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2018/0171(COD) Sovereign bond-backed securities

Progress: Awaiting Council 1st reading position / budgetary conciliation convocation

RoleCommitteeRapporteurShadows
Lead ECON FERNÁNDEZ Jonás (icon: S&D S&D) MARTUSCIELLO Fulvio (icon: PPE PPE), LUCKE Bernd (icon: ECR ECR), CALVET CHAMBON Enrique (icon: ALDE ALDE), SCHIRDEWAN Martin (icon: GUE/NGL GUE/NGL), URTASUN Ernest (icon: Verts/ALE Verts/ALE), MONOT Bernard (icon: EFDD EFDD), ZANNI Marco (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
TFEU 114

Events

2019/08/08
   Commission response to text adopted in plenary
Documents
2019/04/16
   EP - Results of vote in Parliament
2019/04/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 448 votes to 199, with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on sovereign bond-backed securities.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Creating a SBBS framework

The proposal aims to provide a framework for the market-led development of sovereign bond backed securities (SBBS). SBBSs might be able to help banks and other financial institutions better diversify their sovereign exposures, further weaken the bank-sovereign nexus and enhance the supply of low-risk euro denominated assets facilitating the implementation of monetary policy.

SBBSs do not involve any mutualisation of risks and losses among Member States because Member States will not mutually guarantee their respective liabilities within the portfolio of sovereign bonds underlying the SBBSs.

Surveillance by ESMA

The amended Regulation assigns to the European Supervisory Authority (European Securities and Markets Authority - ESMA) the duty of monitoring the markets for SBBSs and the underlying government bonds for signs of disruption.

ESMA should be informed about the issuance of SBBSs and should receive from SPEs all the relevant information needed to perform its supervisory tasks

On the basis of ESMA’s observations and supported by their reports, the Commission shall be empowered to provide a clear definition of “market liquidity” and a method for its calculation, and to determine the criteria by which ESMA shall assess whether a Member State no longer enjoys market access for the purposes of this Regulation.

Given that SBBSs are new products, whose effects on the markets for the underlying sovereign debt securities is unknown it is appropriate that the European Systemic Risk Board (ESRB) and the national competent and designated authorities for macroprudential instruments oversee the SBBSs market.

To that end, the ESRB shall avail itself of the powers conferred on it under Regulation (EU) No 1092/2010 of the European Parliament and of the Council and, if appropriate, should issue warnings and make suggestions for remedial actions to the competent authorities.

Structure of tranches, payments and losses

Under the Regulation, SBBSs issue shall be composed of one senior tranche and one or more subordinated tranches. The outstanding nominal value of the senior tranche shall be seventy percent of the outstanding nominal value of the entire SBBSs issue. The number and the outstanding nominal values of the subordinated tranches shall be determined by the SPE, subject to the limitation that the nominal value of the junior tranche shall be at least five percent of the outstanding nominal value of the entire SBBSs issue.

Issuance of SBBS and obligations of special purpose entities

SBBS shall be developed by private entities established by the European Union and created for the sole purpose of issuing and managing these instruments.

Member States shall ensure that holdings of sovereign bonds by SPEs enjoy the same treatment as any other holdings of the same sovereign bond or of other sovereign bonds issued with the same terms.

SBBS notification requirements

An SPE shall submit an application for certification of an SBBS issue by notifying ESMA at least one week before issuance of an SBBSs issue by means of the template that an SBBSs issue meets the requirements of the Regulation.

ESMA shall certify an SBBS issue only where it is fully satisfied that the applicant SPE and the SBBS issue comply with all the requirements laid down in this Regulation. ESMA shall inform the applicant SPE without undue delay whether certification has been granted or refused.

ESMA shall withdraw the certification for an SBBS issue if for example the SPE has obtained the certification by making false statements or by any other irregular means or no longer meets the conditions under which it was certified.

The withdrawal of the certification shall have immediate effect throughout the Union.

ESMA shall maintain on its official website a list of all SBBSs issues that have been certified by ESMA.

Supervisory fees

ESMA shall charge the SPE fees. Those fees shall be in proportion to the turnover of the SPE concerned and shall fully cover ESMA’s necessary expenditure relating to the licensing of SBBSs and supervision of SPEs.

Documents
2019/04/15
   EP - Debate in Parliament
2019/03/22
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Economic and Monetary Affairs adopted the report by Jonás FERNÁNDEZ (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on sovereign bond-backed securities.

The proposal aims to provide a framework for the market-led development of sovereign bond backed securities (SBBS). SBBSs might be able to help banks and other financial institutions better diversify their sovereign exposures, further weaken the bank-sovereign nexus and enhance the supply of low-risk euro denominated assets facilitating the implementation of monetary policy.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows:

Surveillance by ESMA

The amended Regulation assigns to the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (ESMA) the duty of monitoring the markets for SBBSs and the underlying government bonds for signs of disruption.

On the basis of ESMA’s observations and supported by their reports, the Commission shall be empowered to provide a clear definition of “market liquidity” and a method for its calculation, and to determine the criteria by which ESMA shall assess whether a Member State no longer enjoys market access for the purposes of this Regulation.

Given that SBBSs are new products, whose effects on the markets for the underlying sovereign debt securities is unknown it is appropriate that the European Systemic Risk Board (ESRB) and the national competent and designated authorities for macroprudential instruments oversee the SBBSs market.

To that end, the ESRB shall avail itself of the powers conferred on it under Regulation (EU) No 1092/2010 of the European Parliament and of the Council and, if appropriate, should issue warnings and make suggestions for remedial actions to the competent authorities.

Structure of tranches, payments and losses

Under the Regulation, SBBSs issue shall be composed of one senior tranche and one or more subordinated tranches. The outstanding nominal value of the senior tranche shall be seventy percent of the outstanding nominal value of the entire SBBSs issue. The number and the outstanding nominal values of the subordinated tranches shall be determined by the SPE, subject to the limitation that the nominal value of the junior tranche shall be at least five percent of the outstanding nominal value of the entire SBBSs issue.

Issuance of SBBS and obligations of special purpose entities

SBBS shall be developed by private entities created for the sole purpose of issuing and managing these instruments.

Member States shall ensure that holdings of sovereign bonds by SPEs enjoy the same treatment as any other holdings of the same sovereign bond or of other sovereign bonds issued with the same terms.

SBBS notification requirements

An SPE shall submit an application for certification of an SBBS issue by notifying ESMA at least one week before issuance of an SBBSs issue by means of the template that an SBBSs issue meets the requirements of the Regulation.

ESMA shall certify an SBBS issue only where it is fully satisfied that the applicant SPE and the SBBS issue comply with all the requirements laid down in this Regulation. ESMA shall inform the applicant SPE without undue delay whether certification has been granted or refused.

ESMA shall withdraw the certification for an SBBS issue if for example the SPE has obtained the certification by making false statements or by any other irregular means or no longer meets the conditions under which it was certified.

The withdrawal of the certification shall have immediate effect throughout the Union.

Supervisory fees

ESMA shall charge the SPE fees. Those fees shall be in proportion to the turnover of the SPE concerned and shall fully cover ESMA’s necessary expenditure relating to the licensing of SBBSs and supervision of SPEs.

Documents
2019/03/21
   EP - Vote in committee, 1st reading/single reading
2018/11/20
   EP - Amendments tabled in committee
Documents
2018/10/22
   RO_SENATE - Contribution
Documents
2018/10/19
   EP - Committee draft report
Documents
2018/10/17
   ESC - Economic and Social Committee: opinion, report
Documents
2018/07/05
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/05/31
   EP - FERNÁNDEZ Jonás (S&D) appointed as rapporteur in ECON
2018/05/24
   EC - Document attached to the procedure
2018/05/24
   EC - Document attached to the procedure
2018/05/24
   EC - Legislative proposal published
Details

PURPOSE: to create a framework for sovereign bond-backed securities (SBBSs), to support further integration and diversification within Europe's financial sector.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: sovereign bond-backed securities (‘SBBSs’) can address some vulnerabilities that have been exposed by or have resulted from the 2007-2008 financial crisis.

Reducing risks to financial stability by facilitating the diversification of banks' sovereign portfolios and further weakening the bank-sovereign nexus is of high importance for the completion of the Banking Union.

This legislative proposal is part of the Commission's efforts to enhance Banking Union and Capital Markets Union. It aims to enable the emergence of an efficient market for SBBSs over time. In turn, SBBSs could support further portfolio diversification in the financial sector, while creating a new source of high-quality collateral particularly suited for use in cross-border financial transactions.

In mid-2016, the European Systemic Risk Board (ESRB) established a high-level task force (henceforth, the ESRB task force) to assess SBBSs' merits and feasibility. The ESRB task force concluded that a market for SBBSs can develop under certain conditions. Yet, whether or not SBBSs are viable can ultimately only be ascertained by putting them to a market test. This proposal paves the way for such a market test.

A key finding of the ESRB task force, corroborated also by interactions with market participants and other stakeholders, is that the current regulatory framework constitutes a significant hindrance to the development of SBBSs . Under the existing regulatory framework, SBBSs would be defined as securitisation products, and hence would be treated significantly less favourably than their underlying portfolio of euro area sovereign bonds. However, due to the nature of their underlying assets and their standardised and simple nature, SBBSs carry risks that are comparable to the underlying sovereign bonds rather than regular securitisations.

The Commission will also adopt the necessary changes to the prospectus schedules and building blocks to ensure that appropriate disclosure for this new type of financial instrument, tailored to the characteristics of the product, are set out.

IMPACT ASSESSMENT: because the proposed framework only enables the private-sector led development of an SBBSs market, but does not guarantee it, the impact assessment considered two distinct scenarios to evaluate impacts, one in which SBBSs reach only a limited volume (EUR 100 billion) and a steady-state one in which they reach EUR 1.5 trillion.

As regards the impact of SBBSs on the diversification of banks' sovereign portfolios, the assessment showed that the impact would be small in the limited volume scenario, but significant under the steady state scenario.

CONTENT: this proposal aims to provide an enabling framework for a market-led development of Sovereign Bond-Backed Securities.

SBBS operation : SBBSs would be created by the private sector specifically set up for the sole purpose of issuing to investors a series of securities representing claims on the proceeds from this underlying portfolio. The various securities issued would bear any losses from the underlying portfolio in a certain sequence (i.e., losses would accrue first to holders of sub-senior, or subordinated, securities and only after such securities have been completely wiped out would they also accrue to the holders of senior claims). SBBSs would not rely on any risk sharing or fiscal mutualisation between Member States. Only private investors would share risks and possible losses . SBBSs are therefore very different from Eurobonds. Composition and structure of a SBBS issue : the proposal provides a set of rules that define the constitutive elements of SBBSs. These rules are necessary to ensure that as standardised a product as possible is produced by the markets. This in turn favours its liquidity and appeal to investors. Under the proposal, the underlying portfolio of SBBSs should be composed of sovereign bonds of all EU Member States whose currency is the euro . A SBBSs issue should be composed of a senior tranche, corresponding to 70 percent of the nominal value of SBBSs issue, and one or more subordinated tranches. The purpose of the subordinated tranches is to provide protection to the senior tranche, which therefore is a low risk instrument. Notification and transparency : the proposal provides rules that define notification and transparency requirements for the issuing entity to ensure that self-attestation is performed in a harmonised and credible way. To ensure that investors are protected from the risk of insolvency of the institution that acquires the sovereign bonds (original purchaser, typically a bank), the issuance of SBBSs should be undertaken by a Special Purpose Entity (SPE) that is exclusively devoted to the issuance and management of SBBSs. The SPEs are responsible for compliance with the product and notification requirements. The European Securities and Markets Authority (ESMA) is entrusted with the publication of notifications on its website. This will ensure that the SPEs take responsibility for claiming that a product qualifies as an SBBS and that there is transparency in the market. SPEs shall be liable for any loss or damage resulting from incorrect or misleading notifications under the conditions stipulated by national law. Monitoring : the proposal contains rules regarding the supervision of SBBSs and possible sanctions in case of non-compliance and/or fraudulent behaviour of the issuing entity. It requires Member States to designate competent authorities in accordance with existing EU financial services legislation. The sanctions inflicted to a special purpose entity should be published. In addition, an SBBS which is found not fulfilling the requirements of the proposed Regulation should be removed without undue delay from the list of SBBS established by ESMA.

Lastly, the proposal contains a set of amendments to the existing legal framework required to grant SBBSs regulatory treatment in line with their unique design and properties.

Documents

  • Commission response to text adopted in plenary: SP(2019)440
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading/single reading: T8-0373/2019
  • Debate in Parliament: Debate in Parliament
  • Committee report tabled for plenary, 1st reading/single reading: A8-0180/2019
  • Amendments tabled in committee: PE630.618
  • Contribution: COM(2018)0339
  • Committee draft report: PE629.500
  • Economic and Social Committee: opinion, report: CES2774/2018
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0252
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0253
  • Legislative proposal published: COM(2018)0339
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2018)0252
  • Document attached to the procedure: EUR-Lex SWD(2018)0253
  • Economic and Social Committee: opinion, report: CES2774/2018
  • Committee draft report: PE629.500
  • Amendments tabled in committee: PE630.618
  • Commission response to text adopted in plenary: SP(2019)440
  • Contribution: COM(2018)0339

Votes

A8-0180/2019 - Jonás Fernández - Proposition de la Commission 16/04/2019 12:32:18.000

2019/04/16 Outcome: +: 448, -: 199, 0: 8
DE ES RO HU FR PT BE SE AT BG FI HR SI SK LT CZ LU EE LV IT PL DK IE CY MT GB EL NL
Total
92
52
30
17
69
18
21
17
17
13
11
10
8
12
9
20
6
6
8
55
46
11
8
1
6
57
11
24
icon: PPE PPE
192

Lithuania PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Denmark PPE

For (1)

1

United Kingdom PPE

2

Greece PPE

1
icon: S&D S&D
162

Bulgaria S&D

Abstain (1)

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Latvia S&D

1

Malta S&D

3

Netherlands S&D

For (2)

2
icon: ALDE ALDE
62

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Lithuania ALDE

2

Czechia ALDE

4

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

Latvia ALDE

1

Denmark ALDE

2

Ireland ALDE

For (1)

1

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
49

Hungary Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Italy Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2
icon: NI NI
16

Germany NI

2

Hungary NI

Abstain (1)

3

Italy NI

For (1)

1

Poland NI

Against (1)

2
icon: EFDD EFDD
31

Germany EFDD

Against (1)

1

Lithuania EFDD

For (1)

1

Czechia EFDD

Against (1)

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Belgium ENF

Against (1)

1

Austria ENF

3

Poland ENF

2

United Kingdom ENF

Against (1)

1

Netherlands ENF

4
icon: GUE/NGL GUE/NGL
44

Portugal GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Italy GUE/NGL

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3
icon: ECR ECR
67

Romania ECR

For (1)

Against (1)

2

Sweden ECR

2

Bulgaria ECR

Against (1)

1

Finland ECR

1

Croatia ECR

Against (1)

1

Slovakia ECR

2

Lithuania ECR

Against (1)

1

Czechia ECR

2

Latvia ECR

Against (1)

1

Greece ECR

Against (1)

1

Netherlands ECR

2

A8-0180/2019 - Jonás Fernández - Proposition de la Commission

2019/04/16 Outcome: +: 448, -: 199, 0: 8
DE ES RO HU FR PT BE AT BG SE FI HR SI SK LT CZ LU EE LV PL IT DK IE ?? CY MT GB EL NL
Total
92
50
30
17
69
18
21
17
13
16
11
10
8
12
9
20
6
6
8
46
54
11
8
2
1
6
56
11
24
icon: PPE PPE
192

Lithuania PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Denmark PPE

For (1)

1

United Kingdom PPE

2

Greece PPE

1
icon: S&D S&D
162

Bulgaria S&D

Abstain (1)

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Latvia S&D

1

Malta S&D

3

Netherlands S&D

For (2)

2
icon: ALDE ALDE
61

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Lithuania ALDE

2

Czechia ALDE

4

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

Latvia ALDE

1

Denmark ALDE

2

Ireland ALDE

For (1)

1

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
47

Hungary Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Austria Verts/ALE

3

Sweden Verts/ALE

2

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Italy Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2
icon: NI NI
16

Germany NI

2

Hungary NI

Abstain (1)

3

Poland NI

Against (1)

2

NI

For (1)

1
icon: EFDD EFDD
31

Germany EFDD

Against (1)

1

Lithuania EFDD

For (1)

1

Czechia EFDD

Against (1)

1

EFDD

Against (1)

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Belgium ENF

Against (1)

1

Austria ENF

3

Poland ENF

2

United Kingdom ENF

Against (1)

1

Netherlands ENF

4
icon: GUE/NGL GUE/NGL
44

Portugal GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Italy GUE/NGL

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3
icon: ECR ECR
67

Romania ECR

For (1)

Against (1)

2

Bulgaria ECR

Against (1)

1

Sweden ECR

2

Finland ECR

1

Croatia ECR

Against (1)

1

Slovakia ECR

2

Lithuania ECR

Against (1)

1

Czechia ECR

2

Latvia ECR

Against (1)

1

Greece ECR

Against (1)

1

Netherlands ECR

2
AmendmentsDossier
140 2018/0171(COD)
2018/11/20 ECON 140 amendments...
source: 630.618

History

(these mark the time of scraping, not the official date of the change)

docs/5
date
2019-08-08T00:00:00
docs
url: /oeil/spdoc.do?i=32485&j=0&l=en title: SP(2019)440
type
Commission response to text adopted in plenary
events/5
date
2019-04-16T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=32485&l=en title: Results of vote in Parliament
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Economic and Monetary Affairs
committee
ECON
rapporteur
name: FERNÁNDEZ Jonás date: 2018-05-31T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Economic and Monetary Affairs
committee
ECON
date
2018-05-31T00:00:00
rapporteur
name: FERNÁNDEZ Jonás group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
activities
  • date: 2018-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0339/COM_COM(2018)0339_EN.pdf title: COM(2018)0339 type: Legislative proposal published celexid: CELEX:52018PC0339:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/financial-stability-financial-services-and-capital-markets-union_en title: Financial Stability, Financial Services and Capital Markets Union Commissioner: DOMBROVSKIS Valdis type: Legislative proposal published
  • date: 2018-07-05T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: MARTUSCIELLO Fulvio group: ECR name: LUCKE Bernd group: ALDE name: CALVET CHAMBON Enrique group: GUE/NGL name: SCHIRDEWAN Martin group: Verts/ALE name: URTASUN Ernest group: ENF name: ZANNI Marco responsible: True committee: ECON date: 2018-05-31T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: S&D name: VON WEIZSÄCKER Jakob
commission
  • body: EC dg: Financial Stability, Financial Services and Capital Markets Union commissioner: DOMBROVSKIS Valdis
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Economic and Monetary Affairs
committee
ECON
date
2018-05-31T00:00:00
rapporteur
name: FERNÁNDEZ Jonás group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
body
EP
shadows
responsible
True
committee
ECON
date
2018-05-31T00:00:00
committee_full
Economic and Monetary Affairs
rapporteur
group: S&D name: VON WEIZSÄCKER Jakob
docs
  • date: 2018-05-24T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0252:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0252 type: Document attached to the procedure body: EC
  • date: 2018-05-24T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0253:FIN:EN:PDF title: EUR-Lex title: SWD(2018)0253 type: Document attached to the procedure body: EC
  • date: 2018-10-17T00:00:00 docs: title: CES2774/2018 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2018-10-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.500 title: PE629.500 type: Committee draft report body: EP
  • date: 2018-11-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE630.618 title: PE630.618 type: Amendments tabled in committee body: EP
  • date: 2018-10-22T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0339 title: COM(2018)0339 type: Contribution body: RO_SENATE
events
  • date: 2018-05-24T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0339/COM_COM(2018)0339_EN.pdf title: COM(2018)0339 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0339 title: EUR-Lex summary: PURPOSE: to create a framework for sovereign bond-backed securities (SBBSs), to support further integration and diversification within Europe's financial sector. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: sovereign bond-backed securities (‘SBBSs’) can address some vulnerabilities that have been exposed by or have resulted from the 2007-2008 financial crisis. Reducing risks to financial stability by facilitating the diversification of banks' sovereign portfolios and further weakening the bank-sovereign nexus is of high importance for the completion of the Banking Union. This legislative proposal is part of the Commission's efforts to enhance Banking Union and Capital Markets Union. It aims to enable the emergence of an efficient market for SBBSs over time. In turn, SBBSs could support further portfolio diversification in the financial sector, while creating a new source of high-quality collateral particularly suited for use in cross-border financial transactions. In mid-2016, the European Systemic Risk Board (ESRB) established a high-level task force (henceforth, the ESRB task force) to assess SBBSs' merits and feasibility. The ESRB task force concluded that a market for SBBSs can develop under certain conditions. Yet, whether or not SBBSs are viable can ultimately only be ascertained by putting them to a market test. This proposal paves the way for such a market test. A key finding of the ESRB task force, corroborated also by interactions with market participants and other stakeholders, is that the current regulatory framework constitutes a significant hindrance to the development of SBBSs . Under the existing regulatory framework, SBBSs would be defined as securitisation products, and hence would be treated significantly less favourably than their underlying portfolio of euro area sovereign bonds. However, due to the nature of their underlying assets and their standardised and simple nature, SBBSs carry risks that are comparable to the underlying sovereign bonds rather than regular securitisations. The Commission will also adopt the necessary changes to the prospectus schedules and building blocks to ensure that appropriate disclosure for this new type of financial instrument, tailored to the characteristics of the product, are set out. IMPACT ASSESSMENT: because the proposed framework only enables the private-sector led development of an SBBSs market, but does not guarantee it, the impact assessment considered two distinct scenarios to evaluate impacts, one in which SBBSs reach only a limited volume (EUR 100 billion) and a steady-state one in which they reach EUR 1.5 trillion. As regards the impact of SBBSs on the diversification of banks' sovereign portfolios, the assessment showed that the impact would be small in the limited volume scenario, but significant under the steady state scenario. CONTENT: this proposal aims to provide an enabling framework for a market-led development of Sovereign Bond-Backed Securities. SBBS operation : SBBSs would be created by the private sector specifically set up for the sole purpose of issuing to investors a series of securities representing claims on the proceeds from this underlying portfolio. The various securities issued would bear any losses from the underlying portfolio in a certain sequence (i.e., losses would accrue first to holders of sub-senior, or subordinated, securities and only after such securities have been completely wiped out would they also accrue to the holders of senior claims). SBBSs would not rely on any risk sharing or fiscal mutualisation between Member States. Only private investors would share risks and possible losses . SBBSs are therefore very different from Eurobonds. Composition and structure of a SBBS issue : the proposal provides a set of rules that define the constitutive elements of SBBSs. These rules are necessary to ensure that as standardised a product as possible is produced by the markets. This in turn favours its liquidity and appeal to investors. Under the proposal, the underlying portfolio of SBBSs should be composed of sovereign bonds of all EU Member States whose currency is the euro . A SBBSs issue should be composed of a senior tranche, corresponding to 70 percent of the nominal value of SBBSs issue, and one or more subordinated tranches. The purpose of the subordinated tranches is to provide protection to the senior tranche, which therefore is a low risk instrument. Notification and transparency : the proposal provides rules that define notification and transparency requirements for the issuing entity to ensure that self-attestation is performed in a harmonised and credible way. To ensure that investors are protected from the risk of insolvency of the institution that acquires the sovereign bonds (original purchaser, typically a bank), the issuance of SBBSs should be undertaken by a Special Purpose Entity (SPE) that is exclusively devoted to the issuance and management of SBBSs. The SPEs are responsible for compliance with the product and notification requirements. The European Securities and Markets Authority (ESMA) is entrusted with the publication of notifications on its website. This will ensure that the SPEs take responsibility for claiming that a product qualifies as an SBBS and that there is transparency in the market. SPEs shall be liable for any loss or damage resulting from incorrect or misleading notifications under the conditions stipulated by national law. Monitoring : the proposal contains rules regarding the supervision of SBBSs and possible sanctions in case of non-compliance and/or fraudulent behaviour of the issuing entity. It requires Member States to designate competent authorities in accordance with existing EU financial services legislation. The sanctions inflicted to a special purpose entity should be published. In addition, an SBBS which is found not fulfilling the requirements of the proposed Regulation should be removed without undue delay from the list of SBBS established by ESMA. Lastly, the proposal contains a set of amendments to the existing legal framework required to grant SBBSs regulatory treatment in line with their unique design and properties.
  • date: 2018-07-05T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2019-03-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2019-03-22T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2019-0180&language=EN title: A8-0180/2019 summary: The Committee on Economic and Monetary Affairs adopted the report by Jonás FERNÁNDEZ (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on sovereign bond-backed securities. The proposal aims to provide a framework for the market-led development of sovereign bond backed securities (SBBS). SBBSs might be able to help banks and other financial institutions better diversify their sovereign exposures, further weaken the bank-sovereign nexus and enhance the supply of low-risk euro denominated assets facilitating the implementation of monetary policy. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows: Surveillance by ESMA The amended Regulation assigns to the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (ESMA) the duty of monitoring the markets for SBBSs and the underlying government bonds for signs of disruption. On the basis of ESMA’s observations and supported by their reports, the Commission shall be empowered to provide a clear definition of “market liquidity” and a method for its calculation, and to determine the criteria by which ESMA shall assess whether a Member State no longer enjoys market access for the purposes of this Regulation. Given that SBBSs are new products, whose effects on the markets for the underlying sovereign debt securities is unknown it is appropriate that the European Systemic Risk Board (ESRB) and the national competent and designated authorities for macroprudential instruments oversee the SBBSs market. To that end, the ESRB shall avail itself of the powers conferred on it under Regulation (EU) No 1092/2010 of the European Parliament and of the Council and, if appropriate, should issue warnings and make suggestions for remedial actions to the competent authorities. Structure of tranches, payments and losses Under the Regulation, SBBSs issue shall be composed of one senior tranche and one or more subordinated tranches. The outstanding nominal value of the senior tranche shall be seventy percent of the outstanding nominal value of the entire SBBSs issue. The number and the outstanding nominal values of the subordinated tranches shall be determined by the SPE, subject to the limitation that the nominal value of the junior tranche shall be at least five percent of the outstanding nominal value of the entire SBBSs issue. Issuance of SBBS and obligations of special purpose entities SBBS shall be developed by private entities created for the sole purpose of issuing and managing these instruments. Member States shall ensure that holdings of sovereign bonds by SPEs enjoy the same treatment as any other holdings of the same sovereign bond or of other sovereign bonds issued with the same terms. SBBS notification requirements An SPE shall submit an application for certification of an SBBS issue by notifying ESMA at least one week before issuance of an SBBSs issue by means of the template that an SBBSs issue meets the requirements of the Regulation. ESMA shall certify an SBBS issue only where it is fully satisfied that the applicant SPE and the SBBS issue comply with all the requirements laid down in this Regulation. ESMA shall inform the applicant SPE without undue delay whether certification has been granted or refused. ESMA shall withdraw the certification for an SBBS issue if for example the SPE has obtained the certification by making false statements or by any other irregular means or no longer meets the conditions under which it was certified. The withdrawal of the certification shall have immediate effect throughout the Union. Supervisory fees ESMA shall charge the SPE fees. Those fees shall be in proportion to the turnover of the SPE concerned and shall fully cover ESMA’s necessary expenditure relating to the licensing of SBBSs and supervision of SPEs.
  • date: 2019-04-15T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190415&type=CRE title: Debate in Parliament
  • date: 2019-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0373 title: T8-0373/2019 summary: The European Parliament adopted by 448 votes to 199, with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on sovereign bond-backed securities. The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Creating a SBBS framework The proposal aims to provide a framework for the market-led development of sovereign bond backed securities (SBBS). SBBSs might be able to help banks and other financial institutions better diversify their sovereign exposures, further weaken the bank-sovereign nexus and enhance the supply of low-risk euro denominated assets facilitating the implementation of monetary policy. SBBSs do not involve any mutualisation of risks and losses among Member States because Member States will not mutually guarantee their respective liabilities within the portfolio of sovereign bonds underlying the SBBSs. Surveillance by ESMA The amended Regulation assigns to the European Supervisory Authority (European Securities and Markets Authority - ESMA) the duty of monitoring the markets for SBBSs and the underlying government bonds for signs of disruption. ESMA should be informed about the issuance of SBBSs and should receive from SPEs all the relevant information needed to perform its supervisory tasks On the basis of ESMA’s observations and supported by their reports, the Commission shall be empowered to provide a clear definition of “market liquidity” and a method for its calculation, and to determine the criteria by which ESMA shall assess whether a Member State no longer enjoys market access for the purposes of this Regulation. Given that SBBSs are new products, whose effects on the markets for the underlying sovereign debt securities is unknown it is appropriate that the European Systemic Risk Board (ESRB) and the national competent and designated authorities for macroprudential instruments oversee the SBBSs market. To that end, the ESRB shall avail itself of the powers conferred on it under Regulation (EU) No 1092/2010 of the European Parliament and of the Council and, if appropriate, should issue warnings and make suggestions for remedial actions to the competent authorities. Structure of tranches, payments and losses Under the Regulation, SBBSs issue shall be composed of one senior tranche and one or more subordinated tranches. The outstanding nominal value of the senior tranche shall be seventy percent of the outstanding nominal value of the entire SBBSs issue. The number and the outstanding nominal values of the subordinated tranches shall be determined by the SPE, subject to the limitation that the nominal value of the junior tranche shall be at least five percent of the outstanding nominal value of the entire SBBSs issue. Issuance of SBBS and obligations of special purpose entities SBBS shall be developed by private entities established by the European Union and created for the sole purpose of issuing and managing these instruments. Member States shall ensure that holdings of sovereign bonds by SPEs enjoy the same treatment as any other holdings of the same sovereign bond or of other sovereign bonds issued with the same terms. SBBS notification requirements An SPE shall submit an application for certification of an SBBS issue by notifying ESMA at least one week before issuance of an SBBSs issue by means of the template that an SBBSs issue meets the requirements of the Regulation. ESMA shall certify an SBBS issue only where it is fully satisfied that the applicant SPE and the SBBS issue comply with all the requirements laid down in this Regulation. ESMA shall inform the applicant SPE without undue delay whether certification has been granted or refused. ESMA shall withdraw the certification for an SBBS issue if for example the SPE has obtained the certification by making false statements or by any other irregular means or no longer meets the conditions under which it was certified. The withdrawal of the certification shall have immediate effect throughout the Union. ESMA shall maintain on its official website a list of all SBBSs issues that have been certified by ESMA. Supervisory fees ESMA shall charge the SPE fees. Those fees shall be in proportion to the turnover of the SPE concerned and shall fully cover ESMA’s necessary expenditure relating to the licensing of SBBSs and supervision of SPEs.
links/Research document
title
Briefing
url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)625153
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/financial-stability-financial-services-and-capital-markets-union_en title: Financial Stability, Financial Services and Capital Markets Union commissioner: DOMBROVSKIS Valdis
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  • name: European Economic and Social Committee
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European Economic and Social Committee
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ECON/8/13261
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  • ECON/8/13261
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amending Directive 2009/138/EC 2007/0143(COD) Amending Directive 2009/65/EC 2008/0153(COD) Amending Regulation (EU) No 575/2013 2011/0202(COD) Amending Directive (EU) 2016/2341 2014/0091(COD)
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/stage_reached
Old
Awaiting committee decision
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Awaiting Council 1st reading position / budgetary conciliation convocation
procedure/subject
Old
  • 2.50.03 Securities and financial markets, stock exchange, CIUTS, investments
New
2.50.03
Securities and financial markets, stock exchange, CIUTS, investments
procedure/summary
  • Amending Directive (EU) 2016/2341
  • Amending Directive 2009/138/EC
  • Amending Directive 2009/65/EC
  • Amending Regulation (EU) No 575/2013
activities/0/commission/0
DG
Commissioner
DOMBROVSKIS Valdis
activities/0/docs/0/text
  • PURPOSE: to create a framework for sovereign bond-backed securities (SBBSs), to support further integration and diversification within Europe's financial sector.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: sovereign bond-backed securities (‘SBBSs’) can address some vulnerabilities that have been exposed by or have resulted from the 2007-2008 financial crisis.

    Reducing risks to financial stability by facilitating the diversification of banks' sovereign portfolios and further weakening the bank-sovereign nexus is of high importance for the completion of the Banking Union. 

    This legislative proposal is part of the Commission's efforts to enhance Banking Union and Capital Markets Union. It aims to enable the emergence of an efficient market for SBBSs over time. In turn, SBBSs could support further portfolio diversification in the financial sector, while creating a new source of high-quality collateral particularly suited for use in cross-border financial transactions.

    In mid-2016, the European Systemic Risk Board (ESRB) established a high-level task force (henceforth, the ESRB task force) to assess SBBSs' merits and feasibility. The ESRB task force concluded that a market for SBBSs can develop under certain conditions. Yet, whether or not SBBSs are viable can ultimately only be ascertained by putting them to a market test. This proposal paves the way for such a market test. 

    A key finding of the ESRB task force, corroborated also by interactions with market participants and other stakeholders, is that the current regulatory framework constitutes a significant hindrance to the development of SBBSs. Under the existing regulatory framework, SBBSs would be defined as securitisation products, and hence would be treated significantly less favourably than their underlying portfolio of euro area sovereign bonds. However, due to the nature of their underlying assets and their standardised and simple nature, SBBSs carry risks that are comparable to the underlying sovereign bonds rather than regular securitisations.

    The Commission will also adopt the necessary changes to the prospectus schedules and building blocks to ensure that appropriate disclosure for this new type of financial instrument, tailored to the characteristics of the product, are set out.

    IMPACT ASSESSMENT: because the proposed framework only enables the private-sector led development of an SBBSs market, but does not guarantee it, the impact assessment considered two distinct scenarios to evaluate impacts, one in which SBBSs reach only a limited volume (EUR 100 billion) and a steady-state one in which they reach EUR 1.5 trillion.

    As regards the impact of SBBSs on the diversification of banks' sovereign portfolios, the assessment showed that the impact would be small in the limited volume scenario, but significant under the steady state scenario.

    CONTENT: this proposal aims to provide an enabling framework for a market-led development of Sovereign Bond-Backed Securities.

    • SBBS operation: SBBSs would be created by the private sector specifically set up for the sole purpose of issuing to investors a series of securities representing claims on the proceeds from this underlying portfolio. The various securities issued would bear any losses from the underlying portfolio in a certain sequence (i.e., losses would accrue first to holders of sub-senior, or subordinated, securities and only after such securities have been completely wiped out would they also accrue to the holders of senior claims).
    • SBBSs would not rely on any risk sharing or fiscal mutualisation between Member States. Only private investors would share risks and possible losses. SBBSs are therefore very different from Eurobonds.
    • Composition and structure of a SBBS issue: the proposal provides a set of rules that define the constitutive elements of SBBSs. These rules are necessary to ensure that as standardised a product as possible is produced by the markets. This in turn favours its liquidity and appeal to investors.
    • Under the proposal, the underlying portfolio of SBBSs should be composed of sovereign bonds of all EU Member States whose currency is the euro. A SBBSs issue should be composed of a senior tranche, corresponding to 70 percent of the nominal value of SBBSs issue, and one or more subordinated tranches. The purpose of the subordinated tranches is to provide protection to the senior tranche, which therefore is a low risk instrument.
    • Notification and transparency: the proposal provides rules that define notification and transparency requirements for the issuing entity to ensure that self-attestation is performed in a harmonised and credible way. To ensure that investors are protected from the risk of insolvency of the institution that acquires the sovereign bonds (original purchaser, typically a bank), the issuance of SBBSs should be undertaken by a Special Purpose Entity (SPE) that is exclusively devoted to the issuance and management of SBBSs.
    • The SPEs are responsible for compliance with the product and notification requirements. The European Securities and Markets Authority (ESMA) is entrusted with the publication of notifications on its website. This will ensure that the SPEs take responsibility for claiming that a product qualifies as an SBBS and that there is transparency in the market. SPEs shall be liable for any loss or damage resulting from incorrect or misleading notifications under the conditions stipulated by national law.
    • Monitoring: the proposal contains rules regarding the supervision of SBBSs and possible sanctions in case of non-compliance and/or fraudulent behaviour of the issuing entity. It requires Member States to designate competent authorities in accordance with existing EU financial services legislation. The sanctions inflicted to a special purpose entity should be published. In addition, an SBBS which is found not fulfilling the requirements of the proposed Regulation should be removed without undue delay from the list of SBBS established by ESMA.

    Lastly, the proposal contains a set of amendments to the existing legal framework required to grant SBBSs regulatory treatment in line with their unique design and properties.

activities/1
date
2018-07-05T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
body: EP shadows: group: EPP name: MARTUSCIELLO Fulvio group: ECR name: LUCKE Bernd group: ALDE name: CALVET CHAMBON Enrique group: GUE/NGL name: SCHIRDEWAN Martin group: Verts/ALE name: URTASUN Ernest group: ENF name: ZANNI Marco responsible: True committee: ECON date: 2018-05-31T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: S&D name: VON WEIZSÄCKER Jakob
committees/0/date
2018-05-31T00:00:00
committees/0/rapporteur
  • group: S&D name: VON WEIZSÄCKER Jakob
committees/0/shadows
  • group: EPP name: MARTUSCIELLO Fulvio
  • group: ECR name: LUCKE Bernd
  • group: ALDE name: CALVET CHAMBON Enrique
  • group: GUE/NGL name: SCHIRDEWAN Martin
  • group: Verts/ALE name: URTASUN Ernest
  • group: ENF name: ZANNI Marco
other/0
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EC
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DOMBROVSKIS Valdis
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/dossier_of_the_committee
ECON/8/13261
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Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2018-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0339/COM_COM(2018)0339_EN.pdf celexid: CELEX:52018PC0339:EN type: Legislative proposal published title: COM(2018)0339 type: Legislative proposal published body: EC commission:
committees
  • body: EP responsible: True committee_full: Economic and Monetary Affairs committee: ECON
links
other
    procedure
    reference
    2018/0171(COD)
    instrument
    Regulation
    legal_basis
    Treaty on the Functioning of the EU TFEU 114
    stage_reached
    Preparatory phase in Parliament
    summary
    subtype
    Legislation
    title
    Sovereign bond-backed securities
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    2.50.03 Securities and financial markets, stock exchange, CIUTS, investments