On 6 February 2014, the European Central Bank (ECB) published a decision identifying those banks that are subject to comprehensive assessment under the Single Supervisory Mechanism (SSM) in accordance with Article 33(4) of Regulation 1024/2013. Continue reading →
On 9 January 2014, the European Central Bank (ECB) published a press release announcing the appointment of four Directors General who will head the single supervisory mechanism (SSM) starting early 2014: Continue reading →
On 2 December 2013, the Council of the European Union published a press release announcing that it has approved the Memorandum of Understanding (MoU) (15963/13) between the Council and the European Central Bank (ECB) relating to the single supervisory mechanism (SSM). A few days earlier on 30 November 2013, the Inter-institutional Agreement (IIA) between the ECB and the European Parliament on the implementation of procedures related to the SSM was published in the Official Journal of the EU (OJ).
Another speech on the Single Supervisory Mechanism (SSM) from the European Central Bank (ECB) this time by ECB President, Mario Draghi, titled “The future of Europe” was presented in Frankfurt on 22 November 2013. Continue reading →
On 20 November 2013, the European Central Bank (ECB) published a speech given by the ECB executive board member, Yves Mersch, on the ECB’s perspective on the future of the European banking union. Continue reading →
The SSM Regulation bestows supervisory powers over “significant” Eurozone banks on the European Central Bank (ECB). The assessment of whether or not a bank is “significant” will be based on:
Size – the presumption being that any bank which fulfils any of the following criteria will be regarded as significant:
the total value of its assets exceeds EUR 30 billion; or
its total assets represent over 20% of the GDP of the relevant participating Member State (unless the value of those assets is below EUR 5 billion); or
both the bank’s national competent authority (NCA) and the ECB confirm that the bank is to be regarded as “significant”;
Importance for the economy of the EU or any Member State participating in the SSM; and
Significance of cross-border activities.
Any bank which has received public financial assistance shall be regarded as “significant” as are the three most significant banks in each of the participating Member States. The assessment as to whether or not a bank is “significant” should not be conducted more often than annually.
Pursuant to the SSM Regulation, the ECB will have power over the authorisation (and withdrawal of authorisation) of banks, as well as authority in relation to early intervention and recovery planning (but not resolution). In addition, it can, inter alia:
require banks to hold own funds in excess of capital requirements;
restrict, limit or require the divestment of activities of a bank;
impose limits on variable remuneration;
impose additional reporting and liquidity requirements; or
remove members of the management body.
The ECB is due to publish a framework for the SSM by 4 May 2014, prior to assuming its supervisory role on 4 November 2014. In advance of this, it is empowered to require NCAs to provide it with relevant information from 3 November 2013, the same day on which the SSM Regulation enters into force.