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CRR3/CRD6 Regulation

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Major Changes Due to Regulation CRR3/CRD6

 

The legislative proposal from the European Commission, known as the CRR3/CRD6 banking package, marks a crucial step in adapting the European financial sector to post-crisis challenges. Inspired by Basel III agreements, these reforms represent a major regulatory pivot, aiming to strengthen the resilience of European banks against economic and financial shocks.

 

One of the major changes introduced by this regulation is the limitation of prudential gains resulting from the use of internal models compared to standard measures. This capital floor, or output floor, aims to ensure that the level of capital calculated in internal models is not lower than 72.5% of the requirements calculated under the standard approach. This provision, in line with Basel standards, aims to reduce excessive variability in risk-weighted assets (RWA) and to strengthen the risk sensitivity of standard approaches. In other words, it seeks to ensure a more accurate assessment of the risk profile of financial institutions, thereby promoting transparency and comparability of capital ratios.

 

Moreover, these reforms recognize the importance of guaranteed loans in the European financial landscape, consolidating their specific treatment under internal model approaches. This recognition reinforces the strength of the French model of mortgage credit, which relies heavily on guaranteed loans.

 

In summary, the major changes introduced by Regulation CRR3/CRD6 demonstrate the European Union’s commitment to enhancing the stability and resilience of the financial sector, while recognizing the specificities and needs of European actors. These reforms represent a proactive response to the challenges posed by the global financial crisis of 2007-2009 and illustrate the ongoing evolution of the European regulatory framework towards more rigorous supervision and more effective risk management.

 

Upcoming Changes on this Regulation

 

The legislative proposal CRR3/CRD6 not only marks a significant step in the current regulation but also announces upcoming changes that will shape the future of the European financial sector. Building upon Basel III agreements, these reforms anticipate future challenges and aim to ensure the strength and stability of the European financial system.

 

One of the main upcoming developments concerns the expansion of supervisory powers of competent authorities. These new supervisory powers will cover operations such as acquisitions of significant stakes in financial or non-financial entities, as well as merger or split operations. This extension of supervisory powers aims to strengthen transparency and governance within the European financial sector.

 

Furthermore, the CRR3/CRD6 proposal envisages substantial changes to the Fit and Proper framework, aiming to harmonize governance practices within large financial institutions. This initiative enhances the assessment of members of the management body and individuals in key positions, thus ensuring stronger and more transparent governance.

 

Lastly, these reforms further integrate environmental, social, and governance (ESG) risks into the supervisory framework, particularly environmental risk. The Commission proposes to verify that financial institutions have business models and strategies aligned with the European Union’s climate objectives, thereby promoting a transition to a more sustainable economy.

 

In conclusion, the upcoming changes on this regulation illustrate the European Union’s commitment to anticipating future challenges and strengthening the resilience of the financial sector. These reforms aim to ensure more effective supervision, stronger governance, and increased integration of environmental, social, and governance considerations into the regulatory framework, laying the groundwork for a more robust and sustainable financial sector in the future.

 

Divergent Interpretations on this Regulation

 

Regulation CRR3/CRD6 elicits divergent interpretations within the European financial industry. While the European Commission has clearly defined the objectives and implications of this regulation, different stakeholders may have contrasting perspectives on its effects and implications.

 

Impact on Capital Needs: One of the main divergences in interpretation concerns the actual impact of the regulation on banks’ capital needs. While the European Commission estimates an average increase in capital needs of 6.4% to 8.4% for EU banks, some industry voices suggest that the impact could be more significant, reaching up to 18.6% according to alternative estimates.

 

Complexity of Calculation Methods: Another divergence concerns the increased complexity of capital requirements calculation methods. While the European Commission claims that the new standard and internal methods are more risk-sensitive and consistent with each other, some banks and experts argue that this increased complexity could make capital management more challenging and require significant investments in infrastructure and technology.

 

Business Adaptation: Different banking businesses’ reactions to the regulation also vary. Some businesses, such as leasing, real estate financing, and investment banking, may be more affected by the new capital requirements than others. Banks will therefore need to adapt their business strategies and products to optimize profitability under the new regulatory framework.

 

Harmonization vs. Flexibility: Finally, there are differences of opinion regarding the level of harmonization and flexibility offered by the regulation. While the European Commission aims to harmonize capital requirement calculation rules across the EU, some member states and industry players advocate for greater flexibility to account for national specificities and differences between banks.

 

In conclusion, Regulation CRR3/CRD6 sparks debates and divergent interpretations within the European banking industry. While some see it as an opportunity to strengthen financial stability and bank resilience, others fear that its implications may be more complex and costly than anticipated. How these divergences will be managed and resolved will have a significant impact on how banks adapt to this new regulatory framework and maintain their competitiveness in the European market.