CEBS s advice to the European Commission on the noneligibility of entities only producing credit scores for ECAI recognition

Similar documents
Revised Guidelines on the recognition of External Credit Assessment Institutions

18 November CEBS s guidelines regarding revised Article 3 of Directive 2006/48/EC

Consultation Paper. ESMA Guidelines on the application of the endorsement regime under Article 4 (3) of the Credit Rating Regulation 1060/2009

22 December Feedback to the consultation on CEBS s Guidelines on Operational Risk Mitigation Techniques (CP 25)

COMMITTEE OF EUROPEAN SECURITIES REGULATORS GUIDANCE. Date: 4 th June 2010 Ref.: CESR/10-347

B REGULATION (EC) No 1060/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on credit rating agencies

11 December Guidelines on reporting requirements for the revised large exposures regime

C HAPTER B. Introduction. Capital Markets and Securities Law

Opinion On the European Commission s proposed amendments to SFTR reporting standards

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

Consultation paper. Guidelines and recommendations on the scope of the CRA Regulation. 20 December 2012 ESMA/2012/841

Cover Note to the Framework for Common Reporting of the New Solvency Ratio

CHAPTER I General provisions. Section I Objective and definitions

SECTION I.1 - CREDIT RISK: STANDARDISED APPROACH General Principles

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

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

Final Report Technical advice on CRA regulatory equivalence CRA 3 update

Fédération Bancaire Française Responses to CP 18

BVI comments regarding ESMA s call for evidence Competition, choice and conflict of interest in the credit rating industry Ref.

Delegations will find below a Presidency compromise text on the above Commission proposal, as a result of the 17 June meeting.

COMMISSION OF THE EUROPEAN COMMUNITIES. Draft COMMISSION DIRECTIVE../ /EC

Delegations will find below a Presidency compromise text on the above Commission proposal, to be discussed at the 28 February 2011 meeting.

Official Journal of the European Union. (Non-legislative acts) REGULATIONS

COMMISSION DELEGATED REGULATION (EU) No /.. of

The Central Bank s Requirement for External Audit of Solvency II Regulatory Returns / Public Disclosures

EBA/CP/2013/33 30 July Consultation Paper

The role of the EBA after the adoption of the CRR and CRD IV framework

Appendix 3 relating to Part 1: Draft BTS EU Exit Instruments

Section 33/2010 Gazette of Národná banka Slovenska NBS Decree No. 15/

Mapping of INC Rating Sp. z o.o. s credit assessments under the Standardised Approach

RATING-AGENTUR EXPERT RA GMBH. ANNUAL TRANSPARENCY REPORT FOR THE YEAR ENDED 31 st OF DECEMBER 2017 PUBLISHED: MARCH 2018

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

SECTION I.1 - CREDIT RISK: STANDARDISED APPROACH General Principles

Mapping of Spread Research credit assessments under the Standardised Approach

GUIDELINES FOR THE IMPLEMENTATION OF THE FRAMEWORK FOR CONSOLIDATED FINANCIAL REPORTING (FINREP)

Consultation Paper CP12/18 Securitisation: The new EU framework and Significant Risk Transfer

Implementation Guidelines on instruments referred to in Article 57(a) of the CRD -CP 33

Canada Credit Rating Action Plan

THE PASSPORT UNDER MIFID

Supervisory Statement SS10/18 Securitisation: General requirements and capital framework. November 2018

Opinion on the solvency position of insurance and reinsurance undertakings in light of the withdrawal of the United Kingdom from the European Union

EBA final draft implementing technical standards

Standard 5.3. Declarations of insider holdings and insider registers. Regulations and guidelines

17 December Consultation Paper on Implementation Guidelines regarding. Instruments referred to in Article 57(a) of Directive 2006/48/EC recast

Joint Consultation Paper

Basel Committee on Banking Supervision. Quantitative Impact Study 3 Technical Guidance

Mapping of modefinance s credit assessments under the Standardised Approach

(Text with EEA relevance)

EBA FINAL draft implementing technical standards

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT. on the feasibility of a network of smaller credit rating agencies

THE CRD AND EUROPEAN DATA PROTECTION LAWS: POTENTIAL CONFLICTS

Consultation Paper. Draft Guidelines EBA/CP/2018/03 17/04/2018

Run-off of Reinsurance Undertakings August Consultation Closed. Consultation Paper CP21

DECREE. No. 123/2007 Coll., stipulating the prudential rules for banks, credit unions and investment firms

Introduction and legal basis. EBA/Op/2017/ December 2017

April CEIOPS-DOC-02/06 Rev 1 Oct 2008

Consultation Paper CP6/18 Credit risk mitigation: Eligibility of guarantees as unfunded credit protection

Consultation Paper. Draft Guidelines On Significant Credit Risk Transfer relating to Article 243 and Article 244 of Regulation 575/2013

Annex IV (b) - INSTRUCTIONS LEVERAGE RATIO REPORTING (Revised Annex II of EBA/CP/2012/06)

DECISION OF THE EEA JOINT COMMITTEE

Consultation Paper. ESMA Guidelines on enforcement of financial information. 19 July 2013 ESMA/2013/1013

Committee on Economic and Monetary Affairs

GUIDELINES ON SIGNIFICANT RISK TRANSFER FOR SECURITISATION EBA/GL/2014/05. 7 July Guidelines

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

Final report on public consultation No. 14/051 on the implementing. technical standards with regard to. procedures for the application of

Regulations and guidelines 4/2018

CP ON DRAFT RTS ON ASSSESSMENT METHODOLOGY FOR IRB APPROACH EBA/CP/2014/ November Consultation Paper

EBA FINAL draft regulatory technical standards

OPINION OF THE EUROPEAN CENTRAL BANK. of 22 September on the designation of Lietuvos bankas as a resolution authority (CON/2015/33)

Opinion of the European Banking Authority on transitional arrangements and credit risk adjustments due to the introduction of IFRS 9

Final Report Amendments to Commission Delegated Regulation (EU) 2017/587 (RTS 1)

FINAL REPORT ON GUIDELINES ON UNIFORM DISCLOSURE OF IFRS 9 TRANSITIONAL ARRANGEMENTS EBA/GL/2018/01 12/01/2018. Final report

Consultation Paper. the draft proposal for. Guidelines. on reporting for financial stability. purposes

COMMISSION IMPLEMENTING REGULATION (EU) /... of XXX

CESR STATEMENT. Application of Disclosure Requirements Related to Financial Instruments in the 2008 Financial Statements

Consultation paper on CEBS s draft implementation guidelines on the revised large exposures regime

UK Action Plan to reduce reliance on CRA Ratings

July 2007 GUIDELINES FOR THE IMPLEMENTATION OF THE FRAMEWORK FOR CONSOLIDATED FINANCIAL REPORTING (FINREP)

EBA FINAL draft Regulatory Technical Standards

PUBLIC CONSULTATION. on a draft Regulation of the European Central Bank on reporting of supervisory financial information.

Final Report. Draft Implementing Technical Standards

EFRAG s Draft Letter to the European Commission Regarding Endorsement of Foreign Currency Transactions and Advance Consideration

European Association of Co-operative Banks Groupement Européen des Banques Coopératives Europäische Vereinigung der Genossenschaftsbanken

COMMISSION DELEGATED REGULATION (EU) No /.. of

Guidance Note Capital Requirements Directive Credit Risk Standardised Approach

FINAL REPORT: REVISED DRAFT ITS ON THE MAPPING OF ECAIS CREDIT ASSESSMENTS JC/CP/2017/61 07/12/2017. Final Report

Mapping of Assekurata credit assessments under the Standardised Approach

THE ROLE OF CESR IN THE REGULATION AND SUPERVISION OF UCITS AND ASSET MANAGEMENT ACTIVITIES IN THE EU

Overview of options and discretions set out in Directive 2013/36/EU and Regulation (EU) N 575/2013

EBA/RTS/2013/07 05 December EBA FINAL draft Regulatory Technical Standards

Reference: Consultation Papers ESMA/2011/302 and ESMA/2011/305 on Draft Regulatory Technical Standards applicable to Credit Rating Agencies

European Securities Markets Expert Group - ESME

Public consultation. on a draft ECB Guide on options and discretions available in Union law

Comments 1. on the EBA consultation paper on RTS on conditions for capital requirements for mortgage exposures (EBA/CP/2015/12)

Mapping of ICAP Group S.A. s credit assessments under the Standardised Approach

Consultation Paper Draft technical standards on content and format of the STS notification under the Securitisation Regulation

Final report Technical advice on third country regulatory equivalence under EMIR Hong Kong

Response to the CESR consultation on technical advice to the European Commission on possible measures concerning Credit Rating Agencies

Directive Proposals on Company Reporting, Capital Maintenance and Transfer of the Registered Office of a Company

Final Report Draft RTS on prospectus related issues under the Omnibus II Directive

Transcription:

17 December 2010 CEBS s advice to the European Commission on the noneligibility of entities only producing credit scores for ECAI recognition Introduction 1. CEBS sets out in this paper its advice to the European Commission on an amendment to the Directive 2006/48/EC to introduce a requirement that an External Credit Assessment Institution (hereafter, ECAI ) has to be registered in accordance with Regulation (EC) No 1060/2009 on Credit Rating Agencies of 16 September 2009 (hereafter, Regulation on CRAs or Regulation ) 1 as a precondition for being recognised as an eligible ECAI for capital requirement purposes; the only possible exception being Central Banks. 2 2. CEBS has published a consultation paper (CP43) on its draft advice on 13 October 2010. 3 The consultation period ended on 13 November 2010 and four responses were received all of which are published on the CEBS website. 4 One of the respondents is an international banking association representing one of the largest European retail banking networks; the other three respondents are credit assessment entities. A feedback document presenting a summary of the key points arising from the consultation and CEBS s responses is also published on the CEBS s website. 1 The Regulation on CRAs is published under: http://eurlex.europa.eu/lexuriserv/lexuriserv.do?uri=oj:l:2009:302:0001:0031:en:pdf 2 The CEBS s advice was endorsed by a qualified majority of CEBS Members with the objection of two Members (France and Portugal). The French Member has objected to the proposals set out in the advice as in its opinion the objectives pursued by the Capital Requirements Directive and the Regulation on CRAs are different. The Portuguese Member has raised serious concerns regarding the lack of technical support of the proposals presented in the advice. 3 CP43 is publish under: http://www.c-ebs.org/publications/consultation-papers/all-consultations/cp41- CP50/CP43.aspx 4 The public responses to CP43 are published under: http://www.c-ebs.org/publications/consultation- Papers/All-consultations/CP41-CP50/CP43/Responses-to-CP43.aspx 1

Reasoning for CEBS s proposals 3. Article 4 of the Regulation on CRAs states that credit institutions, investment firms, and other types of institutions may use credit ratings for regulatory purposes only if they are issued by CRAs established in the Community and registered in accordance with the Regulation. 4. In this context, CEBS understands that CRAs will have to be registered in accordance with the Regulation before being considered eligible to apply for ECAI recognition. 5 The term registered in accordance with the Regulation is used here (and in the proposal for amendments to Directive 2006/48/EC) in a broad sense. CEBS is of the view that the external credit assessments that are eligible for solvency purposes are not only those issued by CRAs established in the Community and registered in accordance with the Regulation, but also all those that are endorsed by a CRA established in the Community and registered in accordance with the Regulation (Article 4.3 of the Regulation);those issued by a CRA established in a third country and that comply with the conditions stated in Article 5 of the Regulation (equivalence and certification based on equivalence) would also be eligible. 5. However, there are certain entities to which the Regulation on CRAs does not apply in accordance with Article 2(2) 6 and which could potentially be eligible to apply for ECAI recognition without being registered in accordance with the Regulation: Central Banks and those entities only producing credit scores (Article 2(2)(b)), and Article 2(2) d)). 7 6. In the case of Central Banks, which are excluded from the scope of the Regulation, there is a requirement that their credit ratings must be issued in accordance with the principles, standards and procedures which ensure the adequate integrity and independence of credit rating activities as provided for in the Regulation (Article 2(2)(d)(iii)). 8 5 This understanding is confirmed by paragraph 3 of Article 2 of the Regulation: A credit rating agency shall apply for registration under this Regulation as a condition for being recognised as an External Credit Assessment Institution (ECAI) in accordance with Part 2 of Annex VI to Directive 2006/48/EC, unless it only issues the credit ratings referred to in paragraph 2. It is also confirmed by the amendments to Articles 81(2) and 97(2) of Directive 2006/48/EC, to which the following sentence was added: Where an ECAI is registered as a credit rating agency in accordance with Regulation (EC) No 1060/2009 of 16 September 2009 of the European Parliament and of the Council on credit rating agencies, the competent authorities shall consider the requirements of objectivity, independence, ongoing review and transparency with respect to its assessment methodology to be satisfied. 6 Article 2, paragraph 2: This Regulation does not apply to: (a) private credit ratings produced pursuant to an individual order and provided exclusively to the person who placed the order and which are not intended for public disclosure or distribution by subscription; (b) credit scores, credit scoring systems or similar assessments related to obligations arising from consumer, commercial or industrial relationships; (c) credit ratings produced by export credit agencies in accordance with point 1.3 of Part 1 of Annex VI to Directive 2006/48/EC; or (d) credit ratings produced by the central banks and which: (i) are not paid for by the rated entity; (ii) are not disclosed to the public; (iii) are issued in accordance with the principles, standards and procedures which ensure the adequate integrity and independence of credit rating activities as provided for by this Regulation; and (iv) do not relate to financial instruments issued by the respective central banks Member States. 7 Private credit ratings as defined in Article 2(2)(a) could never fulfill the requirements demanded to be an ECAI and credit assessments produced by export credit agencies as defined in Articles 2(2)(c) are treated in the CRD separately from credit ratings produced by ECAIs and have different eligibility requirements. 8 In addition, Article 2, Paragraph 4 states that: In order to ensure the uniform application of paragraph 2(d), the Commission may, upon submission of a request by a Member State, in accordance with the 2

7. From a prudential point of view, this requirement ensures that at some extent these entities will in fact meet the requirements set out in the Regulation. CEBS, therefore, agrees that Central Banks excluded from the scope of the Regulation are still eligible for ECAI recognition. In this case, the entire set of technical criteria defined in Annex VI, Part 2 of Directive 2006/48/EC has to be met before ECAI status can be granted. 8. The case of entities only producing credit scores is, however, different. Currently, the Regulation and Directive 2006/48/EC allow these entities to apply for ECAI recognition without requiring them to meet all the requirements set out in the Regulation. This leads to an unlevel playing field between CRAs and entities only producing credit scores and a lack of transparency for both supervisors and the market. 9. In addition, it is CEBS s view that, from a prudential perspective, the credit scores produced by entities that only summarize and express data according to a pre-set statistical system or model alone without any additional substantial rating specific analytical input from a rating analyst in the assessment process 9, should not be used for capital requirement purposes. Therefore, CEBS proposes that entities only producing credit scores which are excluded from the scope of the Regulation not be considered eligible to apply for ECAI recognition. 10.CEBS clarifies that the aim of its proposals is primarily to ensure consistency between the ECAI recognition under the CRD and the Regulation. As a consequence, the CEBS s proposals would prevent the direct use of credit scores for regulatory purposes, in particular its use in the calculation of capital requirements of financial institutions. CEBS further clarifies that its proposals do not prevent in any way financial institutions from using credit scores in their internal risk management or as an input to their internal models under the IRB approach. However, it is CEBS s view that credit scores should not be used for regulatory purposes and that the recognition of a entity only producing credit scores as an eligible ECAI implies that elements that are typical for IRB models would be recognised for supervisory purposes under the Standardised Approach without having regulatory procedure referred to in Article 38(3) and in accordance with paragraph 2(d) of this Article, adopt a decision stating that a central bank falls within the scope of that point and that its credit ratings are therefore exempt from the application of this Regulation. 9 Paragraph 12 of CESR s Guidelines on Registration Process, Functioning of Colleges, Mediation Protocol, Information set out in Annex II, Information set for the application for Certification and for the assessment of CRAs systemic importance (http://www.cesreu.org/index.php?page=document_details&from_title=documents&id=6861) makes it clear that The expression of such opinions requires according to the Regulation also the performance of rating specific analytical functions by a person ( rating analysts ). This performance of analytical functions should be understood as a substantial rating specific expert analysis and evaluation of information regarding creditworthiness employing significant professional knowledge, experience and analytical skills that according to the rating process must have an impact on the rating process and the outcome of the rating process. Therefore if no rating analysts are employed to arrive at a specific expression of creditworthiness of a particular entity, debt or financial obligation, debt security, preferred share or other financial instrument, or of an issuer of such a debt or financial obligation, debt security, preferred share or other financial instrument, such an expression on creditworthiness is not an opinion within the meaning of the definition of a credit rating, and consequently cannot be deemed to be a credit rating within the meaning of the CRA Regulation. Summarizing and expressing data according to a pre-set statistical system or model alone without any additional substantial rating specific analytical input from a rating analyst in the assessment process does therefore, like the activities listed in the exceptions in Article 2.2 of the Regulation (e.g. private credit ratings, credit scores and others), do not require registration according to the Regulation. 3

the same strict process, implementation and validation requirements that must be fulfilled under the IRB approach. 11.CEBS acknowledges that cases might exist where the registered CRAs produce both credit ratings that fall within the scope of the Regulation and credit scores which are out-of-scope of the Regulation. It is CEBS s view that, in these cases, the registered CRA can apply for ECAI recognition, but the use of its assessments for supervisory purposes is limited to the credit ratings which fall within the scope of the Regulation. 12.CEBS notes that at present there are only a few Member States (i.e. EL, FR, IT, PT and SI) that have recognised as ECAIs entities that feature characteristics which may qualify them as credit scoring entities in accordance with the Regulation on CRAs. Empirical evidence provided by these Members did not indicate, in most cases, that the assessments provided by these entities represent a material input in the calculation of supervisory capital requirements, especially for systemic institutions, so that the impact of the (potential) de-recognition of credit scoring entities will be immaterial for most of these Member States. CEBS s proposal for amendments to Directive 2006/48/EC 10 13. In line with the reasoning set out above, CEBS proposes the addition of a new paragraph 1a. to Article 81 of Directive 2006/48/EC: Article 81 1. An external credit assessment may be used to determine the risk weight of an exposure in accordance with Article 80 only if the ECAI which provides it has been recognised as eligible for those purposes by the competent authorities ( an eligible ECAI for the purposes of this Subsection). 1a. An ECAI shall be registered in accordance with Regulation (EC) No 1060/2009 of 16 September 2009 of the European Parliament and of the Council on credit rating agencies as a precondition for being recognised as eligible for the purposes of Article 80, unless it only issues those credit ratings referred to in Article 2(2)(d) of the aforementioned Regulation. 2. The competent authorities shall recognise an ECAI as eligible for the purposes of Article 80 only if they are satisfied that its assessment methodology complies with the requirements of objectivity, independence, ongoing review and transparency, and that the resulting credit assessments meet the requirements of credibility and transparency. For those purposes, the competent authorities shall take into account the technical criteria set out in Annex VI, Part 2. Where an ECAI is registered as a credit rating agency in accordance with 10 Amended by Directive 2009/111/EC published on 17 November 2009. 4

Regulation (EC) No 1060/2009 of 16 September 2009 of the European Parliament and of the Council on credit rating agencies (1), the competent authorities shall consider the requirements of objectivity, independence, ongoing review and transparency with respect to its assessment methodology to be satisfied. 3. If an ECAI has been recognised as eligible by the competent authorities of a Member State, the competent authorities of other Member States may recognise that ECAI as eligible without carrying out their own evaluation process. 4. Competent authorities shall make publicly available an explanation of the recognition process, and a list of eligible ECAIs. 14. CEBS also proposes a new draft for paragraph 2 of Article 97 of Directive 2006/48/EC: Article 97 1. An ECAI credit assessment may be used to determine the risk weight of a securitisation position in accordance with Article 96 only if the ECAI has been recognised as eligible by the competent authorities for this purpose (hereinafter an eligible ECAI ). 2. The competent authorities shall recognise an ECAI as eligible for the purposes of paragraph 1 of this Article only if they are satisfied as to its compliance with the requirements laid down in Article 81, taking into account the technical criteria set out in Annex VI, Part 2, and that it has a demonstrated ability in the area of securitisation, which may be evidenced by a strong market acceptance. Where an ECAI is registered as a credit rating agency in accordance with Regulation (EC) No 1060/2009, the competent authorities shall consider the requirements of objectivity, independence, ongoing review and transparency with respect to its assessment methodology to be satisfied. 3. If an ECAI has been recognised as eligible by the competent authorities of a Member State for the purposes of paragraph 1, the competent authorities of other Member States may recognise that ECAI as eligible for those purposes without carrying out their own evaluation process. 4. The competent authorities shall make publicly available an explanation of the recognition process and a list of eligible ECAIs. 5. To be used for the purposes of paragraph 1, a credit assessment of an eligible ECAI shall comply with the principles of credibility and transparency as elaborated in Annex IX, Part 3. 5