Sylvie Goulard - Group of the Alliance of Liberals and Democrats for Europe
On the basis of the report[1] by the high-level group, chaired by Jacques de Larosière, last year the Commission tabled a package consisting of the creation of a European Systemic Risk Board, under the auspices of the European Central Bank, dealing with macro supervision, and also three European Supervisory Authorities (ESAs), dedicated to banks, financial markets and insurance companies. In addition the package contains a proposal for an “Omnibus Directive”, with changes to sectoral financial services legislation, conferring powers to the ESAs aiming at achieving a single rule book.
In December 2009, the ECOFIN council endorsed this package, accepting some progress but it has also diluted many elements: on the micro side, a horizontal “safeguard clause” (article 23) gives the Member states a strong veto right as soon as a decision made by the ESAs could “impinge in any way on the fiscal responsibility of the Member states”; the governments have also reduced the direct powers of the ESAs, in particular in case of an emergency, or if a dispute arising between national supervisors requires mediation.
The Parliament reacted rapidly; the same day of the ECOFIN meeting, a press release cosigned by the four main political groups (the popular right, the socialists, the liberals and the Greens) denounced the watering down of the Commission’s draft.
A revised version of the package has been adopted on May 10, with a broad majority, by the ECON Committee in the European Parliament.
The Parliament’s major changes to the Commission proposal, to strengthen the powers at EU level, are the following:
On the micro-prudential level the ESAs should :
- supervise cross-border institutions that pose a systemic risk,
- have powers to issue binding decisions applicable to financial institutions in the case of a breach of EU law or dispute between national authorities.
Parliament also voted for the setting up of a European deposit guarantee fund to protect depositors and a European banking stability fund to help ailing institutions. Both shall be financed by the financial sector in order to ensure that a burden is not put on the taxpayer. ESMA should also be able to prohibit certain financial products.
On the macro-prudential level the ESRB would in addition to its task of monitoring financial markets and issuing warnings and recommendations, be in charge of declaring emergency situations.
Parliament also decided that the President of the ECB should be at the helm of the ESRB. They also made the decision to open the general board to non-central bankers, and to create a high level advisory scientific committee.
Furthermore, the Committee decided that the authorities should all be located in the same place, Frankfurt, close to the ECB in order to develop a common supervisory culture. We believe that there is a strong case for the proximity of the macro- and micro-prudential authorities.
This text, slightly amended, was passed by a significant majority in the July plenary 2010 but formally, the “first reading procedure” has not been closed.
The discussion foreseen by the co-decision procedure, between the Parliament, the Council and the Commission, is under way with the council playing further the national card and the Parliament trying to maintain a high level of ambition, for three primary reasons:
1. Firstly, the financial services are one of Europe’s strengths; in order to consolidate our competitive advantage in this field, and in order to support the growth of our economy, the EU financial market must be transparent, sound and stable.
2. Secondly, if the cross border groups are not properly supervised, protectionism will continue to develop, putting in danger the single market. The Turner review, published by the British FSA one year ago, stressed this risk of a split that might occur within the single market if the solution would be “more national powers[2]”, as did Professor Monti in his recent report[3]: “It would be a serious mistake if the Council, under the pressure of Member States giving priority to a natural tendency to protect national supervisory competences were to favour timid solutions. These would present the risk of leading to a fragmented and more vulnerable single market”.
3.Thirdly, the EU should be capable of speaking with a stronger voice at the global level, in all the bodies dealing with finance and supervision. The US has just agreed a comprehensive bill. To be heard outside Europe, we have to simplify the decision making process and clearly identify those responsible. All governments repeat the same message at the G 20 but seem to forget it when they negotiate in Brussels.
The crisis has clearly shown the limits, for cross border groups, of parallel national supervisory systems (the Fortis case for example). Even though the Parliament has been asking for a common supervision since at least the Garcia Margallo y Marfil Report in 2000, and despite the fact that we simply cannot afford new expensive bail outs, some states in the Council, refuse any big step. However, the Council has signed and ratified the Lisbon treaty, thereby increasing the powers of the EP and broadening the scope of qualified majority voting among Member States. The world is changing rapidly. We do not need further dilution and further delay because some Member States stick to unanimity voting. The challenge for our generation, in the age of globalization, is to promote what Pascal Lamy called “La démocratie monde[4]” i.e. a new type of democracy at a supranational level, because the main problems we face, like the supervision of financial markets, are at a supranational level. This requires supra-national solutions.
The current crisis of the Euro has shown that coordination of national decisions, seen here in the ECOFIN council, does not deliver a sufficient multilateral surveillance. It has then taken more than 3 months for the European council to take the necessary decisions regarding Greece.
The EU should have more confidence in the Community method. The more the capitals believe they control the European system, the more the system is losing credibility.
[1] http://ec.europa.eu/internal_market/finances/docs/de_larosiere_report_fr.pdf
[2] The Turner Review, A regulatory response to the global banking crisis, March 2009, FSA
[3] A new strategy for the single market at the service of Europe’s economy and society. Point 2.8
[4] La démocratie monde, Editions du Seuil, 2004
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