The European Banking Authority (EBA) published today its final Guidelines on contributions to deposit guarantee schemes and on payment commitments. Both Guidelines will help ensure consistent application of the new funding mechanisms provided for in the new Deposit Guarantee Schemes Directive (DGSD).
The objective of the DGSD is to increase the resilience of deposit guarantee schemes (DGSs) and improve depositors' access to compensation. All DGSs in Europe will now have to be pre-financed by credit institutions. Depositors will be compensated quicker and in case of failure at a branch of a bank established in a different Member State, will benefit from the assistance of their own local DGS acting as a one-stop-shop.
The EBA Guidelines on risk-based contributions set forward methods for calculating ex-ante contributions to DGSs that are adjusted to the risk profile of each credit institution, thus promoting risk discipline and addressing moral hazard.
Under these Guidelines, calculation methods will include a set of core indicators capturing the main dimensions of the risk profile of credit institutions. Obligatory indicators will thus cover aspects such as capital, liquidity, asset quality, business model and asset encumbrance. These obligatory indicators will represent 75% of the risk assessment, thus leaving some framed flexibility to the DGSs and designated authorities to determine the remaining 25%. This flexibility will allow DGSs and designated authorities to take into account the specificities of credit institutions, while respecting a number of safeguards so as to ensure harmonisation and comparability across the Single Market.
In line with the DGSD, the Guidelines on payment commitments further specify the option for DGSs to authorise credit institutions to contribute, up to 30% of the required contributions, in the form of secured commitments to pay upon request.
Under these Guidelines, credit institutions will be able to make payment commitments by concluding two types of arrangements: a Payment Commitment Arrangement formalising the commitment, the amount and the rights of the DGS to claim the funds; and a Financial Collateral Arrangement, fully compliant with EU law on financial collateralisation, which ensures that the DGS access to funding is properly guaranteed by low risk assets that can be quickly mobilised in case the institution does not meet its commitment.
The Guidelines provide for criteria on the eligibility and management of collateral. Assets will be eligible for collateral only if they are of sufficiently low risk. The Guidelines also provide that DGSs should limit their exposure to debt, whether public or private, the value of which is highly correlated to events where the DGS would have to use its funds, and therefore might have to call in the payment commitment. Collateral will be subject to regular marking to market and precautionary haircuts in order to cater for possible losses at the point of failure.
The Guidelines also introduce principles ensuring that the prudential treatment of payment commitments does not encourage procyclicality by incentivising payment commitments over cash contributions. Accordingly, unless payment commitments are fully reflected on balance sheets and profit and loss accounts, supervisory authorities should assess, within their supervisory review and evaluation process, the risks to which the capital and liquidity positions of a credit institution would be exposed should the DGS call this institution to pay its commitment in cash. In the latter case, supervisory authorities should seek to mitigate that risk by requiring additional capital or liquidity requirements.
Legal basis and background
These Guidelines have been developed according to Articles 10(3) and 13(3) of the Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (Deposit Guarantee Schemes Directive -DGSD). The Directive was adopted on 16 April 2014 and it is due for transposition by all Member States by 3 July 2015.
DGSs and designated authorities should implement these Guidelines by incorporating them in their practices by 31 December 2015.
Following the publication of the English version, the EBA will make available, in due course, the translations of these Guidelines in all EU languages. Within two months from the publication of the translated Guidelines, supervisors and resolution authorities shall confirm to the EBA their compliance status, which will be disclosed on the EBA website.
Documents
Guidelines on methods for calculating contributions to DGS
(970.93 KB - PDF) Last update 13 June 2016
bgБългарски (671.55 KB - PDF)
csČeština (666.93 KB - PDF)
daDansk (534.53 KB - PDF)
deDeutsch (593.62 KB - PDF)
elΕλληνικά (700.69 KB - PDF)
esEspañol (591.49 KB - PDF)
etEesti (532.47 KB - PDF)
fiSuomi (535 KB - PDF)
frFrançais (582.43 KB - PDF)
hrHrvatski (645.08 KB - PDF)
huMagyar (688.58 KB - PDF)
itItaliano (557.94 KB - PDF)
ltLietuvių (609.88 KB - PDF)
lvLatviešu (613.88 KB - PDF)
mtMalti (680.23 KB - PDF)
nlNederlands (556.87 KB - PDF)
plPolski (700.41 KB - PDF)
ptPortuguês (558.8 KB - PDF)
roRomână (661.47 KB - PDF)
skSlovenčina (662.45 KB - PDF)
slSlovenščina (710.47 KB - PDF)
svSvenska (525.07 KB - PDF)
Guidelines on DGS payment commitments
(408.68 KB - PDF) Last update 3 August 2015
bgБългарски (194.42 KB - PDF)
csČeština (257.68 KB - PDF)
daDansk (244.44 KB - PDF)
deDeutsch (263.28 KB - PDF)
elΕλληνικά (269.39 KB - PDF)
esEspañol (252.74 KB - PDF)
etEesti (161.23 KB - PDF)
fiSuomi (237.11 KB - PDF)
frFrançais (195.36 KB - PDF)
hrHrvatski (246.46 KB - PDF)
huMagyar (178.67 KB - PDF)
itItaliano (133.07 KB - PDF)
ltLietuvių (182.18 KB - PDF)
lvLatviešu (288.44 KB - PDF)
mtMalti (166.81 KB - PDF)
nlNederlands (155.89 KB - PDF)
plPolski (319.36 KB - PDF)
ptPortuguês (157.26 KB - PDF)
roRomână (170.4 KB - PDF)
skSlovenčina (186.74 KB - PDF)
slSlovenščina (289.53 KB - PDF)
svSvenska (269.81 KB - PDF)
As an expert in financial regulations and banking, I bring a wealth of knowledge in the field, having closely followed and analyzed developments in the European banking sector. My expertise is demonstrated by a comprehensive understanding of the European Banking Authority's (EBA) guidelines on contributions to deposit guarantee schemes (DGS) and payment commitments.
The EBA's final guidelines, published in accordance with the Deposit Guarantee Schemes Directive (DGSD), aim to enhance the resilience of DGSs and improve depositors' access to compensation. One key aspect is the pre-financing requirement by credit institutions, ensuring that DGSs are adequately funded to provide timely compensation to depositors.
The guidelines on risk-based contributions are a crucial component, introducing methods for calculating ex-ante contributions that are tailored to the risk profile of each credit institution. This approach promotes risk discipline and addresses moral hazard. The calculation methods encompass core indicators, covering dimensions such as capital, liquidity, asset quality, business model, and asset encumbrance. The guidelines strike a balance by allowing flexibility for DGSs to consider specificities of credit institutions while ensuring harmonization and comparability across the Single Market.
The guidelines on payment commitments provide further clarity on the option for DGSs to authorize credit institutions to contribute, up to 30% of required contributions, in the form of secured commitments to pay upon request. The two types of arrangements—Payment Commitment Arrangement and Financial Collateral Arrangement—offer a structured framework to ensure proper guarantee and quick mobilization of low-risk assets in case of failure.
It's noteworthy that the eligibility and management of collateral are well-defined in the guidelines. Collateral must be of sufficiently low risk, with regular marking to market and precautionary haircuts to account for potential losses. Importantly, the guidelines introduce principles to prevent procyclicality in the prudential treatment of payment commitments, emphasizing the need for balance sheets and profit and loss accounts to accurately reflect such commitments.
To provide legal context, these guidelines are developed in accordance with Articles 10(3) and 13(3) of the Deposit Guarantee Schemes Directive (2014/49/EU). Member States are required to transpose the directive by a specified date, and DGSs and designated authorities must implement these guidelines by incorporating them into their practices by a certain deadline.
In conclusion, the EBA's guidelines play a crucial role in shaping the regulatory landscape for deposit guarantee schemes, contributing to the stability and resilience of the European banking sector. Stakeholders, including credit institutions, DGSs, and supervisory authorities, must adhere to these guidelines to ensure a consistent and effective application of the new funding mechanisms established by the DGSD.