14 July 2015 Webinar: The Greek Crisis and its Impact on the Eurozone Ignasi Guardans, Partner, Public Policy and Law (Brussels) Giovanni Campi, Financial Services Policy Director (Brussels) Sean Donovan-Smith, Partner, Investment Management and Public Policy and Law (London) © Copyright 2015 by K&L Gates LLP. All rights reserved. WHO IS WHO? KEY ACTORS klgates.com 1 AGREED ON JULY 12, 2015 Agreement to negotiate new MoU for Stability Support according to ESM Treaty, with strictest conditionality of reforms Several legislative measures to be approved by Greek Parliament BEFORE start of MoU negotiations (by July 15) Other legislative measures to be approved sequentially, but full commitment is requested before MoU is signed. Reform measures are not enough: new ESM programme is conditioned to the whole package analysis (including financing need, debts sustainability and possible bridge financing). “Start of negotiations does not preclude results” After full reform implementation, offer to approve debt relief measure. (Grace periods, NO haircuts) In parallel, European Commission to mobilise 35 bn under different EU Programmes klgates.com 2 TIMELINE AND PROCESS Greece to legislate ‘in full prior agreement with the Institutions’ on prior actions and Greek Parliament to vote on these and on overall agreement by July 15 For other prior actions, deadline July 22 IF above goes smoothly, some National Parliaments must approve negotiation of an MoU (Germany, France, Finland, Austria, Slovakia, Latvia, and Estonia). Process expected: by end week/early next week IF above goes smoothly, Eurogroup/ESM Board of Governors gives mandate to start negotiations with Greece on a new MoU ECB left emergency funding for Greek banks (ELA) unchanged on 13 July at €89bn: ELA likely to be increased if prior actions are timely and fully adopted klgates.com 3 DETAIL OF PRIOR ACTIONS For legislative agreement and implementation by 15 July: Streamline VAT system (e.g. 23 per cent with less exceptions) and broadening of the tax base to increase revenue (expected net gain of 1 per cent GDP yearly) Upfront measures to improve long-term sustainability of the pension system, as part of a comprehensive pension reform programme e.g. early retirement, retirement age Safeguard the full legal independence of the national statistical office (ELSTAT) Make the Fiscal Council operational before finalizing the MoU and introduction of quasi-automatic spending cuts in case of deviations from ambitious primary surplus targets For legislative agreement and implementation by 22 July: the transposition of the Bank Recovery and Resolution Directive Adoption of a Code of Civil Procedure to reform the civil justice system with the aim to reduce costs and accelerate the judicial process klgates.com 4 OTHER REQUESTED ACTIONS Actions to be taken ‘with a satisfactory clear timetable’: Pension reforms by October 2015 (incl. implementation of zero-deficit clause) More ambitious product market reforms (incl. sales periods, liberalize closed professions, pharmacy ownership) Privatize electricity transmission network ADMIE (or equivalent competition measures) Review and modernization of collective bargaining, industrial action, and collective dismissals Strengthen financial sector, incl. action on non-performing loans and strengthen governance of Hellenic Financial Stability Fund and Greek banks Develop a privatisation programme and creation of independent fund where assets will be transferred and monetized incl. relevant legislative framework Strengthen Greek administration (first proposal to be provided by 20 July for discussion with the Institutions) Normalization of working methods with the institutions and their full involvement on the ground for legal and technical assistance (request for support by 20 July) Amend some recently introduced legislation contrary to previous agreement klgates.com 5 THE PLAN WOULD CONSIST OF… (1) New (third) 3-year programme worth €82-86bn (larger than the bailout plan for Portugal in 2011), to be negotiated if conditions met Bridge financing (Eurogroup to decide by Wednesday, various options being considered by an expert group) Greece financing needs of €12bn from now to midAugust: €7bn by 20 July (ECB, IMF repayments due) and €5bn more by mid-August klgates.com 6 THE PLAN WOULD CONSIST OF… (2) Banks’ recap Included in total bailout envelope, establishment of a buffer of €10-25bn for banking sector recapitalisation or resolution needs Privatisation fund to established in Greece: €50bn targeted total, assets pooled in and monetized Used for repayment of recapitalisation of banks and other assets - approx €25bn - banks’ assessment ‘after the summer’ Then half of money left for debt and half for investments Greek debt restructuring Coming much later, after reforms implemented and first successful review Longer grace and payment periods, no nominal haircuts klgates.com 7 WHAT IF…POSSIBLE RISKS There are number of potential risks to the process: Outside Greece Political risks related to some Eurozone countries national parliaments’ votes Mistrust at the time of signing of the MoU Inside Greece Political difficulties within the Greek Parliament: no implementation Social unrest, strikes, other … klgates.com 8 K&L Gates Presenters Ignasi Guardans Partner, Public Policy and Law - Brussels +32.(0)2.336.1949 Ignasi.guardans@klgates.com Giovanni Campi Financial Services Policy Director - Brussels +32.(0)2.336.1910 Giovanni.campi@klgates.com Sean Donovan-Smith Partner, Investment Management and Public Policy and Law - London +44.(0)20.7360.8202 Sean.donovan-smith@klgates.com