{"id":60095,"date":"2012-06-14T10:23:46","date_gmt":"2012-06-14T00:23:46","guid":{"rendered":"http:\/\/www.fnarena.com\/index.php\/2012\/06\/14\/banking-union-in-the-eurozone-and-the-eu\/"},"modified":"2012-06-14T10:23:46","modified_gmt":"2012-06-14T00:23:46","slug":"banking-union-in-the-eurozone-and-the-eu","status":"publish","type":"post","link":"https:\/\/staging.fnarena.com\/index.php\/2012\/06\/14\/banking-union-in-the-eurozone-and-the-eu\/","title":{"rendered":"Banking Union In The Eurozone And The EU"},"content":{"rendered":"<p>\n\tBy <span class=\"scayt-misspell\">Jacopo<\/span> <span class=\"scayt-misspell\">Carmassi<\/span>, Carmine Di <span class=\"scayt-misspell\">Noia<\/span> and Stefano <span class=\"scayt-misspell\">Micossi<\/span><\/p>\n<p>\n\t<em>Is Europe ready for a banking union? This column argues that the current debate is missing several key points. Chief among these is that much of what is needed for Europe&rsquo;s financial system is already feasible within the existing set up.<\/em><\/p>\n<p>\n\tThe opportunities for institutional advancement in the EU created by the dismal management of the <span class=\"scayt-misspell\">Eurozone<\/span> crisis may well include the establishment of a banking union, a theme that could be placed on the agenda of the forthcoming European Council at the end of June. The debate on this topic, however, seems mired in confusion, notably as regards the features and tasks of deposit insurance at the <span class=\"scayt-misspell\">Eurozone<\/span> or EU level in combating contagion and restoring financial stability. It also seems at times to overlook the fact that many constituent elements of banking union are already present in the legislation in force or tabled for approval and, more importantly, that much of what is needed may be feasible with ordinary legislative procedures.<\/p>\n<p>\n\tThere is a need, to start with, to distinguish clearly what is needed to address a &lsquo;systemic&rsquo; confidence crisis hitting the banking system &ndash; which is mainly or solely a <span class=\"scayt-misspell\">Eurozone<\/span> problem &ndash; and &lsquo;fair weather&rsquo; arrangements to prevent individual bank crises and, when they occur, to manage them in an orderly fashion so as to <span class=\"scayt-misspell\">minimise<\/span> systemic spillovers and the cost to taxpayers, which is of concern for the entire EU. Much of the on-going debate on deposit insurance and banking resolution funds mainly refers to the latter issue; deposit insurance or resolution arrangements can be instrumental in confidence-building over the medium term but couldn&rsquo;t ever have sufficient resources to meet a spreading run on deposits. More important, &ldquo;using extended insurance coverage to <span class=\"scayt-misspell\">stabilise<\/span> financial systems in the absence of appropriate institutional, political, and fiscal conditions to address existing problems&rdquo; would entail moral hazard (<span class=\"scayt-misspell\">IADI<\/span> 2012). Financial <span class=\"scayt-misspell\">stabilisation<\/span> in the short term is the proper task of lending of last resort by the central bank.<\/p>\n<p>\n\tTaking up the &lsquo;fair weather&rsquo; system first, we have always known that a stable and well-functioning internal market in banking requires EU-wide deposit insurance, crisis resolution procedures, and supervision. While the desire to preserve national prerogatives in these domains has slowed down the progress in this direction, the crisis is now accelerating progress on all three fronts.<\/p>\n<p>\n\tAs to deposit insurance, Directive 94\/19\/EC, as amended by Directive 2009\/14\/EC, and a new directive under consideration by Council and Parliament, based on a Commission proposal of July 2010,1 have already <span class=\"scayt-misspell\">harmonised<\/span> the level of depositor protection (&euro;100,000) and will require all national systems to be funded ex-ante with a significant risk-based component of fees paid by participating banks. The European Commission has further proposed that each national scheme should target a level of funding of 1.5% of total insured deposits, to be reached within 10 years (which Parliament has lengthened to 15). The target level is supported by the European Parliament, but the member states in the Council would like to lower it to 0.5%. A recent survey prepared by the Financial Stability Board shows that most EU members are already compliant with the principles of the Commission proposal (with ex-post funded deposit insurance still present in Italy, the Netherlands, and the UK); however, the size of insurance funds is very small, well below even the lower target acceptable to the member states (see <span class=\"scayt-misspell\">FSB<\/span>, 7:52).<\/p>\n<p>\n\tThere is also a provision whereby national guarantee funds may, under certain circumstances, lend funds to each other on a voluntary basis to meet unexpected shortages; the commission wanted this to be a legal obligation but the parliament and council did not accept it. This provision is insufficient to meet the funding needs that may arise from substantial losses at a large cross-border bank. An adequate solution may only come from an EU-wide deposit insurance scheme covering all cross-border banks, as proposed by <span class=\"scayt-misspell\">Carmassi<\/span> et al. (2010).<\/p>\n<p>\n\tRegarding crisis prevention, management and resolution, the commission <span class=\"scayt-misspell\">proposal2<\/span> published on 6 June represents significant progress towards an effective framework to reduce the risk of a systemic banking crisis and <span class=\"scayt-misspell\">minimise<\/span> taxpayers&rsquo; exposure to losses from an insolvent bank. There would be a single administrative (i.e. out-of-court) procedure covering crisis prevention, crisis management (with early intervention) and resolution; all countries would have to confer similar resolution powers to a competent authority to be identified at national level, as originally suggested by <span class=\"scayt-misspell\">BCBS<\/span> (2010). In order to strengthen the incentives for management and shareholders to avoid excessive risk-taking, it is also envisaged that banks may be required to issue a sufficient proportion of their capital in the form of convertible debentures, which would be converted into equity by discretionary decision of the resolution authority (discipline effects would have been stronger with automatic conversion triggered by market indicators of capital strength much before arriving at the stage of resolution, as in <span class=\"scayt-misspell\">Carmassi<\/span> and <span class=\"scayt-misspell\">Micossi<\/span> 2012).<\/p>\n<p>\n\tThe proposal also requires each member state to set up a national resolution fund, again normally financed ex-ante with risk-based fees, in extraordinary circumstances also with ex-post contributions. The targeted funding level must reach, within 10 years, at least 1% of the amount of deposits of all banks <span class=\"scayt-misspell\">authorised<\/span> in the member state which are guaranteed under Directive 94\/19\/EC. In principle these funds should never be used to cover losses of banks undergoing resolution, but only to support the restructuring process and provide capital for the new bank possibly emerging from resolution. More broadly, the commission text leaves too much discretion to national supervisors and resolution authorities in their decision to undertake corrective action. What is needed is a system of mandated corrective action at EU level that will force supervisors to intervene and apply measures of increasing intensity as bank capital weakens below pre-determined thresholds, in full public light (see <span class=\"scayt-misspell\">Carmassi<\/span> and <span class=\"scayt-misspell\">Micossi<\/span> 2012).<\/p>\n<p>\n\tA specific element of supranational solidarity is represented by the obligation for each fund to lend money to their counterparts in other member states &ndash; for an amount up to one-half of its resources &ndash; in case of need. This proposal, however, has been met by strong opposition by the member states, not surprisingly, since it entails a <span class=\"scayt-misspell\">&lsquo;mutualisation&rsquo;<\/span> of risks that seems hardly acceptable without a <span class=\"scayt-misspell\">centralisation<\/span> of supervision. An additional difficulty is represented by the wide variation of capital requirements made possible by Basel capital rules, which Basel III and the new <span class=\"scayt-misspell\">CRR<\/span>\/<span class=\"scayt-misspell\">CRD<\/span> IV will only aggravate. Moreover, as with deposit insurance, there are no specific provisions for the resolution at EU level of cross-border banks, with attendant resolution powers and resources.<\/p>\n<p>\n\tLack of <span class=\"scayt-misspell\">centralised<\/span> supervision and mandated supervisory action are main missing elements in the proposals that have been tabled so far. Here, a decision must be taken, first of all, on the competent authority at EU level: should these powers be <span class=\"scayt-misspell\">centralised<\/span> within the European Central Bank, or rather with the European Banking Authority (<span class=\"scayt-misspell\">EBA<\/span>)? Should the occasion be exploited to create an integrated supervisory system covering all financial activities and <span class=\"scayt-misspell\">organised<\/span> according to horizontal objectives, i.e. macro-stability, micro-stability and transparency cum market integrity (as outlined in Di <span class=\"scayt-misspell\">Noia<\/span> and <span class=\"scayt-misspell\">Micossi<\/span> 2009)?<\/p>\n<p>\n\tWhatever the decision, the good news is that the council already has the legal power to implement the first solution (<span class=\"scayt-misspell\">centralisation<\/span> of supervision at the <span class=\"scayt-misspell\">ECB<\/span>) under Treaty Art. 127.6, while the second solution (<span class=\"scayt-misspell\">EBA<\/span>) could be <span class=\"scayt-misspell\">realised<\/span> with ordinary legislation by building upon the binding mediation powers already entrusted to <span class=\"scayt-misspell\">EBA<\/span> by its founding Regulation.3 Whatever route one chooses, <span class=\"scayt-misspell\">centralisation<\/span> could be limited to cross-border banking groups, while continuing to <span class=\"scayt-misspell\">utilise<\/span> existing national supervisory structures, under appropriate coordination arrangements.<\/p>\n<p>\n\tCrisis management is an entirely different matter that specifically concerns only the <span class=\"scayt-misspell\">Eurozone<\/span>. What is special to the Eurozone in the present circumstances is a confidence crisis bred by intertwined sovereign and banking crises that are a consequence of faulty design of the currency union: Eurozone member states share a common currency but cannot use it freely to roll over their sovereign debts or provide liquidity to their banking system in case of a liquidity or confidence shock. Indeed, while the <span class=\"scayt-misspell\">ECB<\/span> can intervene to provide unlimited liquidity, it is reluctant to do so in the absence of solid &lsquo;fiscal&rsquo; arrangements for sharing the risk of its interventions &ndash; as Mario <span class=\"scayt-misspell\">Draghi<\/span> once again reiterated, after the latest monthly meeting of the <span class=\"scayt-misspell\">ECB<\/span> Governing Council, while explaining the decision to hold interest rates constant despite sharply falling activity in the <span class=\"scayt-misspell\">Eurozone<\/span>.<\/p>\n<p>\n\tThe appropriate instrument to build adequate fiscal backing for <span class=\"scayt-misspell\">ECB<\/span> interventions obviously is the European Stability Mechanism: while it is for the <span class=\"scayt-misspell\">ECB<\/span> to provide temporary relief of liquidity strains, only the member states can deploy the resources required to <span class=\"scayt-misspell\">recapitalise<\/span> troubled banks, of course under appropriate conditionality &ndash; but so far have failed to come up with satisfactory and lasting arrangements, able to restore confidence in financial markets. The principles to be followed and the specific measures required to stop the meltdown of the Greek banking system and halt contagion in Spanish banks are well identified by <span class=\"scayt-misspell\">Gros<\/span> and <span class=\"scayt-misspell\">Schoenmaker<\/span> (2012) and <span class=\"scayt-misspell\">V&eacute;ron<\/span> (2012). What must be stressed, once again, are the disastrous consequences of continuing the game of brinkmanship between governments and the central bank, which has brought us closer and closer to the dissolution of the <span class=\"scayt-misspell\">Eurozone<\/span>.<\/p>\n<p>\n\t<em><strong>References<\/strong><\/em><\/p>\n<p>\n\t<em>Basel Committee on Banking Supervision (<span class=\"scayt-misspell\">BCBS<\/span>) (2010), &ldquo;Report and Recommendations of the Cross-Border Bank Resolution Group&rdquo;, <span class=\"scayt-misspell\">BIS<\/span>, Basel, March.<br \/>\n\t<span class=\"scayt-misspell\">Carmassi<\/span>, J, E <span class=\"scayt-misspell\">Luchetti<\/span>, and S <span class=\"scayt-misspell\">Micossi<\/span> (2010), Overcoming too-big-to-fail: A Regulatory Framework to Limit Moral Hazard and Free Riding in the Financial Sector, <span class=\"scayt-misspell\">CEPS<\/span> Paperback, <span class=\"scayt-misspell\">CEPS<\/span>.<br \/>\n\t<span class=\"scayt-misspell\">Carmassi<\/span> J and S <span class=\"scayt-misspell\">Micossi<\/span> (2012), Time to set banking regulation right, <span class=\"scayt-misspell\">CEPS<\/span> Paperback, <span class=\"scayt-misspell\">CEPS<\/span>.<br \/>\n\tDi <span class=\"scayt-misspell\">Noia<\/span>, C and S <span class=\"scayt-misspell\">Micossi<\/span> (2009), Keep it simple: Policy Responses to the Financial Crisis, <span class=\"scayt-misspell\">CEPS<\/span> Paperback, <span class=\"scayt-misspell\">CEPS<\/span>.<br \/>\n\tFinancial Stability Board (<span class=\"scayt-misspell\">FSB<\/span>) (2012), &ldquo;Thematic Review on Deposit Insurance Systems &ndash; Peer Review Report&rdquo;, 8 February.<br \/>\n\t<span class=\"scayt-misspell\">Gros<\/span> D and D <span class=\"scayt-misspell\">Schoenmaker<\/span> (2012), &ldquo;Cleaning up the mess: Bank resolution in a systemic crisis&rdquo;, <span class=\"scayt-misspell\">CEPS<\/span> Commentary, <span class=\"scayt-misspell\">CEPS<\/span>.<br \/>\n\tInternational Association of Deposit Insurers (<span class=\"scayt-misspell\">IADI<\/span>) (2012), &ldquo;Transition from a blanket guaranty or extended coverage to a limited coverage system&rdquo;, Discussion Paper, Basel.<br \/>\n\t<span class=\"scayt-misspell\">V&eacute;ron<\/span>, N (2012), &ldquo;Is Europe ready for banking union?&rdquo;, VoxEU.org, 23 May.<\/em><\/p>\n<p>\n\t<em>1 Proposal for a Directive of the European Parliament and of the Council on Deposit Guarantee Schemes [recast], Brussels, 12.7.2010, COM(2010)368 final.<br \/>\n\t2 Proposal for a Directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directives 77\/91\/EEC and 82\/891\/EC, Directives 2001\/24\/EC, 2002\/47\/EC, 2004\/25\/EC, 2005\/56\/EC, 2007\/36\/EC and 2011\/35\/EC and Regulation (EU) No 1093\/2010, COM(2012) 280\/3.<br \/>\n\t3 By modifying Arts 19 and 21 of Regulation (EU) No 1093\/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716\/2009\/EC and repealing Commission Decision 2009\/78\/EC. This legal route was proposed by <span class=\"scayt-misspell\">Carmassi<\/span> et al. (2010).<\/em><\/p>\n<p>\n\t<em><span class=\"scayt-misspell\">Jacopo<\/span> <span class=\"scayt-misspell\">Carmassi<\/span> is Researcher, <span class=\"scayt-misspell\">Assonime<\/span>; and Fellow, Wharton Financial Institutions Center, Carmine Di <span class=\"scayt-misspell\">Noia<\/span> is Deputy Director General and Head of Capital Markets and Listed Companies at <span class=\"scayt-misspell\">Assonime<\/span>, Stefano <span class=\"scayt-misspell\">Micossi<\/span> is Director General of <span class=\"scayt-misspell\">Assonime<\/span><\/p>\n<p>\tCopyright VoxEU.org &#8211; the above story was originally published on www.VoxEU.org &#8211; readers reading this story through a third party channel may find that any graphs are not included (our apologies for this technical anomaly) &#8211; here&#039;s a link to the original story on the <span class=\"scayt-misspell\">VoxEU<\/span> website: click <a href=\"http:\/\/www.voxeu.org\/index.php?q=node\/8093\">HERE<\/a><\/em><\/p>\n<p>\n\t<em>Find out why <span class=\"scayt-misspell\">FNArena<\/span> subscribers like the service so much: &quot;<a href=\"..\/index4.cfm?type=dsp_newsitem&amp;n=29EB960D-9DFF-C00E-7F6B464E5D52E250\">Your Feedback (Thank You)<\/a>&quot; &#8211; Warning this story contains unashamedly positive feedback on the service provided.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>While there is speculation surrounding a possible European banking union Jacopo Carmassi, Carmine Di Noia and Stefano Micossi suggest much of what is needed is possible in the existing structure.<\/p>\n","protected":false},"author":9,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5],"tags":[41],"acf":[],"_links":{"self":[{"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/posts\/60095"}],"collection":[{"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/comments?post=60095"}],"version-history":[{"count":0,"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/posts\/60095\/revisions"}],"wp:attachment":[{"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/media?parent=60095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/categories?post=60095"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/staging.fnarena.com\/index.php\/wp-json\/wp\/v2\/tags?post=60095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}