欧州中央銀行は、検査される銀行の頭取の適正を判断したり、突然立入検査や、銀行への制裁できる権限強化を要求。
Draghi pide más poder para sancionar
El BCE quiere que la UE refuerce sus competencias para multar en su nueva etapa como supervisor del sector
El organismo decidirá la idoneidad de los directivos
DESCARGABLE Reglamento del Mecanismo Único de Supervisión
DESCARGABLE Cambios en el reglamento de sanciones del BCE
DESCARGABLE Comentarios del Banco Santander
El Santander reclama que unifique las reglas de juego en la eurozona
Amanda Mars Madrid 28 ABR 2014 - 01:02 CET
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Draghi calls for more power to punish
The ECB wants the EU to strengthen its powers to fine in his new career as supervisor of the sector
The agency will decide the appropriateness of management
Single DOWNLOADABLE Regulation Oversight Mechanism
DOWNLOADABLE Changes in the rules of the ECB sanctions
DOWNLOADABLE Comments Banco Santander
Santander claims that unifies the rules in the eurozone
Amanda Mars Madrid 28 ABR 2014 - 01:02 CET
Riddled with shades and recessed compared to the initial aspirations , European banking union begins to take shape and confirm the power of the European Central Bank ( ECB) on financial institutions and against national authorities. The regulation of the Single Monitoring Mechanism ( MUS) , the Frankfurt -based body just approved and made public to enter into force in November, reflects this new role. The legislation provides that the ECB will assess the " adequacy " of the directors of supervised entities , which will undergo periodic review. In addition, European black men organ may carry out inspections "surprise" in situ, but obviously the banks are affected by this examination notice, among other measures. But the president , Mario Draghi , has also called on Brussels more power to punish.
Draghi calls on the European Council to amend the regulations concerning the powers of the ECB to impose sanctions. The recommendations for this change , published on Friday , pursue provide better coverage to legal sanctions , but also greatly raise the limits to impose daily fines coercive banks " to force them to comply with regulations or decisions of the ECB in supervision or to end continuing violations. " So far the limit was $ 10,000 per day and the ECB wants to rise to 5% of daily turnover
He also warns that the limits of the fines imposed by the ECB for failing a decision or supervisor regulation itself must be the same as those of the fines to be imposed for violating EC law. And ask therefore to equalize upward , from 500,000 euros to 10 % of annual turnover or twice the gain resulting from the offense.
The 'men in black ' may make surprise inspections at the headquarters
The ECB also wants more time to decide punishment. " Since the investigations of alleged infringement on supervisory matters are more complex , the power to impose and enforce administrative sanctions in this matter must undergo longer periods than those set regarding ( ... ) different functions of supervision ," says .
Moreover, with the entry into force of MUS, the ECB also may veto the buying . The national authority shall assess such " qualifying holding in a credit institution " meet the conditions of the legislation of the country and submit to the ECB " the draft decision to oppose or not oppose the acquisition at least 15 working days before the expiry of the assessment period. "
As those responsible for the banks, the law leaves the ECB approval. " To assess the adequacy of management of significant supervised institutions , the ECB shall have supervisory powers conferred on the competent authorities in accordance with national law and applicable Union ," the reglamento.Además , there will be a " continuous revision " .
The ECB will the good seen making significant investments in
Although the entities considered "significant" asset - volume , importance to the economy of the country or its members - border operations will be under closer supervision of the ECB , countries also have the obligation to inform the bank president Mario Draghi " when situation of a supervised institution is less significant deteriorate quickly and significantly , especially if the impairment could result in a request for direct or indirect "financial assistance of the European Stability Mechanism ( ESM) .
The ECB also organize an independent research unit members appointed by this you may not participate or have participated in the two years prior to this activity in the supervision of the institution that has begun to investigate. This team may call a responsible bank in studio to an oral hearing private.
Inspection teams will also be in situ ECB , as there is currently by national authorities. Usually the Frankfurt-based body of these reviews to inform the authorities at least one week before the visit to the financial institution occurs. However, " when so required the proper implementation and effectiveness of the inspection," these visits will occur by surprise, " without notice to the supervised entity." And in these cases, the ECB health cures to prevent information leaks and makes clear that the national authority " shall be informed as soon as possible before the start of the inspection."
Santander claims the supervisor to unify the rules in the eurozone
A. M.
The European Central Bank ( ECB) received a battery of inquiries and proposals from central banks, governments , banking organizations , institutions and even individuals after publication of the draft regulations of the new Single Oversight Mechanism ( MUS) on 7 February . Among the 36 comments received employer of major countries (Germany, France, Italy , Portugal ... ) are present, but struck by the absence of the Spanish Banking Association ( AEB) , which has not produced any document in according to the list published by the ECB .
The only comment from Spain corresponds to Banco Santander, the ECB expresses its " concern" over the fact that the new single supervisor must ensure compliance with 18 different national regimes. "We recommended that the MUS develop a medium-term strategy to promote regulatory convergence using the tools at your disposal: cooperate with the European Banking Authority to design guidelines, Pillar two decisions [ supervisory review process of Basel II] improve the dissemination of national standards ... ".
For Santander , the MUS will be a good vehicle to achieve " a level playing field " between banks in the euro zone, " but the existence of national criteria could block that process." The bank president Emilio Botin also warns that you have the same concerns regarding accounting standards , which are still divergent , and on the unique mechanism of supervision shall not have jurisdiction .
Santander also shown interest in the ECB ensure maintain supervisory agreements with other non-European countries .
The first Spanish bank also questions about the report history and risk profile of the entities that the central banks of each country must submit to MUS on 4 August. "We must ensure consistency between this report and a full assessment ," he says . In addition , Santander says that " it is unclear whether the institutions have access to the contents of this report," which he considers " convenient, especially if it contains any information that has not been met in the early stages of testing (such as analysis of asset quality ) . "
There is another element of a more practical nature that the bank also concerned regarding the use of English as the language for meaningful institutions. The bank asks what kind of documents clarification will be affected by this agreement and shall be translated into English and warns that doing papers with "third parties" could be costly and also facilitate these translations unofficial could lead legal problems.
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