EurActiv Logo
EU news & policy debates
- across languages -
Click here for EU news »
EurActiv.com Network

BROWSE ALL SECTIONS

EU to table new banking rules, overlooks burden-sharing

Published 22 September 2009
Printer-friendly versionSend by email

The European Commission will present on Wednesday (23 September) new legislative proposals on financial supervision, including the creation of three new EU bodies to oversee the banking sector. The proposal, largely technical at this stage, shies away from deciding on sensitive political issues such as who should foot the bill in the event of cross-border bank failures.

Brussels will present a package of measures meant to "reinforce financial stability throughout the EU […] to ensure that the same basic technical rules are applied and enforced consistently," and "to identify risks in the system at an early stage" by establishing a new European Systemic Risk Board (ESRB), according to a draft paper seen by EurActiv.

The proposal will also try to provide the EU with a legal framework allowing the European institutions "to act together far more effectively in emergency situations and in resolving disagreements among supervisors". 

Under the Commission's proposal, this task will be assigned to a new European System of Financial Supervisors (ESFS) composed of three new supervisory authorities in the banking, securities and insurance and occupational pensions sectors. 

However, the controversial matter of who should foot the bill in the event of the failure of a cross-border institution - so-called burden-sharing - has been left out. "Burden-sharing is the elephant in the room," an EU official close to the dossier commented, explaining that the topic would not be part of this first package, which is primarily meant to solve technical rather than political issues.

Burden-sharing is a thorny political issue, and it has already emerged in the context of bailing out cross-border banks like Fortis and ING during the current financial crisis.

Indeed, it remains uncertain who will pay for potential new failures. The Commission could try to address the issue with a new proposal to be released in October, but this is still the subject of tough negotiations. 

In June, the European Council gave the EU executive a mandate to address the issue and make "concrete proposals for how the European System of Financial Supervisors could play a strong coordinating role among supervisors in crisis situations," read the summit's conclusions

The Council, however, also stressed that the proposals should "fully respect the responsibilities of national authorities in preserving financial stability and in crisis management in relation to potential fiscal consequences," and should "fully respect central banks' responsibilities, in particular with regard to the provision of emergency liquidity assistance". 

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 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).

More on this topic

More in this section

Advertising

Sponsors

Advertising

Advertising