and shares referred to in point (b) are not subject to the derogation because of national market specificities in terms of remuneration practices or because of the nature ofaragraph 3(b) taking into account the particularities of the remuneration practices in the relevant national market and the responsibilities and job profile of those staff members.
2018/02/02
Committee: ECON
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2013/36/EU
Article 109 – paragraph 3 a (new)
3 a. The remuneration requirements laid down in Articles 92, 94 and 95 shall not apply on a consolidated basis to either of the following: (a) Subsidiary undertakings established in the Union where those are subject to specific remuneration requirements in accordance with instruments of Union law; (b) Subsidiary undertakings established in a third country where these would be subject to specific remuneration requirements in accordance with applicable local regulations. (c) Subsidiary undertakings developing technology-enabled innovation in financial services that could result in new business models, applications, processes or products with an associated material effect on the provision of financial services.
2018/02/02
Committee: ECON