The EU macro-prudential policy framework : state of play and challenges ahead Banco do Portugal Conference on Financial Stability and macro-prudential policy 10 February 2015 Aliénor Margerit European Commission The views expressed in this document are those of the authors and may not in any circumstances be regarded as stating an official position of the European Commission. Macro-prudential policy: a new addition to the EU regulatory framework The 2009 De Larosière Report Gaps in the supervisory framework No 'big picture' approach Need for macro-prudential oversight at EU level Establishment of the European Systemic Risk Board (ESRB) in 2010 Mandate defined in broad terms, 'comply or explain' mechanism Field of competence = unchartered territory (no equivalent at national level at the time) Macro-prudential policy is essential at the current juncture In particular in the Euro Area (single monetary policy) Unconventional monetary policy Real estate bubbles Smoothen the cycle and enhance resilience MS are actively using macro-prudential instruments 83 measures have been notified to the ESRB since January 2014 The current regulatory framework is the result of a piecemeal approach ESRB (2010) Macro-prudential 'hub' with no binding powers Authoritative body attached to the ECB and chaired by its president Comprises the EU central banks, supervisors and the Commission Broad mandate: forwardlooking, cross-sectoral, EUwide No equivalent at national level at the beginning Has called for the setting up of national macro-pru authorities (ESRB reco. of 2012) CRD IV/CRR (January 2014) 5 macro-prudential capital buffers: CCB, SRB, G-SII, OSII, macro-pru pillar 2 'Flexibility clause': possibility to impose stricter requirements at national level Designated authorities or competent authorities at national level can activate the tools Various procedures depending on the legal base, scope and calibration of the instruments (ESRB, EBA, Commission and even Council can be involved) SSM (November 2014) Article 5 SSM Regulation: ECB/SSM entrusted with binding macro-prudential competences Three limitations : Only in the Banking Union Tools in EU law (i.e. CRD IV/CRR) Asymmetric powers : the ECB can top-up measures imposed by national authorities The ESRB Steering Committee (14 members) 7 central bank representatives Vice-President of the ECB 4 national central bank governors 1 European Commission representative 3 representatives of the ESAs 2 representatives of the ATC and ASC EBA Chairperson EIOPA Chairperson ESMA Chairperson Member of the European Commission 1 representative of the EFC Chair of the ATC Chair of the ASC President of the EFC Assists in the decision-making process General Board (67 members) - decision making body 30 central bank representatives President and Vice President of the ECB 28 national central bank governors 1 European Commission representative Member of the European Commission 3 representatives of the ESAs EBA Chairperson EIOA Chairperson ESMA Chairperson 4 representatives of the ATC and ASC Chair of the ATC Chair of the ASC 2 Vice-Chairs of the ASC 28 representatives of the NSAs Usually, chairpersons of the national supervisory authorities 38 voting members President of the EFC 29 non-voting members Advise and assist ATC (64 members) ASC (16 members) Chair of the ATC 15 external experts 1 representative of the EFC 28 national central bank representatives 1 ECB representative 2 European Commission representatives 1 ASC representative ESRB Secretariat Analytical, statistical, administrative and logistical support for all bodies 28 NSA representatives 3 ESA representatives 1 EFC representative CRD IV/CRR macro-prudential rules and instruments The Banking Union dimension Warnings and recommendations Guidance and opinions on the use of macro-prudential tools (CRD IV/CRR) Can top-up measures imposed by national authorities; Instruments in EU law only Primary responsibility for the use of macro-prudential tools Instruments foreseen in EU law (CRD IV/CRR) and other instruments (LTV, LTI, Loan-to deposit, etc…) 6 State of play: 83 macro-pru measures notified to the ESRB since January 2014 by 18 MS Member State Measures BE Pillar 2, RW BG CB, SRB HR CB, CCB, RW, SRB CZ CB, CCB, SRB DK CCB, O-SII, Pillar 2, SRB, LGD EE CB, DSTI, LTV, SRB, housing loan maturity limits FI CB HU DSTI, liquidity ratio, LTV IE LTV, LTI, RW LV CB LT LTV, DSTI, housing loan maturity limits LU CB, RW, stress test NL LTV, RW, SRB, O-SII, loan amortisation RO LTV, RW, DSTI, stress test, consumer loan maturity limits SK CB, CCB, LTV, loan maturity limits, loan amortisation, stress test SI LTD, Pillar 2 SE CB, CCB, liquidity ratio, LTV, Pillar 2, SRB, loan amortisation UK CCB, leverage ratio, LTI, RW, stress test 7 Challenges ahead: make the system work ! Too complex ? Diverse procedures for similar tools not integrating well the Banking Union dimension ESRB ill equipped to oversee the SSM/ECB in its supervisory capacity National macro-pru authorities are not represented at EU/EA level Cross-border coordination framework remains underdeveloped Effectiveness? ESRB governing bodies too large? Asymmetric powers of the ECB (can only top-up national measures) may lead to procyclical bias in a downturn MS tend to choose the tools on the basis of the procedure (often so as not to trigger consent requirements) and not content Transparency and accountability? Difficult for banks to keep track of the measures Multiplicity of authorities involved and complexity of the framework may blur responsibilities A heterogeneous situation at national level 10 Transparency ? Source: Commission services, ESRB Notes: (i) the Capital conservation buffer will become mandatory from 1 January 2016 in all MS, but has been introduced early in BG, CZ, HR, EE, FI, LV, LU, SK and SE; (ii) the SRB has been set at 2% for all banks in EE and at up to 3% in the other MS applying it (either to all or to a subset of banks); (iii) the UK has reciprocated the CCB set at 1% by SE and NO, but this is not indicated in the graph as only applying to a relatively small amount of exposures Time to review ? The review of the texts : a legal requirement ESRB founding regulations : Article 20 / Article 8 CRD IV/CRR macro-pru rules and tools : Article 513 CRR SSM Reg/ Macro-prudential powers of ECB/SSM: Article 32 (d) The timelines of the review clauses are not aligned : ESRB founding Regulations : December 2013 CRD IV/CRR macro-prudential rules and tools : December 2014 SSM macro-prudential tasks and tools : December 2015 What has been done so far ? ESRB : Commission report based on stakeholders consultation published in August 2014 CRD IV/CRR macro-prudential instruments :ESRB and EBA have provided their opinions (in April and June 2014 resp.) SSM : not started yet Conclusion Macro-prudential policy is a relatively new addition to the EU regulatory framework Macro-prudential policies are very useful, in particular at the current juncture and MS have started to use them actively (targeting mainly real estate risk or the too-big-to-fail issue) The EU macro-prudential framework is the result of a piecemeal approach Review ? The case for a comprehensive approach. Thank you for your attention!