ECB & Banking Union Prof P. Nicolaides The course road map Evolu9on of EMU & ra9onale Treaty provisions on EMU & capital ...
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ECB & Banking Union Prof P. Nicolaides
The course road map
Evolu9on of EMU & ra9onale
Treaty provisions on EMU & capital
Crisis: State aid
Recent case law Banking Union: SSM & SRM
Crisis: New rules & ins9tu9ons
Themes § Tasks of the ECB § Why price stability? § Independence & accountability of the ECB § Decision-‐making § How the ECB operates § Banking union § Annexes
Tasks of ECB [Arts 127 & 128] § Define & implement monetary policy • Price stability = inflaJon below but close to 2% § Issue euros § Conduct foreign exchange operaJons § Hold & manage official reserves § Operate payment systems § Collect staJsJcs
Infla9on
Source: ECB
Why price stability? § PoliJcs: Without it, DE would never have consented to MU § Economics: • Monetary expansion has no long-‐term effect on real economy • InflaJon is costly
Independence in determining monetary policy
§ Central Banks have been given independence to insulate them from poliJcal interference § Why? § Because poliJcians are “Jme inconsistent”: InflaJng economy today gets you elected. Future inflaJon will be somebody else’s problem
Central bank independence and infla9on
Source: ECB
Aspects of ECB independence [to protect price stability]
§ Decision-‐making independence: • Art 129/282: ECSB governed by ECB governing bodies => can decide independently & no need for authorisaJon • Art 130/282: ESCB & ECB are insulated from poliJcal interference § Personal independence: Art 130 § FuncJonal independence: • ECB has at its disposal all necessary policy instruments • Art 123 => ECB not constrained by MS policies § Financial independence: ECB has own budget & capital [so does the SRM] § Very difficult to change its statutes
However, ECB independence is not unlimited [independence in performing its tasks]
§ C-‐11/00, Commission v ECB § Concerns refusal of ECB to be subject to OLAF invesJgaJons, ciJng its independence § ECJ: • Influences from which ECB is shielded are those likely to interfere with performance of its tasks • Being subject to measures in area of fraud prevenJon does undermine ECB’s ability to perform independently the specific tasks conferred on it by Treaty • OLAF is not per se capable of undermining ECB's independence
And, ECB is independent where it is empowered to act § T-‐496/11, UK v ECB § GC annuls provision of ECB’s Eurosystem Oversight Policy Framework, which required parJes in clearing of securiJes to be located within Eurozone § GC made a disJncJon between payment and clearing systems and concluded that ECB had no powers with respect to clearing of securiJes and therefore overstepped its competences in violaJon of Art 13(2) TEU § GC also noted that “implicit powers” only excepJonally recognised by case law – ECB could have asked for its statutes to be amended
But is ECB accountable? § Montagu Norman, Governor, Bank of England, 1920s-‐1940s: “A CB must never excuse & never explain”
§ An independent insJtuJon is not necessarily accountable § An accountable insJtuJon is necessarily independent § Why accountability? § Because accountability ensures policy effecJveness
Aspects of ECB’s accountability § Mario Draghi: Accounts & Accountability, 31 March 2015 • Transparency & explanaJon so that markets understand and monetary policy works beser § Transparency: • Clearly defined mandate • PublicaJon of regular [quarterly & annual] reports • PublicaJon of account of meeJng [1st Jme in January 2015] § ExplanaJon: • In publicaJons • In quarterly [used to be monthly] press conferences • In reports to EP, Council & Commission • In speeches of ECB President to EP § SancJons?
Monetary policy making ESCB ECB
28 NCB Governing Council of ECB & ESCB (6+19) Execu9ve Board (6) Decision-‐making bodies of ECB 19 NCB of euro countries General Council of ECB & ESCB (2+28) President & Vice-‐president ECB
28 NCB
Decision making: Rota9on of vo9ng rights in Governing Council § Past system: one member = one vote § Present system: rotaJon of voJng rights § 25 members but only 21 votes • ExecuJve Board = 6 votes • MS = 15 votes § MS divided into groups according to size of economy & financial sectors § Countries ranked 1st to 5th [DE, FR, IT, ES, NL] = 4 votes § All others [14] = 11 votes § Governors take turns using voJng rights on monthly rotaJon § But all members of Governing Council asend & speak
How the ECB operates: Two-‐pillar strategy Eurozone economy Input: sta9s9cs
Monetary variables
Economic variables
analysis
Governing Council Output: decision
Monetary policy aiming at price stability
Monetary policy instruments § ECB Guideline 2015/510 on monetary policy instruments [ hsp://eur-‐lex.europa.eu/legal-‐content/EN/TXT/?uri=uriserv:OJ.L_. 2015.091.01.0003.01.ENG] OJ L91, 2/4/2015
§ Open market operaJons • Short-‐term [weekly] liquidity to financial sector [purchase or sale of AAA-‐rated bonds & securiJes] § Standing faciliJes at interest rates determined by ECB • Overnight facility: Deposit & Lending § Minimum reserve requirements for credit insJtuJons § Non-‐convenJonal asset purchase programmes
“Whatever it takes” § Mario Draghi, London, July 2012: The ECB will do “whatever it takes” to save the euro § OMT: Purchasing of govt bonds on secondary market § Claimed to be in compliance with Art 123: • Secondary not primary market • Under strict condiJonality We will examine later OMT reference for preliminary ruling by German Cons9tu9onal Court
Financial crisis => Non-‐conven9onal instruments § Financial transacJons that support real economy depend on conJnuous financial flows between banks § Crisis 1 => bank failure => freezing of credit markets => reliance on CB faciliJes § Crisis 2 => hampers monetary policy transmission mechanism => non-‐convenJonal instruments § Non-‐convenJonal instruments • Purchasing govt bonds on secondary markets • Emergency Liquidity Assistance [ELA] to banks [which provide govt bonds as collateral] • Outright Monetary TransacJons [OMT]: Purchasing of govt bonds [on secondary market] on strict condiJonality
Emergency Liquidity Assistance § ELA = provision by a Eurosystem naJonal central bank [NCB] of: 1. central bank money and/or 2. any other assistance to a solvent financial insJtuJon that is facing temporary liquidity problems § Responsibility for the provision of ELA lies with the NCB concerned. This means that any costs & risks of provision of ELA are incurred by NCB § However, ECB Governing Council approves or terminates ELA
Jus9fica9on [by ECB] § ECB pursues symmetric definiJon of price stability [inflaJon not just below 2%, but close to 2%] § Interest rates alone not sufficient to steer inflaJon closer to 2% § Asset purchasing does not moneJse govt debt
“Pillars” of banking union
EU banking union
Common regulator [SSM]
Common rules [single rulebook]
Common crisis management: -‐ resolu9on [SRM] [-‐ deposit insurance]
Banking union & the new framework of financial regula9on Macro-‐pruden9al supervision Principles Crisis preven9on Crisis management Crisis resolu9on Micro-‐pruden9al supervision
European Systemic Risk Board (ECB, Commission, NCBs, MS regulators) European Systemic Risk Board [ESRB] has no budget of its own. ECB is its secretariat and ECB finances ESRB acJviJes
ECOFIN Early risk warning to MS
European System of Financial Supervisors European European European Banking Insurance & Securi9es Authority Occupa9onal Authority Pensions Authority SSM / ECB
Banking union for … regulatory improvement § Achieve coherent, consistent & seamless applicaJons of banking rules across EU [instead of 28, naJonally focused, regulators] – mere coordinaJon is not enough § Financial stability is a public good [for funcJoning of both banking & monetary policy] – beser provided centrally
Banking union for … crisis management improvement § Break habit of naJonal aid to ailing banks § De-‐link size of banks from size of home countries [banks should not be “too big to fail”] § Make it more difficult for banks to lobby regulators § In the event of bailout, • Priority for resoluJon rather than simple rescue • Costs to be borne by shareholders & creditors rather than tax payers [state aid to banks ≈ EUR 6 trillion!!] • Consistent applicaJon of rules
Banking union for … monetary policy improvement § FragmentaJon of financial markets impedes transmission of monetary policy § De-‐couple banking debt from sovereign debt, so that fiscal policy instruments become less constrained and monetary policy more effecJve
SSM [Reg 1024/2013] § ECB supervises directly “significant” banks • Significant: Assets > EUR 30 bn or 20% of MS GDP § ECB supervises indirectly remaining banks through NCB on condiJons specified by ECB § EBA to conJnue developing single rule book § First report: 31 March 2015 § Finds problems with 11 banks [hsps://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssmar2014.en.pdf]
Banking union architecture 1. Supervisory Mechanism 2. Resolu9on Mechanism/Fund (3. Deposit Guarantee Fund)
EBA
Banking ECB supervision ECB to supervise directly largest banks and indirectly remaining banks, by delegaJng tasks to MS regulators
Na9onal supervisors/ regulators
SSM & sharing of tasks SSM Supervisory Board Chair & Vice-‐Chair 4 ECB representa9ves MS representa9ves
SSM countries MS ECB SSM Supervisory Board supervisors 6000 Systemic Other Other banks banks ins9tu9ons
About 130 banks represen9ng 85% of total eurozone banking assets
Non-‐SSM countries
Single supervisor & accountability § PotenJal problem: • Possible conflict between monetary policy & supervision • Several supervisors may be beser than single supervisor § SoluJons: Division of tasks & accountability § “Chinese” walls between banking supervision & monetary policy & staff § Supervisory Board decides but ECB Governing Council has final word § SSM accountability: • Chair & Vice-‐chair confirmed by EP • Submits reports to EP & Council & Chair briefs EP • Publishes reports
SRM [Reg 806/2014] [+ BRRD 2014/59] § “Being European in life, but naJonal in death” will no longer be possible § SRM = SR Board [under ECB supervision] & SR Fund § SRF = 1% of covered deposits [= EUR 55 bn in 2023] § SRM/BRRD: • Lay down obligaJon for restructuring/recovery/closure • Define resoluJon tools, procedures & prioriJes
BRRD: Main provisions § Banks and authoriJes make adequate preparaJon for crises § NaJonal authoriJes have necessary tools to intervene in a troubled insJtuJon § NaJonal authoriJes have harmonised resoluJon tools and powers to take rapid and effecJve acJon § AuthoriJes cooperate effecJvely when dealing with the failure of a cross-‐border bank § Banks contribute to resoluJon financing arrangements to support the costs of restructuring
Cont. § ResoluJon tools: • Sale of the insJtuJon • Transfer assets to bridge insJtuJon • Asset separaJon • Bail-‐in § Principles: • No creditor worse off than in liquidaJon • Bail-‐in becomes the rule and bail-‐out the excepJon => creditors will bear cost of restructuring • First 8% of liabiliJes covered by shareholders & creditors • The next 5% of liabiliJes covered by SRF/NRF • Then external funding may be sought
Resolu9on at EU level SR Board manages resolu9on
Bail-‐in order
ECB determines whether bank is failing
SRF
[about EUR 55 bn to be reached over 8 years] Contribu9ons [i.e. gradual mutualisa9on]
Owners & Creditors 1
2
3
Failing bank
MS
Banks
[collects and transfers contribu9ons]
What else?
SSM
SRM
Reinforce each other
Deposit insurance?
SRM accountability § SRB to replace Euro MS resoluJon authoriJes set up by Dir 2014/59 § ArJcle 45: Accountability 1. SRB accountable to EP, Council & Commission 2. SRB submits AR to EP, MS parliaments, Council, Commission & ECA 3. Chair presents AR to EP & Council & parJcipates in EP hearings 4. SRB replies to quesJons by EP or Council FT, 4/1/16: SRB expected to resolve 10 banks in next 4 years
Agreement between the EP and Single Resolu9on Board on accountability and oversight [24 Dec 2015] § “Any conferral of resoluJon powers to the Union level should be balanced by appropriate accountability requirements” 1. InformaJon and reports: What informaJon to be provided in AR and obligaJon to parJcipate in EP hearings & meeJngs 2. SelecJon procedures: How to select officials 3. InvesJgaJons: ParJcipaJon in inquiries 4. Code of conduct by the Board: Self-‐statement by SRB 5. AdopJon of acts by the Board: ConsultaJon of EP
Annual Report § AR shall include detailed explanaJon of following: 1. 2. 3. 4. 5. 6. 7. 8. 9.
execuJon of tasks conferred on Board by SRM RegulaJon sharing of tasks with naJonal resoluJon authoriJes cooperaJon with other naJonal or Union authoriJes cooperaJon with third countries evoluJon of Board's structure and staffing implementaJon of Code of Conduct amounts of administraJve contribuJons implementaJon of the budget for resoluJon tasks applicaJon of the SRM RegulaJon provisions regarding the Fund [e.g. investment strategy]
Conclusions § ECB is very independent and accountable § ECB acted quickly to remedy crisis § Its unconvenJonal instruments are controversial but effecJve § Crisis has revealed that financial markets are fragmented along naJonal lines by divergent laws & regulaJons § Banking Union [SSM, SRM] should prevent banking failures, should strengthen market confidence and should de-‐link banking crisis from sovereign crisis
Annex I: Money & monetary transmission mechanism
What is money? § Money has three funcJons: • Store of value • Unit of account • Medium of exchange § Types of money: • Commodity [e.g. gold, sea shells, cigareses] • Fiat [created by decree, intrinsically useless]
Quan9ty of money § Measures of quanJty of money: • Currency • M1 [currency + current accounts] • M2 [M1 + savings] § Bank deposits make up about 95% of all money § Myth 1: Central bank prints money [true, but this is very small]. Central bank determines “price” of money § Myth 2: Banks are intermediaries & quanJty of money depends on amount of savings [not true: money saved = money not spent = money not earned by companies]
Money crea9on § Money is created primarily through: • Lending by commercial banks They grant loans by crediJng accounts of borrowers • Open-‐market operaJons of central banks: Central banks sell/buy bonds. They buy bonds from, say, a company by crediJng the account of a bank at the CB, which in turn credits the account of the company
Money crea9on through lending When a bank makes a loan, it creates an account which it credits
Before the loan
Assets
Liabili9es
Reserves Currency
Deposits
Aqer the loan Assets
Liabili9es
New loan
New deposits
Reserves
Deposits
Currency
But, there are limits on how much money banks can create: e.g. risk of borrowers, liquidity requirements
Money
Money crea9on through open-‐market opera9ons Before asset purchase
Aqer asset purchase
Central bank Assets
Assets
Liabili9es
Reserves
Assets
Liabili9es
Corp bonds Assets
Reserves
Commercial bank Assets
Reserves
Assets
Liabili9es
Reserves
Deposits
Liabili9es
Deposits
Money
Monetary policy transmission mechanism
Annex II: Regulatory weaknesses before banking union
Lessons: Bias of na9onal regulators spreads risk § S. Agarwal, D. Lucca, A. Seru, F. Trebbi, Inconsistent Regulators: Evidence From Banking, NBER Working Paper No. 17736, January 2012
Findings: § Federal regulators are significantly less lenient, downgrading raJngs about twice as frequently as state supervisors. Under federal regulators, banks report higher non-‐performing loans, more delinquent loans, higher regulatory capital raJos § There is higher frequency of bank failures in states with more lenient supervision relaJve to the federal benchmark
Ten regulatory weakness in EU 1. No single rule book 2. No single definiJon of credit insJtuJons 3. JurisdicJonal delimitaJon 4. Divergent supervisory regimes 5. Differing resoluJon regimes 6. DuplicaJve reporJng regimes 7. No uniform exchange of informaJon 8. Incomplete cooperaJon between home & host supervisors 9. ConfidenJality in exchange of informaJon 10. Inconsistency between private & supervisory law Source: R. Smits, Ten regulatory gaps, Central Banking, 2010, vol.20
Annex III: Future membership of SSM
Poten9al benefits for non-‐euro countries from joining SSM § Increased stability [bigger resoluJon fund] § Increase in quality of supervision and harmonizaJon of supervisory pracJces that would counter naJonal bias § Improved home-‐host relaJons § Access to parent bank supervisory data § Improved poliJcal posiJon on the EU fora § For banks in opt-‐in countries: Harmonized reporJng and lower compliance costs § Beser coordinaJon and burden-‐sharing related to cross-‐ border resoluJon
Poten9al costs from joining SSM § Limited influence within the SSM, as Supervisory Board drazs decisions ulJmately taken by Governing Council in which opt-‐ ins do not parJcipate § Insufficient “added value” of the SSM over naJonal supervisory framework, as SSM creates another, centralized supervisory layer with increased administraJve burden § Complicated and Jme-‐consuming decision-‐making process of SRM that involves too many parJes to ensure Jmely “over-‐ the-‐weekend” resoluJon § Lack of access to liquidity facility at the ECB and to ESM § TransiJonal problem: SRF not having a sufficient size § Lack of single deposit guarantee scheme
Annex IV: CMU
Capital markets union [CMU] § Commission, Green Paper on Building a Capital Markets Union, 18/2/2015 § CMU is different from BU, but supports BU § Aims of CMU [reducJon of risk & more capital for growth]: • Improving access to finance [lower cost & more capital] • Diversifying sources of finance [less risk] • Cross-‐border • Less dependency on banks & debt instruments [more equity => more risk sharing] § Means: • Harmonising legal [e.g. insolvency] & tax differences
Equity & debt markets as % of GDP
Source: ECB
Cont.
Fragmenta9on of financial markets
[share of financial instruments by non-‐residents]
Source: CEPS, 2014