On 12 February 2020, the draft Act implementing capital requirements 2020 (Implementatiewet kapitaalvereisten 2020, the Draft Act) was published for public consultation. The Draft Act contains changes to the Act on the Financial Supervision (Wet op het financieel toezicht) which are necessary to implement: Directive (EU) 2019/878 of the European Parliament and of the Council … Continue Reading
Article 19(6) of the Deposit Guarantee Schemes Directive (DGSD) requires the European Commission to submit to the European Parliament and to the Council a report on the progress towards the implementation of the Directive. To support the Commission in meeting this obligation, the European Banking Authority (EBA) committed to drafting three opinions on the DGSD. … Continue Reading
On 30 January 2020, there was published in the Official Journal of the European Union: Decision No 62/2018 of the EEA Joint Committee concerning the incorporation of delegated and implementing regulations relating to the Solvency II Directive; Decision No 63/2018 of the EEA Joint Committee concerning the incorporation of Commission Delegated Regulation (EU) 2016/438 and … Continue Reading
On 31 January 2020, the European Banking Authority (EBA) published two reports on the consistency of risk weighted assets across all EU institutions authorised to use internal approaches for the calculation of capital requirements. The reports cover credit risk for high and low default portfolios, as well as market risk. The credit risk report examines … Continue Reading
On 22 January 2020, Norton Rose Fulbright’s corporate financial services and government relations practices, in cooperation with the City of London Corporation, organised a panel debate on “The finalisation of the Basel III reforms in a post-Brexit environment: single or dual-track approach?”. Hosted in Norton Rose Fulbright’s Brussels office, the event gathered over 75 participants, … Continue Reading
On 22 January 2020, the European Banking Authority (EBA) published a discussion paper on future changes to the EU-wide stress test. The proposed new framework comprises of two components owned by supervisors and banks respectively: the supervisory leg and the bank leg. The supervisory leg serves as the starting point for supervisory decisions and would … Continue Reading
On 21 January 2020, the European Central Bank (ECB) published a letter from Andrea Enria, ECB Supervisory Board Chair, to significant institutions supervised under the Single Supervisory Mechanism (SSM) regarding variable remuneration policies. Additionally, the ECB has also published a recommendation (dated 17 January 2020) on dividend distribution policies. In the letter, the ECB reminds … Continue Reading
On 20 January 2020, the European Central Bank (ECB) published a consultation on a draft ECB guideline that specifies how Member State national competent authorities (NCAs) shall exercise the discretion conferred on them under Article 178(2)(d) of the Capital Requirements Regulation (CRR) in relation to less significant institutions with regard to the threshold for assessing … Continue Reading
On 16 January 2020, the European Banking Authority (EBA) published a report on the application by Member State competent authorities (NCAs) of the regulatory technical standards (RTS) on the criteria to identify categories of staff whose professional activities have a material impact on an institution’s risk profile. The review shows that, within the EEA, NCAs … Continue Reading
On 18 December 2019, the European Banking Authority (EBA) published a report on undue short-term pressures from the financial sector on corporations. The report is in response to the call for advice from the European Commission as part of its Action Plan, Financing Sustainable Growth, and will inform policy actions that could be taken to … Continue Reading
On 17 December 2019, the Financial Stability Board (FSB) published its work programme for 2020. The FSB’s work programme is split across five areas: addressing new and emerging vulnerabilities in the financial system: including more detailed work on FinTech, global stablecoins, cross-border payment systems and cyber resilience; finalising and operationalising post-crisis reforms: including building resilient … Continue Reading
On 17 December 2019, there was published in the Official Journal of the European Union (OJ): Regulation (EU) 2019/2155 of the European Central Bank (ECB) amending the ECB Regulation on supervisory fees. The ECB has decided to no longer require advance payment of its annual supervisory fees. The fees will only be levied after the … Continue Reading
On 12 December 2019, the European Central Bank (ECB) published the introductory comments made by its chair, Andrea Enria, at the second ordinary hearing at the European Parliament’s Economic and Monetary Affairs Committee. In his comments, Mr Enria describes the progress in the Eurozone in reducing risks in the banking sector noting that the volume … Continue Reading
On 9 December 2019, the European Payments Council published the 2019 Payment Threats and Fraud Trends Report, which provides an overview of the most important threats in the European payments landscape. The report provides an overview of the most important threats in the payments landscape, including social engineering and phishing, malware, advanced persistent threats (APT), … Continue Reading
On 9 December 2019, the European Banking Authority (EBA) published updated guidelines on harmonised definitions and templates for the reporting of funding plans of credit institutions. The guidelines have been drafted in accordance with Article 16 of the Regulation establishing the EBA, which mandates the European Supervisory Authority to seek to establish consistent, efficient and … Continue Reading
On 9 December 2019, there was published in the Official Journal of the European Union (OJ) a recommendation of the European Systemic Risk Board (ESRB) on the exchange and collection of information for macroprudential purposes on branches of credit institutions having their head office in another Member State or in a third country. Contained within … Continue Reading
On 28 November 2019, the Basel Committee on Banking Supervision (Basel Committee) launched a consultation paper setting out a set of targeted adjustments to the credit valuation adjustment (CVA) risk framework issued in December 2017. The purpose of the adjustments is to align the relevant parts of the revised CVA risk framework with the minimum … Continue Reading
On 25 November 2019, the Council of the EU published a progress report on work on strengthening the EU Banking Union. The report focuses on the following: European deposit insurance scheme (EDIS). Among other things the report states that Commission services presented the main findings of a soon-to-be published study Options and national discretions under … Continue Reading
On 22 November 2019, the Financial Stability Board published its 2019 list of global systemically important banks (G-SIBs) using end-2018 data and an assessment methodology designed by the Basel Committee on Banking Supervision. One bank, Toronto Dominion, has been added to the list of G-SIBs that were identified in 2018, and therefore, the overall number … Continue Reading
On 15 November 2019, the European Securities and Markets Authority (ESMA) published an updated version of its Q&As on the Securitisation Regulation. ESMA has included a summary table of the Q&As which have also been reordered. The updated and new Q&As provide clarification on how different aspects of the templates contained in ESMA’s draft technical … Continue Reading
On 19 November 2019, the Basel Committee on Banking Supervision (Basel Committee) has published a report on open banking and application programming interfaces (APIs). In the report, the Basel Committee focuses on aspects of open banking related to customer-permissioned data sharing where the customer initially grants permission to a third party to access their data, … Continue Reading
On 14 November 2019, the Financial Stability Board (FSB) published its eighth report on the implementation of its resolution reforms. The report assesses FSB members’ progress in implementing the FSB’s resolution policies for central counterparties (CCPs), banks and insurers. While acknowledging the “remarkable progress” already made, it points out that such progress has been uneven … Continue Reading
On 14 November 2019, the European Forum of Deposit Insurers (EFDI) published a non-binding guidance paper on deposit guarantee schemes’ (DGSs) alternative measures to pay-out. Article 11(3) of the Deposit Guarantee Schemes Directive (DGSD) permits DGSs to use available financial means for alternative measures in order to prevent a bank from failure, as well as … Continue Reading
On 13 November 2019, the European Banking Authority (EBA) launched a consultation paper on draft amended regulatory technical standards (RTS) and implementing technical standards (ITS) on passport notification. The consultation examines two sets of technical standards on passport notification, developed by the EBA in accordance with the mandate set out in Articles 35, 36 and … Continue Reading
