A Single Resolution Mechanism for the Banking Union 21/05/2014 Key elements of the Banking Union 21/05/2014 2 Single Rulebook EU28 Single Supervisory Mechanism EU18+ Single Resolution Board EU18+ Funding Arrangements EU 18+ CRR/CRD IV BRRD Political Agreement The European Parliament and the Council reached a political agreement on the Single Resolution Mechanism on 20 March 2014. The SRM is the second pillar of the Banking Union. The SRM will ensure that potential future bank failures in the banking union are managed efficiently, with minimal costs to taxpayers and the real economy. 21/05/2014 3 Scope of Single Resolution Mechanism • Mirrors the SSM: all banks established in the Euro Area and other participating Member States • Single Supervisor requires Single Board and Fund • As for the SSM, there is a distribution of tasks between the Board and the NRAs: • Board is directly responsible for cross-border and significant banks (›30bn) • NRAs are responsible for all other banks (also to adopt resolution decisions, provided no use of the Fund is required). • But the Board is ultimately responsible for all banks. 21/05/2014 4 Key principles for the SRM • Decisions are European, but involve NRAs in view of significance of bank resolution for national economies • Responsibility for supervision, resolution and funding is aligned at EU level • Funding arrangements are not funded by taxpayer 21/05/2014 5 Components of the Single Resolution Mechanism 21/05/2014 6 A Single Resolution Board National resolution authorities x18+ Funding arrangements European Commission and Council European Central Bank as bank supervisor 21/05/2014 7 Internal Market Single Resolution Fund National Resolution Authorities contributeinstructs resolve All banks Failed bank supervise notify ECB National Supervisors COM & Council Single Resolution Board Owners / creditors manages The Single Board: Tasks of the Plenary and Executive Board • As a rule, the Executive Board decides in specific resolution cases • Plenary Board decides: • By silent procedure, if specific resolution case requires more than 5bn (10bn for liquidity support) – (by simple majority + 30%) • On guidance to the Executive Board, if the net accumulated use of the Fund in the prior consecutive 12 months reaches 5bn (by simple majority + 30%) • On ex-post contributions and borrowing of the Fund (by 2/3 majority + 50%/30%) 21/05/2014 8 Triggering Resolution in practice • Determination that the (i) bank is failing/likely to fail is generally made by ECB • Board may also if it has informed ECB, and the latter has not reacted within 3 days • Board assesses if there is a (ii) systemic threat (public interest) and there is (iii) no alternative private solution • If so, it adopts a resolution scheme in which it sets out the necessary resolution and funding measures • Resolution scheme is submitted to Commission for endorsement or objection. 21/05/2014 9 Role of the EU Institutions: Commission and Council (Meroni functions) • The Commission is in most cases the last instance deciding on resolution on the basis of the resolution scheme adopted by the Board • The Council is also involved in some cases. • Within 24 hours, the Commission shall either endorse or object to the resolution scheme (except in the cases where Council is competent) 21/05/2014 10 Role of the EU Institutions: Commission and Council (Meroni functions) • The Council may approve or object to a resolution scheme, on a Commission proposal: • on the ground that the resolution scheme does not fulfil the criterion of public interest • where there is a material modification of the amount of the Fund • Resolution scheme may enter into force only if no objection has been expressed by the Council or the Commission within a period of 24 hours • If the Commission or the Council object, Board shall incorporate reasons into the scheme 21/05/2014 11 Resolution Scheme: Implementation • Resolution scheme sets out the resolution tools and provides, where necessary, for the use of a certain amount of the Fund. • Board instructs NRAs to implement the scheme. • Board adopts general instructions to the attention of NRAs. 21/05/2014 12 Funding arrangements • A Single Resolution Fund sourced from the banking sector – not the taxpayer – can provide mid-term funding if needed • A single fund creates economies of scale, boosts credibility, and is instrumental in breaking the sovereign-bank link • The fund could borrow from the market • Outside the EU budget • During a transitional period of 8 years, the Fund comprises national compartments corresponding to each participating MS in the SRM 21/05/2014 13 Bank Contributions to the Fund: Build up Period of 8 years • All banks in the participating MSs contribute to the Fund • Target level of the Fund is set at European level • Individual contributions are calculated at European level but are collected at national level under the IGA and transferred to the Fund • Contributions comprise a flat part and a risk adjusted part • Method of calculation of contributions to be set out in a Council implementing act 21/05/2014 14 10,45 15,40 20,35 25,30 30,25 35,20 40,15 45,10 50,05 55,00 11,69 17,88 24,06 30,25 36,44 42,63 48,81 55,00 0 10 20 30 40 50 60 1 2 3 4 5 6 7 8 9 10 Total Fund Size: EUR billion Commission Proposal and Council General Approach Final Compromise Final compromise: accelerated, non-linear mutualization - more resources in common from year 6. 1,90% 5,60% 11,10% 18,40% 27,50% 38,40% 51,10% 65,60% 81,90% 100,00% 8,50% 19,50% 29,17% 40,33% 53,00% 67,17% 82,83% 100,00% 0,00% 10,00% 20,00% 30,00% 40,00% 50,00% 60,00% 70,00% 80,00% 90,00% 100,00% 1 2 3 4 5 6 7 8 9 10 Available Common Resources: % of total target Commission Proposal Council General Approach Final Compromise Remaining steps • The Presidency should sign today the Coreper letter to the attention of the EP • Vote in the plenary is foreseen for 15 April 17/09/2012 17