1530

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Banking Union: Completing the Single Rule Book

18-07-2019

This briefing provides an insight into where banking legislation stands in terms of providing a ‘single rule book’ for the purposes of supervising banks in the Banking Union It also identifies the key areas where further harmonisation would facilitate both supervision and resolution.

This briefing provides an insight into where banking legislation stands in terms of providing a ‘single rule book’ for the purposes of supervising banks in the Banking Union It also identifies the key areas where further harmonisation would facilitate both supervision and resolution.

Public hearing with Elke König, Chair of the Single Resolution Board, on the SRB Annual Report 2018 - ECON on 22 July 2019

18-07-2019

This note is prepared in view of a public hearing with the Chair of the Single Resolution Board (SRB), Elke König who will inter alia present the SRB 2018 Annual Report.

This note is prepared in view of a public hearing with the Chair of the Single Resolution Board (SRB), Elke König who will inter alia present the SRB 2018 Annual Report.

Banking Union: What next?

18-07-2019

This briefing summarises the key areas of possible regulatory initiatives with a view to further completing the Banking Union: (1) EDIS, (2) Further harmonisation of banking law (“single rule book’), (3) Home/host issues, (4) Resolution financing, (5) Further harmonisation of insolvency law, (6) safe assets and regulatory treatment of sovereign exposures and (7) AML supervision. These issues are further explained in additional thematic briefings.

This briefing summarises the key areas of possible regulatory initiatives with a view to further completing the Banking Union: (1) EDIS, (2) Further harmonisation of banking law (“single rule book’), (3) Home/host issues, (4) Resolution financing, (5) Further harmonisation of insolvency law, (6) safe assets and regulatory treatment of sovereign exposures and (7) AML supervision. These issues are further explained in additional thematic briefings.

An Effective Regime for Non-viable Banks: US Experience and Considerations for EU Reform

17-07-2019

For 85 years, the US regime for non-viable banks has maintained a high degree of stability and public confidence by protecting deposits, while working to minimize the public cost of that protection. With awareness of the difference in context, EU reformers can draw valuable insights from the US experience. On balance, a review of the US regime supports arguments in favour of harmonization and centralization of bank insolvency proceedings and deposit insurance in Europe’s banking union. A unitary ...

For 85 years, the US regime for non-viable banks has maintained a high degree of stability and public confidence by protecting deposits, while working to minimize the public cost of that protection. With awareness of the difference in context, EU reformers can draw valuable insights from the US experience. On balance, a review of the US regime supports arguments in favour of harmonization and centralization of bank insolvency proceedings and deposit insurance in Europe’s banking union. A unitary regime would improve on the current EU status quo along multiple dimensions: deposit protection, creditor rights, controlling moral hazard, predictability and operational effectiveness, transparency and accountability, and financial stability. It would help break the bank-sovereign vicious circle in the euro area. The US experience suggests that substantial improvements are achievable in a well-designed system of institutional checks and balances that learns and adapts over time.

Auteur externe

A.Gelpern, N.Véron

Banking Union: Towards new arrangements for the provision of liquidity in resolution?

16-07-2019

The recent case of Banco Popular has shown the importance of liquidity funding in the context of bank resolution. The Eurogroup report endorsed by the December 2018 Euro Summit noted the “broad support for the assessment of the institutions [i.e. ECB, SRB and Commission] that there are limitations in the current framework [for liquidity provision in resolution] which may hamper its effectiveness. The June 2019 Euro summit has not yet reached any conclusions on the design of that liquidity facility ...

The recent case of Banco Popular has shown the importance of liquidity funding in the context of bank resolution. The Eurogroup report endorsed by the December 2018 Euro Summit noted the “broad support for the assessment of the institutions [i.e. ECB, SRB and Commission] that there are limitations in the current framework [for liquidity provision in resolution] which may hamper its effectiveness. The June 2019 Euro summit has not yet reached any conclusions on the design of that liquidity facility, as planned. The Eurogroup is expected to report back to the Euro-Summit in December 2019. This briefing (1) describes the existing arrangements in the Banking Union, (2) compares those arrangements with the US and the UK regimes and (3) echoes ongoing reflections on possible new arrangements with a view to completing the Banking Union. This briefing is an updated version of a briefing initially drafted in July 2018.

Banking Union: Defusing the “home/host” debate

16-07-2019

While a banking group located in the Banking Union is supervised by a single supervisor (SSM) and no longer by home and host supervisors, subsidiaries are subject to individual requirements with remaining national powers over legal entities of a group. Further integration of banking groups’ risk management has been identified by the Chair of the Single Supervisory Mechanism (SSM) as one of the remaining steps to completing the Banking Union. For the Chair of the SSM, there are “still obstacles to ...

While a banking group located in the Banking Union is supervised by a single supervisor (SSM) and no longer by home and host supervisors, subsidiaries are subject to individual requirements with remaining national powers over legal entities of a group. Further integration of banking groups’ risk management has been identified by the Chair of the Single Supervisory Mechanism (SSM) as one of the remaining steps to completing the Banking Union. For the Chair of the SSM, there are “still obstacles to the integrated management of bank capital and liquidity within cross-border groups operating in the banking union”. As the SSM put it “the fences should be removed; they are out of place within a banking union where the concept of home and host supervisors has disappeared”.

European Central Bank appointments: Role of the European Parliament

15-07-2019

The European Parliament plays an important role in the appointment processes of two European Central Bank bodies: the Executive Board and the Supervisory Board (Chair and Vice-Chair). This paper aims to: a) provide an overview of the relevant procedural provisions, b) present a selection of past appointments; and c) describe the evolving role of the European Parliament in those procedures. This document was prepared by Policy Department A for the Economic and Monetary Affairs Committee.

The European Parliament plays an important role in the appointment processes of two European Central Bank bodies: the Executive Board and the Supervisory Board (Chair and Vice-Chair). This paper aims to: a) provide an overview of the relevant procedural provisions, b) present a selection of past appointments; and c) describe the evolving role of the European Parliament in those procedures. This document was prepared by Policy Department A for the Economic and Monetary Affairs Committee.

Single-limb collective action clauses: A short introduction

05-07-2019

Sovereign bonds, the most common form of sovereign debt, have specific characteristics. They are issued by national debt management offices on the primary market and subsequently traded on secondary markets. Loan agreements signed at the issuance of sovereign bonds on the primary market may include collective action clauses (CACs) aimed at making restructuring more orderly and predictable. CACs have been included in loan agreements and bond contracts since the 1990s. These clauses enable a 'supermajority ...

Sovereign bonds, the most common form of sovereign debt, have specific characteristics. They are issued by national debt management offices on the primary market and subsequently traded on secondary markets. Loan agreements signed at the issuance of sovereign bonds on the primary market may include collective action clauses (CACs) aimed at making restructuring more orderly and predictable. CACs have been included in loan agreements and bond contracts since the 1990s. These clauses enable a 'supermajority' of creditors to modify essential payment terms of the contract, thus overcoming the problem posed by holdout creditors. Indeed, while debt restructuring involves benefits for both debtor countries and their creditors, there are also incentives for both parties to delay the process. Certain creditors, for instance, are tempted to hold out, and are therefore referred to as holdout creditors. Their incentive for holding out is the chance that they might recover their investment either in full or in a higher amount than the debtor country has offered in the restructuring agreement. While a holdout can bring creditors great gains, it has significant negative consequences for debtor countries and, in the worst case, can jeopardise the restructuring process. CACs can have one or two 'limbs'. While the EU Member States that are in the euro area decided in 2011 to include two-limb CACs in sovereign debt issued after 2013, the Greek restructuring experience and recent New York court decisions relative to sovereign debt have shown that such CACs can protect sovereign debtors only up to a certain point. Therefore, in the context of the euro-area governance reform, the Eurogroup has proposed that euro-area leaders should work for the introduction of single-limb CACs by 2022, and included this commitment in the draft revised text of the European Stability Mechanism Treaty.

Multinational enterprises, value creation and taxation: Key issues and policy developments

03-07-2019

The substantial reduction in trade costs and the rapid technological advances characterising the global economy over the past three decades have allowed multinational enterprises (MNEs) to increasingly break up their supply chains and spread them across different countries. The principal implication of this change relates to the concept of value added and the way it is created and captured across MNE-controlled global value chains (GVCs). The dynamic nature of transfers within MNEs, the increasing ...

The substantial reduction in trade costs and the rapid technological advances characterising the global economy over the past three decades have allowed multinational enterprises (MNEs) to increasingly break up their supply chains and spread them across different countries. The principal implication of this change relates to the concept of value added and the way it is created and captured across MNE-controlled global value chains (GVCs). The dynamic nature of transfers within MNEs, the increasing role of services and intangible assets in manufacturing, and most critically the unfolding digital revolution have all intensified the mobility of value-generating factors within GVCs, and highlighted the difficulty of defining the exact location where value is generated. These developments have significant policy implications. One critical area is that of tax policy, where the challenges posed by the new economic landscape are numerous and multifaceted. On the one hand, governments seek to encourage trade and investment by MNEs by removing tax and regulatory barriers they face. Some governments go even further by resorting to harmful tax competition that drives corporate income taxes to the bottom. At the same time, many MNEs continue to employ enhanced tax arbitrage to minimise their tax obligations across jurisdictions; furthermore, business models are increasingly becoming borderless and highly mobile, and therefore difficult to tax. In view of these challenges, consensus is gradually emerging that tax systems need improved alignment to ensure that profits are taxed where the economic activities generating them are performed and where value is created. Yet, allocating jurisdiction to tax business profits in the context of MNE-controlled GVCs remains a highly complex process.

Towards unified representation for the euro area within the IMF

02-07-2019

Looking back on 20 years of the euro, it is widely acknowledged that it has proved successful as the common currency of the euro area, and that it has also developed into a vehicle for international trade, having become the second most widely used currency in the world. However, this growing international role is not reflected in the external representation of the euro in international financial fora, notably the International Monetary Fund (IMF). Over the years, various attempts have been made to ...

Looking back on 20 years of the euro, it is widely acknowledged that it has proved successful as the common currency of the euro area, and that it has also developed into a vehicle for international trade, having become the second most widely used currency in the world. However, this growing international role is not reflected in the external representation of the euro in international financial fora, notably the International Monetary Fund (IMF). Over the years, various attempts have been made to change this. The latest of these attempts came in the wake of the Five Presidents' Report of 2015, which subsequently led to a Commission proposal for a Council decision on unified representation of the euro area in the IMF. The proposal aims to secure representation of the euro area on the IMF's Executive Board through the creation of a single euro-area constituency, and by the Eurogroup in the remaining IMF bodies. Member States have shown reluctance to give up the current form of representation on the IMF Executive Board in favour of a unified euro-area constituency. Their objections are mainly geopolitical in nature. They tend to consider that their national interest is best served in the framework of the existing IMF governance structure. Although the proposal has been on Council's table since 2015, there has been no visible progress to date, with the 2025 implementation deadline proposed by the Commission now called into question.

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