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Decision of 22 December 2011 amending the Prudential Rules Act in relation to the implementation of Directive No 2009 /111/EC of the European Parliament and of the Council of the European Union of 16 September 2009 amending Directives 2 0 0 6/4 8/EC, 2006 /49/EC and 2007 /64/EC as regards banks affiliated to central institutions, certain Own fund items, large exposures, supervisory framework and crisis management system (PbEU L 302)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Finance dated 20 October 2011, FM/2011/9863 M, Generale Thesaurie, Executive Board Financial Markets, Department of Financial Stability;
Having regard to the Articles 3:57, 2nd and Sixth Members and Article 3:63, 2nd member of the Financial Supervision Act ;
Having regard to Directive 2009 /111/EC of the European Parliament and the Council of the European Union of 16 September 2009 amending the Directive 2006/48 , 2006/49 and 2007 /64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, the supervisory framework and crisis management (PbEU L 302);
Having regard to Directive 2010 /76/EC of the European Parliament and of the Council of 24 November 2010 amending the Directives 2006 /48/EC and 2006 /49/EC in respect of the capital requirements for the trading book and for re-securitisations, as well as the prudential supervision of remuneration policies (Pb EU L 329);
The Department for the Advisory Board of the State heard (opinion of 14 December 2011, no. W06. 11.0450/III);
Having regard to the further report of our Minister of Finance dated 21 December 2011, FM/2011/10307 M;
Have found good and understand:
1 Banks or investment firms which do not meet the limits set by the limits of 31 December 2010 Article 69, eighth and ninth paragraph, of the Prudential Rules Decision adopt strategies and procedures to comply with these limits for the dates specified in paragraph 3.
2 These limits form part of the evaluation as referred to in Article 3:18a of the Law .
3 Instruments designated as equivalent by 31 December 2010 to the assets of the assets Article 91, second paragraph, points (a), (b) and (d) of the Decision prudential rules but not under Article 91, second paragraph, subparagraph a, of the Prudential Rules Act falls or does not meet the criteria as referred to in Article 91 of the EC Treaty. Article 91a of the Prudential Rules Decision shall be deemed to be subject to Article 91, second paragraph, of subparagraph (h) of the Prudential Rules Decision until 31 December 2040, without prejudice to the following restrictions:
a up to a maximum of 20 percent of the sum of the components of Article 91, second paragraph, points (a), (b), (c) and (d) of the Decision prudential rules reduced by the sum of the elements of Article 91 (3) (c) of the Prudential Rules of the Decision between 10 and 20 years after 31 December 2010;
(b) to 10% of the sum of the ingredients of Article 91, points (a), (b), (b), (a) and (d) of the Decision prudential rules reduced by the sum of the elements of Article 91 (3) (c) of the Prudential Rules of the Decision between 20 and 30 years after 31 December 2010.
If the Royal Message of 24 May 2010 submitted a proposal of the Act amending the Financial Supervision Act for the implementation of Directive No 17 of 24 May 2010. 2009 /111/EC of the European Parliament and of the Council of the European Union amending the Directives 2006 /48/EC , 2006 /49/EC and 2007 /64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory framework and crisis management (PbEU L 302) (Kamerpieces 32 787) until law is elevated and that law enters into force, this decision will be in effect at the same time.
This Decision is cited as: Decision implementing Directive 2009 /111/EC .
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 22 December 2011
Beatrix
The Minister of Finance,
J. C. de Jager
Published the twenty-ninth December 2011The Minister for Security and Justice,
I. W. Opstelten
