Relocating to the euro area
The ECB is committed to providing information to banks and interested parties about its supervisory expectations. This is especially relevant to those banks considering relocating banking activities to the euro area.
Technical workshop for banks
In the context of Brexit, the ECB and several national supervisors have been approached by banking groups with questions about the supervisory approach in the euro area and about requirements by ECB Banking Supervision for banks potentially relocating business. For that reason the ECB has decided to organise a technical workshop to provide information to such banks, regardless of the euro area member state they may be considering for their operations.
The technical workshop is scheduled for Thursday, 4 May 2017 and will take place at the ECB’s premises in Frankfurt.
Interested banks are asked to contact RelocationFAQs@ecb.europa.eu for further details by 24 April 2017.
Procedures for the relocation of banks to the euro area in the context of Brexit
Here you will find some frequently asked questions (FAQs) about the ECB’s role in supervising euro area banks. Topics include the ECB’s expectations concerning authorisations and banking licences, internal governance and risk management, internal models in banks, and ongoing supervision.
These FAQs will be updated with additional material as appropriate over the coming months.
Who supervises banks in the euro area?
In the euro area, banking supervision is conducted by the ECB and the national supervisors of the participating countries – known as the national competent authorities (NCAs) – within the framework of the Single Supervisory Mechanism (SSM).
The supervisory roles and responsibilities of the ECB and the national supervisors for banks in the euro area are allocated on the basis of the significance of the supervised entities.
- A bank that meets a set of significance criteria (significant institution (SI)) will, as a rule, be supervised directly by the ECB.
- A bank which does not meet these criteria (less significant institution (LSI)) will be supervised directly by the national supervisor of the country where that bank is located. (The ECB has an oversight role to ensure the consistency and quality of supervision across such institutions and over the entire system).
The ECB is also responsible for granting licences for credit institution (as defined in CRR) and approving the acquisition of qualified holdings and other common procedures for all supervised credit institutions within the context of the SSM Regulation (see also Section 2 "Authorisations and licences to carry out banking activities in the euro area" of the FAQs).
How is significance determined?
Is a comprehensive assessment mandatory for all banks determined significant?
Yes. The ECB together with the national supervisors carries out financial health checks of the banks that become or are likely to become subject to direct ECB supervision. These comprehensive assessments help to ensure that the banks are adequately capitalised and can withstand possible financial shocks. They include an asset quality review (AQR) and a stress test.
What if my bank is part of a larger group? Would the ECB directly supervise all entities in the group? Would this affect the significance status of my bank?
Where a bank is part of a group, for the purpose of determining significance the situation of the group at the highest level of prudential consolidation within the euro area will be taken into account (not the individual situation of each entity). For example, if the group’s assets exceed €30 billion at the above-mentioned consolidated level, then all supervised entities within that group are considered as significant, even if they do not meet the threshold of €30 billion of assets at an individual level.
Where a bank is part of a significant group directly supervised by the ECB, the supervision of that bank is conducted both individually and on a consolidated basis. In order to conduct both layers of supervision, the SSM Regulation and the SSM Framework Regulation (the ‘regulations’) grant the ECB specific supervisory powers, not only over banks but also – for example – over (mixed) financial holding companies, as long as they are located within euro area countries and according to the specific rules of the regulations. If the group includes other financial institutions such as investment firms, these institutions would not be supervised by the ECB on an individual level, but would be included in the supervision of the group on a consolidated basis.
According to Article 2 (20) of the SSM Framework Regulation, ‘supervised entity’ means any of the following: (a) a credit institution established in a participating Member State; (b) a financial holding company established in a participating Member State; (c) a mixed financial holding company established in a participating Member State, provided that it fulfils the conditions laid down in point (21)(b); (d) a branch established in a participating Member State by a credit institution which is established in a non-participating Member State.
Will the choice of euro area country in which I establish result in more or less stringent supervision requirements?
The ECB is completely neutral regarding the location chosen and ensures consistent supervision throughout the euro area. All significant institutions are supervised directly by the ECB, using a single set of supervisory standards, irrespective of the country in which they are located. Less significant institutions are supervised directly by the national supervisor of the country where that bank is located. The ECB has an oversight role to ensure the consistency and quality of supervision across such institutions and over the entire system.
Do these FAQs only apply for significant institutions under the direct supervision of the ECB?
No. The ECB and national supervisors have agreed to apply consistent approaches across the euro area, to both significant and less significant institutions.
To whom do I submit my licensing application?
In the euro area, the procedure for granting or extending a banking licence (where relevant) is one of what are known as “common procedures”. The ECB and the national supervisors are involved in different stages of these procedures. In a common procedure, the entry point for all applications is the national supervisor of the country where the bank will be located, irrespective of whether the significance criteria are met or not. The national supervisors and the ECB cooperate closely throughout this procedure, which is completed for all supervised credit institutions, with the ECB taking the decision.
Therefore, in all cases, your licence application should be submitted directly to the relevant national supervisor, so that the common procedure can be triggered. In line with Article 22 of the Capital Requirements Directive (CRD), the same procedure should be followed in the event of an acquisition of a qualifying holding in a bank.
Can I approach the ECB/national supervisors to have pre-application discussions, even if my application file is not complete?
Yes. The ECB and the national supervisors see value in having preparatory discussions with banks interested in establishing or increasing their presence within the euro area. Such discussions are encouraged on issues around your application as soon as you have defined the fundamental elements and narrowed down any options of your transformation or reorganisation plan. In any case, the ECB and the national supervisors start communicating with each other on such applications at an early stage, in order to ensure a smooth process.
How long does the authorisation process take? Should I assume a shorter period if I only apply for the extension of an existing licence?
It usually takes six months from the applicant providing a complete application for a decision to be taken regarding a licence application. This period may be shorter in cases where the applicant asks for an extension of an existing license, provided that the national framework provides for such an extension and that there are no supervisory concerns over the existing SSM entity. In any event, a decision must be taken within 12 months of the date of the application. (For detailed information on the common procedures, see Articles 14 and 15 of the SSM Regulation, as well as Part V of the SSM Framework Regulation.) Submitting a complete file of high quality at the outset is in any case crucial to make sure that your application is processed as smoothly as possible.
Would the duration and assessment criteria differ depending on which euro area country I choose as my location?
No. All licensing applications are processed according to the common procedure described above, regardless of the country in which the application is filed (see also the question on how to submit a licensing application).
There is uncertainty around the exact time when I could lose my rights for cross-border provision of services and/or establishment within the EU, due to a potential loss of the passporting regime. Do you have a specific timeline according to which applications or extensions are expected to be submitted?
Applications will be processed as they are submitted, and within the legal timelines. The duration of the assessment will depend on the complexity of the individual case and the completeness and quality of the application (see also the question above). You should plan accordingly, in order to be sure to obtain your license on time.
What happens if a decision to restructure the group results in a change in the holdings of a bank directly supervised by the ECB? Do I notify the ECB directly?
The acquisition of, or increase in, a qualified holding in a credit institution – as defined in the Capital Requirements Directive – is subject to prior authorisation by the ECB. Like the assessment for granting a banking licence, this assessment is carried out under a common procedure. Therefore, the national supervisor is the entry point to which you should submit a notification. Following close cooperation and consultation with the national supervisor, the ECB will take a supervisory decision on the acquisition of the holding. For a smooth process, applicants should consider engaging in a dialogue with the respective NCA and the ECB prior to the official submission of the application.
Would the ECB accept a business model whereby a bank carries out business – including capital market transactions – in the euro area while it continues to use group-wide infrastructure, expertise and arrangements (e.g. a centralised risk management function) in a third country?
Banks in the euro area should be capable of managing all material risks potentially affecting them independently and at the local level, and should have control over the balance sheet and all exposures. They should be in a position to respond directly and independently to potential enquiries by the ECB or national supervisors on all activities affecting the bank and provide information swiftly. The governance and risk management mechanisms should be commensurate with the nature, scale and complexity of the business and fully comply with European legislation. Establishing an “empty shell” company would not be acceptable.
Can I start carrying out banking activities in a euro area country if not all the necessary arrangements are yet in place, but I plan to put them in place in the near future?
The requirements for a well-functioning bank must be in place before an institution takes up any banking activities in the euro area.
From that starting point, to the extent that the institution is then building up its activities over time, it may be possible that some of the additional local capabilities and arrangements are also built up in parallel. Such arrangements may be permitted by the supervisor on a case by case basis, grounded on an appropriate and credible business plan included in the authorisation application; taking into account the scope and risk of the planned activities, but should in no case endanger robust internal governance and sound and effective risk management, or mean that capabilities and controls are “running behind the business”.
Will the use of a back-to-back booking model be accepted? What arrangements do you expect to be in place when it comes to booking models generally?
Notwithstanding any temporary arrangements that they may agree on a case-by-case basis with the supervisor, the ECB and the national supervisors expect banks to have sufficient capabilities in place (including local infrastructure, staff and risk management functions) to manage all material risks locally.
With specific reference to the “back-to-back booking model”, the ECB and the national supervisors would expect (also after possible transitional arrangements on a case-by-case basis) that a part of all risks is managed locally. For market risk, this might mean eventually establishing permanent local trading capabilities and local risk committees, as well as trading and hedging risks with diversified counterparties. The specific requirements will depend, among other things, on the structure of the booking model, as well as on the underlying contractual relations and internal arrangements.
What are your supervisory expectations when it comes to outsourcing arrangements? Which functions and services would it be possible for a euro area bank to outsource?
The ECB and the national supervisors expect supervised banks to have robust risk control mechanisms in place in entities established in the euro area. These mechanisms should ensure that the implementation of outsourcing agreements (whether within or outside the group) is properly monitored and fully compliant with regulatory requirements.
In addition, the operational independence of the supervised bank should not be compromised as a result of the outsourcing of functions or services. It is also crucial that outsourcing contracts provide for local management and supervisors to have access to full information and the ability to inspect the entity providing the services.
Generally, outsourcing arrangements will be reviewed and assessed by ECB and national supervisors on a case-by-case basis.
Would existing permissions on internal models by a third-country authority be grandfathered by the ECB?
The grandfathering of internal model permissions in this context is not considered as feasible under the current legal framework.
Under the Capital Requirements Regulation (CRR), the (continued) use of internal models by:
- a newly established bank in the euro area
- an existing bank, in the event that it intends to effect changes to the underlying portfolios (e.g. the addition of portfolios to be covered by the internal model)
requires the bank to submit a new application for permission.
How will the ECB assess internal models in the context of a relocation or restructuring within a banking group?
In the context of the United Kingdom leaving the European Union, there will be a limited period in which new euro area banks expanding or migrating from the United Kingdom might use internal models that have not yet been approved by the ECB.
Such an agreement would be subject to strict conditions. First, the internal models must have been approved by the UK supervisory authority and the scope and content of this approval at the consolidated level must match the portfolios that will exist in the new/expanded entity. We will also carefully consider any further comments from the UK supervisory authority on the quality of the models. In addition, banks must have applied for internal model approval in the euro area. Thirdly, we may, in line with the principle of proportionate supervision, frontload certain checks and take actions as appropriate if deficiencies are found. For example, we may consider factors such as the materiality of the assets in scope of the model, the time elapsed since the model was approved, and findings from validation activities.
This limited period will cease as soon as the bank’s model application has been approved or rejected.
When it comes to supervisory options and discretions available under the CRD IV package, which rules do I have to follow if I relocate to a euro area country?
If you are a significant institution, you are subject to the ECB’s policy on the supervisory options and discretions available in EU law. The policy is reflected in the ECB Regulation and the ECB Guide on Options and Discretions, which have been applicable since 2016.
To ensure a level playing field and the consistent application of high supervisory standards across the euro area, it was decided to harmonise the exercise of options and discretions for less significant institutions (LSIs) as well. The process to facilitate this is under way. The final legal instruments are expected to be published in late spring 2017.
How are intragroup large exposures treated?
The general framework on large exposures, as set out in the Capital Requirements Regulation (CRR), is to be applied directly by all banks. When it comes specifically to a potential exemption of a large exposure within entities in a group or network in the euro area, you should examine whether the country where you are located has adopted national laws on the exemption of intragroup large exposures, exercising the transitional discretion of Article 493(3) of the CRR.
- If this is the case, you are required to comply with these national laws. These laws will be taken into account when assessing intragroup large exposures which the entity wishes to exempt from the large exposure limit set out in the CRR.
- If this is not the case, you are required to comply with the ECB policy on exercising this discretion as it currently stands. This policy is reflected in the ECB Regulation on options and discretions [Article 9 and Annex I, link to ECB OND Regulation]. Please note that, in the light of a potential increase in the volume and importance of exposures towards third-country entities, ECB and national supervisors are considering the introduction of prior supervisory scrutiny before allowing exemptions from the limits.
Overview of the different regimes applicable in the euro area countries
|Stocktake of national implementation of large exposure limits*|
|ECB OND Regulation applies in countries where Article 400(2) CRR is exercised||ECB OND Regulation does not apply in countries where Article 493(3) CRR is exercised|
|IE, NL, SK, LT, EL, CY, SI, LV||AT, FR, LU, ES, PT, IT , MT, FI, EE, BE, DE|
* Table information as of Q2/2015.
How is the supervisory review process applied? (Basel Committee on Banking Supervision “Pillar 2”)? Would a third-country parent institution be covered by measures adopted by the ECB or national authorities?
The Supervisory Review and Evaluation Process (“SREP”) is based on the scope of prudential consolidation within the EU and is carried out taking the consolidated level of the group at EU level into account, thereby assessing the financial situation and risks of all entities within the group. This means that the SREP for the supervised bank will cover the EU parent, but not the third-country parent of a supervised group.
The European Commission has recently published a proposal for revisions of the Capital Requirements Regulation and the Capital Requirements Directive. What are the ECB’s views on this proposal and, in particular, the rules affecting third-country banking groups?
The ECB is assessing this proposal very carefully and intends to communicate its views in an ECB Opinion, which is envisaged to be published in spring 2017.
Do you intend to communicate further guidance on supervisory issues in the future?
The ECB may publish new and/or updated FAQs on supervisory issues on its banking supervision website.
Who can I contact for more information?
Please contact RelocationFAQs@ecb.europa.eu.