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British, French bonus tax steals EU summit's thunder

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Published 11 December 2009

The EU's 27 leaders appear to have drawn a clear line on the shape and scope of EU financial supervision as Britain, followed by France, commit to taxes on bankers' bonuses.

Yesterday's summit, heavily dominated by the Copenhagen talks on climate change, gave broad approval to a year's worth of internal wrangling on financial regulation. 

Britain and France stole the summit's thunder as both committed to levies on pay to make banks think twice about a bonus culture believed to have spurred risky investments in the financial sector. 

The UK Treasury announced the levy on Wednesday (9 December) in the government's latest budget plan. The plan is to put a 50% tax on City bonuses over £25,000. 

A French government official confirmed France would be imposing a similar levy as Britain's first move soothes French fears over Paris' competitiveness. 

"This tax will encourage banks to consider their capital position and to make appropriate risk adjustments when settling the level of bonus payments above £25,000," Gordon Brown wrote in a letter to leaders before the summit opened on Thursday (10 December). 

Early conclusions from the summit reveal that EU leaders are largely happy with draft laws regulating financial supervision, alternative investment funds (AIFM), capital requirements at banks, bonuses and derivatives. 

The leaders are now passing the ball to the European Parliament to approve a set of three EU financial watchdogs so that "the new system can become operational during the course of 2010". 

Conflict in 2010 cannot be excluded because all of the above policies are currently being scrutinised by MEPs and some could be sent back to the European Commission for redrafting. 

MEPs have warned they will continue to seek changes to the controversial Alternative Investment Funds and Managers Directive (AIFMD) and the EU's new supervisory structures, criticising the lack of teeth in both proposals (EurActiv 09/11/09). 

Discussions on financial regulation stalled in October after Britain stopped short of approving the watchdogs (EurActiv 21/10/09). 

After tense negotiations, finance ministers succeeded in breaking a deadlock between Britain and other member states on three new watchdogs to supervise Europe's financial sector. 

In contrast, a separate European Systemic Risk Board (ESRB), which would exert a kind of "moral pressure" on financial institutions, won broad approval at the October summit. 

Leaders yesterday also approved amendments made to an EU law on capital requirements, asking banks to hold more capital and commit to more transparent remuneration policies. 

An amendment in July to the so-called Capital Requirements Directive stated that banks would be required to build sizeable reserves of capital in good times so that they can act as a buffer during downturns. 

Next steps: 
  • Dec. 2009: Parliament to discuss amendments to the AIFM Directive. 
  • April 2010: Parliament's economic and monetary affairs committee expected to vote on amended report. 
  • 2010: Commission legislative proposals on derivatives expected.
  • 2010: ESRB and ESA watchdogs to come into effect.
Background: 

The financial crisis created the need for better European supervision of financial institutions, which are mainly controlled by national authorities even though the industry is increasingly engaged in cross-border activities. 

An ad hoc high-level group was established in October 2008, led by Jacques de Larosière, formerly managing director of the International Monetary Fund, to issue proposals on financial supervision. 

In May, the European Commission fully endorsed de Larosière's report, proposing a draft plan aimed at strengthening the European Central Bank's (ECB) macro-supervision powers to prevent systemic risks, and at enhancing national cooperation regarding micro-supervision of cross-border financial groups (EurActiv 28/05/09). 

EU leaders agreed at the European Council in June 2009 on the main issues concerning financial supervision and gave the European Commission a mandate to propose a solution for burden-sharing (EurActiv 19/06/09). The Commission drafted two proposals for financial supervision: a European Systemic Risk Board for macro-prudential supervision (ESRB) and European Supervisory Authorities (ESA) for micro-prudential supervision. 

The Capital Requirements Directive, adopted in 2006, has just been amended by the EU institutions (EurActiv 07/05/09) and is currently under review again following the financial crisis. 

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