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EU brings financial supervision reform to G20

Published 24 September 2009
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The European Commission yesterday (23 September) presented its long-awaited overhaul of EU financial supervision, urging other G20 countries to follow suit by establishing a global oversight system.

After receiving the green light at the European summit last June (EurActiv 19/06/09) to draw up a minimum set of common rules, the EU executive yesterday launched its reform of financial supervision, triggered by the worst financial crisis since the 1930s.

But the Commission neglected to present a far-reaching, ambitious plan on the grounds that this would be watered down later on, preferring instead to wait for member states to give their go-ahead before tabling concrete proposals.

The result is a step forward from the current patchy European oversight system, which is fragmented across national borders and driven by local interests, and proved incapable of anticipating the financial crisis.

However, the solution proposed by Brussels lacks ambition and does not entail the establishment of a single EU supervisor, advocated by many experts as the only system capable of preventing future crises. Neither do the proposals give any indication of how to resolve the thorny issue of burden-sharing for bail-out plans should a cross-border institution fail.

The risk is that member states and the Parliament could even water down the proposals further when they vote on it in the coming months.

The Commission's proposals

The plan launched by the Commission calls for the establishment of two boards for macro- and micro-supervision. 

A new European Systemic Risk Board (ESRB), composed of the central bank governors of each member state, will be in charge of spotting (macro)systemic dangers (such as asset bubbles) and issue warnings to the countries likely to be affected by potential crises.

The entire European Council should be alerted when a serious problem arises in a member state, especially if the national authorities in charge have refrained from taking appropriate measures.

However, the ESRB's intelligence-gathering system will rely upon national databases, which local authorities might choose to keep secret in case of trouble. Moreover, the strongest power of the board will be "moral (per)suasion" to push a state to behave. No binding powers are foreseen.

The second arm of the new EU supervisory architecture is the European System of Financial Supervisors (ESFS), which is meant to coordinate actions by national watchdogs and resolve possible cross-border disputes.

However, the plan does not guarantee the actual resolution of disputes about transnational banks or insurance firms in trouble. As it stands now, the proposal foresees the introduction of an appeal mechanism, which member states could turn to if they do not agree with decisions taken by the EU authorities.

In that case, it would ultimately be up to the EU Council to sort out conflicts by qualified majority vote. Many analysts agree that this is a cumbersome procedure whereby national interests are likely to prevail against the common good.

New appeal to G20

"Financial markets are European and global, not only national. Their supervision must also be European and global. Today we are proposing a new European supervisory system. Our aim is to protect European taxpayers from a repeat of the dark days of autumn 2008, when governments had to pour billions of euros into the banks," European Commission President José Manuel Barroso said in a statement.

"This European system can also inspire a global one and we will argue for that in Pittsburgh," he added, speaking ahead of today's beginning of the G20 summit in Pittsburgh, the third such gathering since the financial crisis hit the world in autumn 2008.

Barroso's call echoes an appeal launched by EU leaders last week at an extraordinary European summit in Brussels ahead of the G20. Their common document reads that "the G20 should commit to a globally coordinated system of macro-prudential supervision". 

"The quality of cross-border (micro-prudential) supervision needs to be improved and the G20 should commit to work in a coordinated manner on this issue," the paper adds.

Positions: 

Welcoming the Commission's proposal, Corien Wortmann-Kool, vice-chairwoman responsible for the EPP's economic working group, commented: "The Commission is proposing a whole package of new measures and new regulatory bodies. The EPP will examine this package closely to ensure that supervision of the financial sector in the EU will be significantly strengthened along the lines of the de Larosière report. At the same time we want to make sure no new red tape is created by the introduction of new EU bodies."

Guy VerhofstadtALDE group leader, called for a bolder approach in plans for a single financial supervisory authority. "The proposed structure currently lacks coherence, as not only the operational, but also the geographical fragmentation between Paris, London and Frankfurt will endanger an efficient coordination and flow of information between the different entities. Equally, effective supervision of cross-border financial institutions cannot separate macro-prudential from micro-prudential supervision. They are two sides of the same coin," he said in a statement.

Kay Swinburne, economic and monetary affairs coordinator for the European Conservatives and Reformists group (ECR) strongly criticised the proposal. She said: "Supervisory decisions relating to individual firms must remain at national member-state levels."

"We do need a strong early warning system at the EU level that can monitor, name and shame countries that allow excessive risk to be taken," she added in a statement.

Next steps: 
  • 24-25 Sept. 2009:  G20 summit in Pittsburgh.
  • 2009-2010: Expected approval by Council and Parliament of new financial supervision architecture.
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. 

According to European Commission figures, there are over 8,000 banks in Europe, but two-thirds of their total assets are held in just over forty multinational institutions. An ad hoc high-level group on financial supervision was established by the EU executive in October 2008 to issue proposals on financial supervision. 

The panel, led by Jacques de Larosière, formerly managing director of the International Monetary Fund, presented its report in February 2009. In May, the Commission fully endorsed the panel'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.

In June 2009, EU leaders agreed on the main issues concerning financial supervision and gave the Commission a mandate to propose a solution for burden-sharing of potential bail-out plans for cross-border banks (EurActiv 19/06/09).

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