OPRISK USA. New York 25 March The view from Europe. Arnoud Vossen, Secretary General of CEBS

Similar documents
The European Compliance Conference TECC European Banking Supervision

European Finance Convention. Palermo, 3 December. Helmut Bauer, Bureau Member of CEBS. Discussant in session: CEBS and Basel II in an expanded EU

Public consultation on the Capital Requirements Directive ('CRD IV')

Basel II: Requirements for European Integration Kangaroo Group Brussels, 6 October 2004

Is it implementing Basel II or do we need Basell III? BBA Annual Internacional Banking Conference. José María Roldán Director General de Regulación

Christian Noyer: Basel II new challenges

Emerging from the Crisis Building a Stronger International Financial System

European supervision in a changing environment

Delegations Roadmap on financial supervision and regulation following the G 20 and the de Larosière report

Gabriel Bernardino (CEIOPS Chair) Opening Speech. CEIOPS Conference Frankfurt am Main, 18 November 2009

7th Annual Cross-Border Distribution Conference - European Convention Centre Luxembourg

The Financial Turmoil - The role of the EU-Commission

First Progress Report on Supervisory Convergence in the Field of Insurance and Occupational Pensions for the Financial Services Committee (FSC)

Financial Turmoil: latest developments on policy response

Ben S Bernanke: Modern risk management and banking supervision

Stefan Ingves: Regulatory challenges of cross-border banking possible ways forward

Clearing the way towards an OTC derivatives union

STATEMENT AT THE HEARING OF THE EUROPEAN PARLIAMENT S ECONOMIC AND MONETARY AFFAIRS COMMITTEE

KEYNOTE SPEECH BUILDING A COMMON SUPERVISORY CULTURE. 2 nd IVASS CONFERENCE SOLVENCY II AND SMALL AND MEDIUM-SIZED INSURERS

The State of European Financial Markets

FACTORS INFLUENCING THE FINANCIAL SYSTEM STABILITY ORIENTED POLICIES OF A SMALL COUNTRY SOON TO BECOME AN EU MEMBER ESTONIAN EXPERIENCE 1

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. A Roadmap towards a Banking Union

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EIOPA, Solvency II and the Loss Adjusting profession

Keynote Address. AFME European Compliance and Legal Conference London. Verena Ross Executive Director. Ladies and gentlemen,

THE EU ARRANGEMENTS FOR FINANCIAL CRISIS MANAGEMENT

GL ON COMMON PROCEDURES AND METHODOLOGIES FOR SREP EBA/CP/2014/14. 7 July Consultation Paper

Jürgen Stark: Financial stability the role of central banks. A new task? A new strategy? New tools?

EBF response to the EBA consultation on prudent valuation

C HAPTER B. Introduction. Capital Markets and Securities Law

EBF Response to the EBA Consultations on currencies with constrained availability of Liquid Assets

The future of life insurance, Solvency II and investment strategies

NEWSLETTER UPCOMING EBA PUBLICATIONS (JUNE SEPTEMBER 2016)

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

A. General comments. October 27, 2012

Financial Stability Board. Promoting financial stability to support sustainable growth. Rupert Thorne, Deputy to the Secretary General 1 July 2013

Building a Capital Markets Union Green Paper

Dr Andreas Dombret. Member of the Executive Board of the Deutsche Bundesbank

Committee on Economic and Monetary Affairs. on Basel II and revision of the Capital Requirements Directives (CRD 4) (2010/2074(INI))

Response to FSA Discussion Paper 09/2 1 : A regulatory response to the global banking crisis

NYSE Euronext Response to the European Commission Consultation on the Review of the European System of Financial Supervision

KEYNOTE ADDRESS EIOPA S INITIATIVES TO EMPOWER THE PENSIONS SECTOR

The EBA after one year: achievements and challenges ahead

Jean-Claude Trichet: European financial integration

Basel Committee proposals for Strengthening the resilience of the banking sector

11 January SRB Press breakfast. 9h30 11h00 (-1 Athens Room) Elke König. Thank you for joining us today and a very warm welcome to the

FSB invites feedback on risk disclosure practices

EIOPA: recent developments in insurance and pensions. EVCA Investors' Forum Geneva, 14 March 2012

The Basel Core Principles for Effective Banking Supervision & The Basel Capital Accords

Solvency II: Orientation debate Design of a future prudential supervisory system in the EU

REQUEST TO EIOPA FOR TECHNICAL ADVICE ON THE REVIEW OF THE SOLVENCY II DIRECTIVE (DIRECTIVE 2009/138/EC)

CONVERGENCE IN THE REGULATION OF INTERNATIONAL FINANCIAL MARKETS WILTON PARK CONFERENCE NOVEMBER 2005

Solvency II Where do we stand? Consumer Protection Where do we go?

11 th July 2011

Challenges in Global Regulatory Reform

ICI Global 2017 Capital Markets Conference St. Paul s Conference Centre, London

FSI Insights on Proportionality Global Symposium on Development Financial Institutions

Remarks by Nout Wellink Chairman, Basel Committee on Banking Supervision President, De Nederlandsche Bank

Isabelle Vaillant Director of Regulation. European Institute of Financial Regulation (EIFR) 23 Septembre 2016

Solvency II is a huge step forward for policyholder protection and the implementation of a true single market for insurers and reinsurers in the EU.

EBA/Rec/2017/02. 1 November Final Report on. Recommendation on the coverage of entities in a group recovery plan

NOTE ON THE COMPREHENSIVE ASSESSMENT

Speech for the AIMA Global Policy and Regulatory Forum 18 May 2016, London. The Capital Markets Union, supervisory convergence and asset management

TD BANK INTERNATIONAL S.A.

ECA-

Ensuring the sustainability of EU pension systems

The Importance of Developing Financial Safety Nets and the Role of Central Banks

Notification of the Bank of Thailand No. FPG. 12/2555 Re: Regulations on Supervision of Capital for Commercial Banks

Report of the Financial Stability Forum on Enhancing Market and Institutional Resilience. Follow-up on Implementation

The international financial crisis

What have we learnt from the financial crisis? Benoit Cœuré French Ministry of the Economy, Employment, and Industry

Brussels, 23 rd September 2013

INTERNATIONAL ASSOCIATION OF INSURANCE SUPERVISORS

The challenges of European banking sector reform. José Manuel González-Páramo

Challenges in the European Supervision of Asset Management

COPYRIGHTED MATERIAL. Bank executives are in a difficult position. On the one hand their shareholders require an attractive

Bank Capital Adequacy Standards: CRD IV & Europe s transition to Basel III

BASEL II PREPARATION FOR IMPLEMENTATION

Solvency II Update. Latest developments and industry challenges (Session 10) Réjean Besner

Conference on Nordic-Baltic financial linkages and challenges (IMF, Eesti Pank, Sveriges Riksbank)

EU Bank Capital Requirements Regulation and Directive

Introductory Speech. The Solvency II Review: What happens next? Conference on "The review of Solvency II organised by the National Bank of Belgium

Response of the European Financial Services Round Table to the consultation of the European Commission on the Green Paper on Financial Services

Gertrude Tumpel-Gugerell: The road less travelled exploring the nexus of macro-prudential and monetary policy

Banking Summer Academy

FINANCIAL SECURITY AND STABILITY

SUPERVISORY POLICY STATEMENT (Class 1(1) and Class 1(2))

International Conference. Bank Resolution and Public Awareness on Deposit Insurance. X Annual Meeting of the Asia-Pacific Regional Committee

Statistics for financial stability purposes

Basel III: towards a safer financial system

Sabine Lautenschläger: Caught in the middle? Small and medium-sized banks and European banking supervision

This response to CESR s April 2004 consultation paper on the Role of CESR at Level 3 under the Lamfalussy Process is divided into three sections:

Euro area financial regulation: where do we stand?

Corporate & Capital Markets

Dr Andreas Dombret Member of the Executive Board of the Deutsche Bundesbank. Firm as a rock is bank capital an all-purpose tool?

EBA FINAL draft regulatory technical standards

CBFA. We hope that the Commission will take into consideration the CBFA's comments in its revision of the proposal. Yours sincerely.

Interview with Gabriel Bernardino, Chairman of EIOPA, conducted by Paul Carty, General Editor of the Irish Broker (Ireland)

EUROPEAN SYSTEMIC RISK BOARD

Informal summary by the Secretariat

Transcription:

OPRISK USA New York 25 March 2009 The view from Europe Arnoud Vossen, Secretary General of CEBS Ladies and Gentlemen, I am honoured to present to you a European view on risk management and legislation in the wake of the current crisis. But given the recent developments in Europe, I should also address the possible changes in the European supervisory landscape. So I will also speak a bit about the changing institutional setting of supervision in Europe. Since this is most hot, I will start with this. Very recently new proposals have been launched in Europe to strengthen supervision. These proposals are made after a very thorough analysis of what went wrong in the current crisis and what could be improved. The main building blocks of the proposed responses are the following: a stronger European and global macro-prudential analysis; enhancing the Basel II capital requirement process for bank capital; have EU supervision for credit rating agencies; reflect upon mark to market accounting 1

and improve the valuation techniques of complex products; strengthen the supervisory and sanctioning powers for EU supervisors; regulate the parallel banking system for instance hedge funds; swiftly improve transparency of products, by banks and of markets; and bring about changes in the organisation of macro and micro prudential supervision in Europe and globally. More specifically, proposals have been launched to create a separate body in Europe for macro-prudential supervision and to gradually develop a European System of Financial Supervisors, that would have rule-making powers throughout the EU on prudential matters and that would be able to take certain supervisory decisions affecting cross border banks. The day to day supervision would continue to be done by the national supervisors like the UK FSA or the Commission Bancaire, only in case one would not agree, the new European Authority would mediate between the supervisors concerned and would take a binding decision on a cross border banking group. These proposals have been developed by a group of wise men under the leadership of Mr de Larosiere on request of the EU Commission, the executive arm of the European bodies. At the moment the proposals are being discussed by the 27 EU Member States. My best guess would be that at the latest on 9 2

June when the Heads of State in Europe will meet, a preliminary decision could be made on the way forward. But as you can imagine, this is quite a political issue that needs thorough consideration. The reason is that more responsibilities moving towards the centre of Europe will have consequences for the individual EU Member States. A delicate balance has to be struck. But a change is felt necessary, by everyone in Europe. The de Larosiere report has already being named by EU politicians as THE basis for future development. Our committee CEBS - has continuously focused on an evolutionary approach to supervision, building upon the current structures in place in Europe. The proposals I have briefly just described, also build upon these current structures. It may not be a total surprise to hear that CEBS welcomes the proposals, although of course very substantive further work needs to be done; and as always, the devil will be in the legal, institutional and practical details. I will not go further into the details of the more political issues here; but will concentrate on the more technical prudential developments in the remainder of my presentation. Before I continue, I would like to give you some information about the Committee of European Banking Supervisors. We have been up and running for 5 years. Our legal status is that of a private company under UK Law. The Committee has 3

been set up by the European Commission to promote convergence between the 27 national supervisory authorities in Europe. Our office is in the City of London. We have 27 members, both supervisors and central banks from each country in the EU. We also have participants from Iceland, Liechtenstein and Norway, the so-called EEA countries; the EU Commission; and the ECB. Around 55 people are at our table. Our mandate is to give the EU Commission advice on regulatory issues and promote convergence and cooperation among banking supervisors. Recently, we have been tasked with providing the EU political bodies with regular risk assessments and risk outlooks about the banking sector and need to alert the EU political bodies on adverse market developments affecting EU cross border banks. We, as CEBS, however, do not have a responsibility for the supervision of individual banks; this responsibility rests, at the moment, solely at our individual members. We have an organisation with three main pillars dealing with - supervisory practises and supervisory cooperation - development of new prudential regulation - Reporting to supervisors, transparency and valuation. In total more than 200 persons are active within the CEBS structures. During 2008 we had more than 100 meetings organised by CEBS; held hearings on new regulatory 4

developments; and issued much advice on new regulation in the EU. Our meetings are mainly held at our office in London. On lessons learnt. The present crisis has clearly showed that there are obstacles in the present framework in the EU when it comes to handling a crisis of a cross border bank. First, we need a legislative framework that gives supervisors the necessary tools to handle financial markets both under normal conditions, and under stressful situations, like the one we are currently experiencing. Do we have this? Let me first start by looking at the regulations in the EU at large. As you know we have implemented Basel II in the EU. This has been done by means of an EU directive. This directive however is implemented to some extent by every Member State a bit differently. These differences are really a problem in the supervision of a cross border bank. Last year, CEBS urged to the EU legislative bodies to eliminate about 80% of all the national discretions and options presently available in the EU equivalent of Basel II, of which there are over100. This initiative has now been picked up and will lead to legislative changes in due course. 5

The crisis showed also that it is obvious today, that the present legal framework in the EU, does not give supervisors enough powers to intervene early and if necessary in a coordinated and prompt fashion, especially for a bank that operates cross border. As there are around 40 of those banking groups in Europe with several, and for some many, EU supervisors supervising different legal entities of these groups, we have to make sure that supervisors, when needed, have a sufficient legal basis to take action based upon sufficiently converged supervisory and sanctioning powers across the EU countries. To accomplish this, will not be an easy task. This point has been taken up by the EU Commission. Later this year they will come out with a White Paper on their proposals for the way forward. If you would be interested in a detailed analysis of the current sanctioning and supervisory powers for each of the supervisors within the EU, just have a look at our report analysing these, available on our website. A second issue that is being dealt with at the moment, is a more common deposit guarantee system. As the crisis emerged, we have seen deposit outflows from banks in EU countries with low guaranteed amounts to banks in countries with high guaranteed amounts. As an emergency measure across the EU, the level of deposit guarantee has, in a coordinated effort, been raised to a more uniform level. But 6

again here, further legislative action, aimed at a more harmonised approach, is underway. A third topic that needs more focus, is the organisation of the lender of last resort function and the cooperation between central banks, supervisors and ministries. For crisis situations, we set up a very interesting framework of MoUs between the stakeholders I just mentioned. When the crisis hit the markets, we learnt that these MoUs, in some cases were not put into practice, and when they were used, they didn t really show their value or were not followed up. At the moment we are evaluating the way forward. A fourth issue that we learnt from the crisis as being very important is how to organise the burden sharing between the EU Member States involved when money is required for an orderly resolution in a cross-border situation, for a problem bank. This topic is very much related to the fiscal policies of the different Member States in the EU, which are not coordinated within the EU right now (and will probably not be coordinated in the near future). So the set up is, that who pays, makes the decision. So let me now turn to the CEBS work that we feel is very important in the current crisis. Firstly I want to mention disclosures. 7

Good disclosures are key. From the moment the crisis was evolving, CEBS has emphasised continuously the need for good disclosures. The reason for this is that in our view good disclosures can contribute to increased trust amongst banks and towards banks, which of course is very important at the moment, given the situation, for example, at the interbank market. More specifically, CEBS has carried out several assessments of the adequacy of banks public disclosures on securitisation operations, structured products and illiquid assets affected by the crisis and has recently assessed other stressed assets as well. The benchmark for doing these assessments was based upon a set of observed good practices for disclosures on activities affected by the crisis. We developed these observed good practices based upon actual disclosures by banks globally during the first half year of 2008 and presented them in the middle of this year to the market. These observed good practices cover disclosures on the business model, risk management, exposures and their impact as well as accounting policies and valuation issues. In CEBS view, these good disclosure practices provide institutions with clear guidance on: 8

- comprehensive information on the business model and risk management; - meaningful information on exposures and their impacts, with appropriate levels of granularity; - useful disclosures on accounting policies; and - improved presentation of the disclosures. CEBS is of the opinion that the use of these practices will contribute considerably to the improvement of disclosures on exposures and activities affected by the crisis. The practices CEBS has identified have, in essence, a global scope. They are in line with the recommendations made in the last year s report of the Financial Stability Forum (FSF) on Enhancing market and institutional resilience and consistent with the Leading practice disclosures as identified by the Senior Supervisors Group. In a number of areas CEBS practices supplement the FSF and SSG efforts and are meant to put some more practical guidance and flesh on the bones. In fact we aimed for a more holistic approach and promote disclosures that tell a coherent story to help understanding the background to an activity, its impact and importance, as well as its management. The main focus now, is on good practices as observed as of end 2008. Assessments have been done by CEBS for around 20 major banks in the EU in 3 rounds (mid 2008, 3 rd Quarter of 9

2008 and 4 th Quarter of 2008). CEBS analysed the information that institutions provided, not only on quantitative exposures to stressed and illiquid instruments, but also on their impact, link with the business model, risk management practices and accounting and valuation practices. The most recent findings finished yesterday show that on average, the quantitative disclosures on impact and exposure levels are satisfactory, and that the more qualitative disclosures on business model, risk management and accounting, leave room for improvement. Mid this year, CEBS will perform an assessment on the 2008 annual accounts of EU banks and on their first Pillar 3 disclosures, and will then come up with policy recommendations to the EU political bodies, if necessary. A second important topic is colleges. Let s go back for a minute to 1992. This was the year in the EU when we started the internal banking market. No separate licences were necessary any more when a bank wanted to branch out within the Union. A notification by the home to the host supervisor was sufficient. Since then, there has been a clear trend towards more cross border banking, both through branches and through subsidiaries. We now have about 40 banks with major EU cross border banking business. However, in the light of the current crisis, it is becoming increasingly more evident, that the EU banking legislation has been developed when cross border banking was on a very light scale. 10

When the legislation was developed, it was not foreseen that we would have branches of foreign banks that are systemically important and that many cross border banking groups would have, as they now do, centralised treasury functions and centralised liquidity management. This makes supervision more complicated, not the least for the host supervisors. In CEBS view, supervisory colleges can play an important role in bridging information gaps and spreading knowledge in cases where the host or home authority, on a standalone basis, doesn t have enough insight or technical competence. But colleges are more than just this. They are a tool to coordinate the practical supervision of a cross border group. Topics that could be discussed, include the identification of the main risks facing a banking group, the assessment of a bank s business model, its risk management framework, and the supervisory work plan for the group as a whole. There is a special role for the home country supervisor in establishing such a college and in making it work. The biggest added value of the college approach is that the supervisory authorities who participate in a college can now take decisions on a more informed basis. Especially now, in the current crisis, this is a very important feature. But still, it is not a guarantee for getting consistent decisions by all supervisors, since the college of supervisors does not change the division of 11

responsibilities between home and host supervisors. Every supervisor and Member State retains its own decision making powers in respect of that part of the group to which it has given a licence to operate. In the recent proposals for changing the supervisory structures in Europe, the colleges of supervisors have been given a very prominent role. And it has been proposed that members of the CEBS organisation would participate in colleges, to see whether they operate adequately and to assess that the colleges operate in a sufficiently converged way and that there no major differences on supervisory practices between different banks. Furthermore, CEBS has been tasked to develop, by end 2010 at the latest, a joint risk assessment process for home and host supervisors under Pillar 2 of Basel II. This should lead to one joint risk assessment for one cross border banking group, and lead to coordinated Pillar 2 add-ons under Basel II, for the different legal entities of that group. In addition, CEBS is been asked to develop detailed operational guidelines on the adequate functioning of colleges, also by end 2010. In principle, these guidelines should also be suitable for a global group, so there is a genuine interest for us to develop this effort on a globally coordinated way. I m heading towards the end of my presentation. 12

So I would like to highlight a few more topics that are on the EU agenda. Some work had started prior to the crisis, but some of the actions are being taken now in response to the financial crisis and in response to political demands. - Firstly Liquidity risk management. The work on improved regulation and supervision already started before the crisis, but has been intensified. All in all, the approach in the EU is comparable to the BCBS approach, although more emphasis in the EU is placed on supervisory practices. - Secondly, Remuneration schemes. CEBS has launched a consultation its principles on remuneration. It tries to put the right incentives in for banks and focuses on an adequate bonus policy, as part of adequate internal governance. Most probably the EU Commission will propose legislative proposals on remuneration in the second half of this year; - Thirdly, the non-risk based metric. Together with the EU Commission, CEBS is analysing the various possibilities to develop one or more parameters that could be used, together with the risk based BII capital ratio. - Pro-cyclicality should also be mentioned. Various alternatives are being looked at here, amongst others, the 13

measurement of credit risk through the cycle, the use of countercyclical buffers etc. I know for sure that I could easily mention a number of other topics as well. As these too are quite important to take up as soon as possible, but I do not want to overrun my timeslot! Thanks for your attention! 14