600

result(s)

Word(s)
Publication type
Author
Keyword
Date

Recovery and resolution of central counterparties

22-03-2017

This impact assessment builds a convincing case for action. It is mainly based on expert judgement by the Commission's departments and is backed up by relevant references, public consultation and coordination with international work-streams. The Commission states that the proposal, published in November 2016, is fully in line with the latest policy discussions and orientation by the Financial Stability Board and the G20, quoting a document from August 2016. Notwithstanding this, the Impact assessment ...

This impact assessment builds a convincing case for action. It is mainly based on expert judgement by the Commission's departments and is backed up by relevant references, public consultation and coordination with international work-streams. The Commission states that the proposal, published in November 2016, is fully in line with the latest policy discussions and orientation by the Financial Stability Board and the G20, quoting a document from August 2016. Notwithstanding this, the Impact assessment itself does not appear to have been fully updated since the summer of 2015. Therefore, some potentially important developments do not seem to be properly reflected in the IA. These include the recognition of non-EU central counterparties, the publication of new material, and the scenarios opened in the clearing world by the UK referendum of 23 June 2016.

EBA Draft Regulatory Technical Standards on Strong Customer Authentication and Secure Communication

22-03-2017

Art. 98 PSD2 mandated the European Banking Authority (EBA) to prepare draft Regulatory Technical Standards on strong customer authentication and secure communication (RTS on SCA&SC) in close cooperation with the ECB. After extensive consultation, the EBA finalised the draft on 23 February 2017 in the light of the feedback received. The final draft RTS balances the possibility for new providers and new payment services, with the introduction of a framework that ensures common IT approaches which ensure ...

Art. 98 PSD2 mandated the European Banking Authority (EBA) to prepare draft Regulatory Technical Standards on strong customer authentication and secure communication (RTS on SCA&SC) in close cooperation with the ECB. After extensive consultation, the EBA finalised the draft on 23 February 2017 in the light of the feedback received. The final draft RTS balances the possibility for new providers and new payment services, with the introduction of a framework that ensures common IT approaches which ensure a high level of security, e.g. by proper authentication of the payer.

Economic Dialogue with Croatia

22-03-2017

This note presents selected information on the current status of the EU economic governance procedures and related relevant information in view of an Economic Dialogue with Zdravko Maric, Croatia’s Minister for Finance, in the ECON committee of the European Parliament. The invitation for a dialogue is in accordance with the EU economic governance framework.

This note presents selected information on the current status of the EU economic governance procedures and related relevant information in view of an Economic Dialogue with Zdravko Maric, Croatia’s Minister for Finance, in the ECON committee of the European Parliament. The invitation for a dialogue is in accordance with the EU economic governance framework.

Hybrid mismatches with third countries

21-03-2017

Hybrid mismatch is a situation where a cross-border activity is treated differently for tax purposes by the countries involved, resulting in favourable tax treatment. Hybrid mismatches are used as aggressive tax planning structures, which in turn trigger policy reactions to neutralise their tax effects. When adopting the Anti-Tax Avoidance Directive in July 2016, the Council requested that the Commission put forward a proposal on hybrid mismatches involving third countries. The amendment proposed ...

Hybrid mismatch is a situation where a cross-border activity is treated differently for tax purposes by the countries involved, resulting in favourable tax treatment. Hybrid mismatches are used as aggressive tax planning structures, which in turn trigger policy reactions to neutralise their tax effects. When adopting the Anti-Tax Avoidance Directive in July 2016, the Council requested that the Commission put forward a proposal on hybrid mismatches involving third countries. The amendment proposed by the Commission on 25 October broadens the provisions of the directive accordingly. It seeks to neutralise mismatches by obliging Member States to deny the deduction of payments by taxpayers or by requiring taxpayers to include a payment or a profit in their taxable income. As this is a tax measure, Parliament is consulted only, and the proposal will be adopted by the Council. The Economic and Monetary Affairs Committee is preparing Parliament's opinion.

Presentation of the SSM 2016 Annual Report by Danièle Nouy, Chair of the Single Supervisory Mechanism (SSM)

21-03-2017

This note is prepared in view of a regular public hearing as referred to in Regulation 1024/2013 and the Interinstitutional Agreement between the EP and the European Central Bank. Ms Nouy will inter alia present the SSM Annual report 2016. The EP received a copy of that report on a confidential basis, under embargo until Thursday, 23 March 2016, at 9:00 CET. This briefing therefore does not use or refer to any information provided in that Annual report. The following issues are addressed in this ...

This note is prepared in view of a regular public hearing as referred to in Regulation 1024/2013 and the Interinstitutional Agreement between the EP and the European Central Bank. Ms Nouy will inter alia present the SSM Annual report 2016. The EP received a copy of that report on a confidential basis, under embargo until Thursday, 23 March 2016, at 9:00 CET. This briefing therefore does not use or refer to any information provided in that Annual report. The following issues are addressed in this briefing: key priorities for direct supervision in 2017, the key risks road map for 2017, the Supervisory Banking Statistics for the third quarter 2016, recent relevant publications by the SSM, and a summary of external briefing papers on conduct risk.

Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories

20-03-2017

Regulation 648/2012 intends to make derivative markets more stable, transparent and efficient. It implements G20 commitments on over-the-counter derivatives and on the mitigation of risks on financial markets. It establishes several important principles and rules applicable to derivative contracts, such as a clearing obligation or a reporting obligation, but also rules applicable to subjects active in the financial markets, such as central counterparties or trade repositories. The implementation ...

Regulation 648/2012 intends to make derivative markets more stable, transparent and efficient. It implements G20 commitments on over-the-counter derivatives and on the mitigation of risks on financial markets. It establishes several important principles and rules applicable to derivative contracts, such as a clearing obligation or a reporting obligation, but also rules applicable to subjects active in the financial markets, such as central counterparties or trade repositories. The implementation reports of the European Commission, as well as reports of the European Securities and Markets Authority and of the European Systemic Risk Board, show that the regulation in its current state needs several changes and amendments. These reports note the existing challenges linked with procyclicality, frontloading, management of systemic risk or the position of central counterparties and of the European Securities and Markets Authority. Furthermore, the unclear language of the regulation, missing and unclear definitions (e.g. 'client' or 'assets') and the issues linked with transparency should be considered when it comes to be amended. The European Parliament has called on the Commission on several occasions to update the financial legislation and improve the compliance with commitments on OTC derivatives reform set by the G20. Similarly, the European Economic and Social Committee has noted the need to update the existing legislation. Last, but not least, the European Commission itself has expressed the willingness to come forward with a new legislative proposal that will update the existing system of OTC derivatives, central counterparties and trade repositories. It is expected that the Commission will submit this proposal in June 2017.

Fines for Misconduct in the Banking Sector – What Is the Situation in the EU?

20-03-2017

This paper was drafted under supervision of the Economic Governance Support Unit. Misconduct (conduct) risk may be defined as the risk of losses to an institution arising from an inappropriate supply of financial services, including cases of willful or negligent misconduct. Based on EBA data, it generates the vast majority of operational risks expected by Europe’s top banks (€71bn according to the 2016 stress test). According to public-domain figures, misconduct costs have been rising strongly for ...

This paper was drafted under supervision of the Economic Governance Support Unit. Misconduct (conduct) risk may be defined as the risk of losses to an institution arising from an inappropriate supply of financial services, including cases of willful or negligent misconduct. Based on EBA data, it generates the vast majority of operational risks expected by Europe’s top banks (€71bn according to the 2016 stress test). According to public-domain figures, misconduct costs have been rising strongly for large European banks in 2011-2015, although no European lender matches the costs experienced by large US banks. The distribution of losses looks highly skewed, with a few exceptionally high costs. More than 55% originates from traditional areas like commercial and retail banking. There are signs that conduct costs (per unit of total assets) have been stronger for small and mid-sized institutions, and for banks that ended up in resolution or requiring some other form of extraordinary support. Conduct risk is addressed by a number of EU-wide regulations and supervisory standards. Still, only half of the EU’s competent authorities include conduct risk in their supervisory examination programmes. To discipline conduct risk ex post sanctions play a useful role, but should be complemented by ex ante tools like improving the quality of bank governance, preventing remuneration schemes that encourage inappropriate practices, encouraging whistle-blowing and improving the clarity of regulations to remove grey areas.

External author

Andrea Resti

Fines for Misconduct in the Banking Sector – What Is the Situation in the EU?

20-03-2017

This paper was drafted under supervision of the Economic Governance Support Unit. Bank regulators have the discretion to discipline banks by executing enforcement actions to ensure that banks correct deficiencies regarding safe and sound banking principles. We highlight the trade-offs regarding the execution of enforcement actions for financial stability. Following this we provide an overview of the differences in the legal framework governing supervisors’ execution of enforcement actions in the ...

This paper was drafted under supervision of the Economic Governance Support Unit. Bank regulators have the discretion to discipline banks by executing enforcement actions to ensure that banks correct deficiencies regarding safe and sound banking principles. We highlight the trade-offs regarding the execution of enforcement actions for financial stability. Following this we provide an overview of the differences in the legal framework governing supervisors’ execution of enforcement actions in the Banking Union and the United States. After discussing work on the effect of enforcement action on bank behaviour and the real economy, we present data on the evolution of enforcement actions and monetary penalties by U.S. regulators. We conclude by noting the importance of supervisors to levy efficient monetary penalties and stressing that a division of competences among different regulators should not lead to a loss of efficiency regarding the execution of enforcement actions.

External author

Martin R. Götz and Tobias H. Tröger

Fines for Misconduct in the Banking Sector – What Is the Situation in the EU?

20-03-2017

This paper was drafted under supervision of the Economic Governance Support Unit. The US system for addressing bank misconduct through fines delivers a number of lessons for the EU with regard to the design of bank enforcement architecture and the need to develop common approaches across national and EU levels with a view to avoiding regulatory arbitrage. Following the crisis, the highest money penalties imposed on banks in the US related to mis-selling of financial products – a criminal offence ...

This paper was drafted under supervision of the Economic Governance Support Unit. The US system for addressing bank misconduct through fines delivers a number of lessons for the EU with regard to the design of bank enforcement architecture and the need to develop common approaches across national and EU levels with a view to avoiding regulatory arbitrage. Following the crisis, the highest money penalties imposed on banks in the US related to mis-selling of financial products – a criminal offence falling under the remit of Department of Justice – rather than to breaches of prudential supervisory requirements.

External author

Elena Carletti

Financial technology (FinTech): Prospects and challenges for the EU

17-03-2017

FinTech, the abbreviation for financial technology, is a broad term. It is mainly used to refer to firms that use technology-based systems either to provide financial services and products directly, or to try to make the financial system more efficient. Examples include robotic trading, cashless payments, crowdfunding platforms, robo-advice, and virtual currencies. The value of global FinTech investment in 2015 grew by 75 % to US$22.3 billion. Corporates, venture capital and private equity firms ...

FinTech, the abbreviation for financial technology, is a broad term. It is mainly used to refer to firms that use technology-based systems either to provide financial services and products directly, or to try to make the financial system more efficient. Examples include robotic trading, cashless payments, crowdfunding platforms, robo-advice, and virtual currencies. The value of global FinTech investment in 2015 grew by 75 % to US$22.3 billion. Corporates, venture capital and private equity firms have invested more than US$50 billion in almost 2 500 global FinTech start-ups since 2010. The rapidly growing FinTech sector has its rewards and challenges (e.g. data and consumer protection issues, risk of exacerbating financial volatility and cybercrime) and is increasingly attracting political attention. The European Commission set up a Financial Technology Task Force (FTTF), and the European Parliament’s Economic and Monetary Affairs Committee (ECON) presented its draft report on FinTech in January 2017. At G20 level, the Financial Stability Board (FSB) will present its study scrutinising FinTech in July 2017. Due to the broad scope of FinTech, regulators can face a dilemma: rule-based regulatory frameworks set out compliance obligations clearly, but these are often expensive from a start-up perspective and could be an obstacle to innovation and job creation; principle-based regulation is more flexible, but could create some uncertainty as to what exactly is expected in terms of compliance.

Upcoming events

27-03-2017
LIBE-FEMM hearing on the EU accession to the Istanbul Convention - 27.03.2017
Hearing -
LIBE FEMM
28-03-2017
60th anniversary of the Rome Treaties and 25th anniversary of the Maastricht Treaty
Other event -
EPRS
28-03-2017
The Future of Science through Citizens Engagement
Other event -
STOA

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