Single Supervisory Mechanism: Accountability arrangements (9th parliamentary term)

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Single Supervisory Mechanism: Accountability arrangements (9th parliamentary term)
BRIEFING

Single Supervisory Mechanism: Accountability
arrangements (9th parliamentary term)
State of play - April 2024
This document provides an overview of the public hearings of the Chair of the Supervisory Board of the European
Central Bank in the ECON Committee during the 9th parliamentary term (since July 2019), and lists all research
papers requested by the ECON Committee, which are in general provided by a standing panel of banking experts.
The annex gives an overview of the respective legal bases for those hearings, which form part of the accountability
framework of the Single Supervisory Mechanism (SSM). For an overview of public hearings during the 8th
parliamentary term, please see here.

Overview of public hearings (since July 2019)
                                                          Transcript and/or video recording
        Date            EGOV Briefing
    21 March 2024            Briefing       Video recording; Transcript (multilingual)
  7 November 2023            Briefing       Video Recording; Transcript (EN / FR / DE)
     28 June 2023            Briefing       Video recording; Transcript (EN / FR / DE)
    21 March 2023            Briefing       Video recording; Transcript (EN / FR / DE)
   1 December 2022           Briefing       Video recording; Transcript (EN /FR / DE)
     30 June 2022            Briefing       Video recording; Transcript (EN / FR / DE)
    31 March 2022            Briefing       Video recording; Transcript (not available)
   14 October 2021           Briefing       Video recording; Transcript (EN / FR / DE)
      1 July 2021            Briefing       Video recording; Transcript (EN / FR / DE)
    23 March 2021            Briefing       Video recording; Transcript (EN / FR / DE)
   27 October 2020           Briefing       Video recording; Transcript (EN / FR / DE)
      5 May 2020             Briefing       Video recording; Transcript (multilingual)
  12 December 2019           Briefing       Video recording; Transcript (EN / FR / DE)
  4 September 2019           Briefing       Video recording; Transcript (EN / FR / DE)

                             Economic Governance and EMU Scrutiny Unit (EGOV)
                                   Author: Marcel MAGNUS, Kai SPITZER                                       EN
                                  Directorate-General for Internal Policies
                                          PE 659.623 - April 2024
IPOL | Economic Governance and EMU Scrutiny Unit

Overview of external expertise provided (since July 2019)
  Date                                 Subject                                                Authors
           Overly reliant on Central Bank funding? Consequences of exiting      F. Heider, J. Schlegel
 3/2024
           TLTRO
           Overly reliant on Central Bank funding? Consequences of exiting      A. Resti
 10/2023
           TLTRO
 6/2023    Digital euro’s legal framework                                         A. Mooij
 5/2023    A legal framework for the digital euro                                 S. Grünewald
 4/2023    Digital Euro: When in doubt, abstain (but be prepared)                 I. Angeloni
                                                                                  C. Hofmann
 4/2023    Digital Euro: An assessment of the first two progress reports          C. Monnet
                                                                                  A. Niepelt
           Macro-prudential Policy beyond Banking. The Case of Borrower-          H. Huizinga
 4/2023
           Based Measures
 4/2023    On the need to expand macro-prudential policies to non-banks           J. De Haan
           Monitoring Complex Financial Instruments in Banks’ Balance             J. Bischof, R. Haselmann, and T. H.
 11/2022
           Sheets                                                                  Tröger
           Evolving key risks in the banking sector and related priorities for    A. Resti
 11/2022
           the SSM
           Geopolitical risks and banking sector vulnerabilities: implications    A. Lehmann
 11/2022
           for the SSM
           Evolving key risks in the banking sector and related priorities for    T. Beck, B. Bruno, and E. Carletti
 11/2022
           the SSM
           Assessment of the current accountability framework with the            A. Akbik
 7/2022
           SSM
 6/2022    Financial institutions' exposures to fossil fuel assets                W. Beyene, M. Delis, S. Ongena
           The ECB’s close cooperation on supervising banks in Bulgaria and       T. Beck, B. Bruno
 3/2022
           Croatia                                                                Z. Darvas, C. Martins
           Did the pandemic lead to structural changes in the banking             A. Resti
 10/2021
           sector?                                                                R. Christie, M. Grzegorczyk
           Main differences between the practice of supervising large banks       R. Haselmann, T. Tröger
 7/2021    in the UK and in the euro area, and main risks of regulatory
           divergence
           UK banks in international markets - Implications of UK-euro area       A. Lehmann
 6/2021
           divergence in regulation and supervisory practice
           Digital transformation - why do some significant banks fall            A. C. Bertay, H. Huizinga
 6/2021
           behind?
 6/2021    Low IT spending by banks: Reason for concern?                          J. De Haan
           Non-performing Loans - New risks and policies? NPL resolution          A. C. Bertay, H. Huizinga
 3/2021
           after COVID-19: Main differences to previous crises                    J. Haynes, P. Hope, H. Talbot
                                                                                  K. Langenbucher, C. Leuz, J.P.
                                                                                   Krahnen, L.Pelizzon
                                                                                  B. Garcia Osma, A. Gisbert, B.
 10/2020   What are the wider supervisory implications of the Wirecard case?
                                                                                   Navallas
                                                                                  G. Barba Navaretti, G. Calzolari, A.
                                                                                   F. Pozzolo
           Has the relaxation of capital and liquidity buffers worked in          A. Matyunina & S. Ongena
 10/2020
           practice?                                                              J. Abad & R. Repullo
                                                                                  A. Bertray & H. Huizinga
           What are the main factors for the subdued profitability of             A. Resti
 12/2019   significant banks in the Banking Union and is the ECB’s                B. Bruno & E. Carletti
           supervisory response conclusive and exhaustive?                        T. Farina, J.P. Krahnen, L.Pelizzon
                                                                                   & M. Wahrenburg

                                                       2                                                       PE 659.623
Single Supervisory Mechanism: Accountability arrangements (9th legislative term)

                       ANNEX: Accountability arrangements regarding the SSM

                                          Accountability provisions

    The Single Supervisory Mechanism (SSM) is the system of banking supervision for Europe, which aims to
    ensure the safety and soundness of the European banking system, increase financial integration and stability,
    and ensure consistent supervision.
    In that context, the ECB was given a central role for the supervision of euro area banks, on the one hand
    directly supervising the most important banking groups, on the other hand, as regards the supervision of less
    significant banks, of coordinating and cooperating with national supervisors and ensuring consistent
    supervision.
    Council Regulation (EU) No 1024/2013 sets out the specific supervisory tasks conferred on the ECB and the
    accountability arrangements between the ECB and the European Parliament (EP) (see below for relevant
    excerpts). The ECB is also accountable to the Council (having concluded a memorandum of understanding)
    and to national parliaments. The practical modalities of the exercise of democratic accountability and
    oversight over the ECB’s performance are set out in more detail in an Interinstitutional Agreement between
    the EP and the ECB (see below for relevant excerpts).
    Council Regulation (EU) No 1024/2013, Article 20 on Accountability and reporting:
   1. The ECB shall be accountable to the European Parliament and to the Council for the implementation of
      this Regulation, in accordance with this Chapter.
   2. The ECB shall submit on an annual basis to the European Parliament, to the Council, to the Commission
      and to the euro Group a report on the execution of the tasks conferred on it by this Regulation, including
      information on the envisaged evolution of the structure and amount of the supervisory fees mentioned
      in Article 30.
   3. The Chair of the Supervisory Board of the ECB shall present that report in public to the European
      Parliament, and to the euro Group in the presence of representatives from any participating Member
      State whose currency is not the euro. [...]
   5. At the request of the European Parliament, the Chair of the Supervisory Board of the ECB shall participate
      in a hearing on the execution of its supervisory tasks by the competent committees of the European
      Parliament.
   6. The ECB shall reply orally or in writing to questions put to it by the European Parliament, or by the euro
      Group in accordance with the its own procedures and in the presence of representatives from any
      participating Member States whose currency is not the euro. [...]
   8. Upon request the Chair of the Supervisory Board of the ECB shall hold confidential oral discussions
      behind closed doors with the Chair and Vice-Chairs of the competent committee of the European
      Parliament concerning its supervisory tasks where such discussions are required for the exercise of the
      European Parliament’s powers under the TFEU. An agreement shall be concluded between the European
      Parliament and the ECB on the detailed arrangements for organising such discussions, with a view to
      ensuring full confidentiality in accordance with the confidentiality obligations imposed on the ECB as a
      competent authority under relevant Union law.
   9. The ECB shall cooperate sincerely with any investigations by the European Parliament, subject to the
      TFEU. The ECB and the European Parliament shall conclude appropriate arrangements on the practical
      modalities of the exercise of democratic accountability and oversight over the exercise of the tasks
      conferred on the ECB by this Regulation. Those arrangements shall cover, inter alia, access to information,
      cooperation in investigations and information on the selection procedure of the Chair of the Supervisory
      Board.

PE 659.623                                               3
IPOL | Economic Governance and EMU Scrutiny Unit

    Interinstitutional Agreement between the EP and the ECB
   Part I.1: Reports
    The ECB shall submit every year a report to Parliament (‘Annual Report’) on the execution of the tasks
    conferred on it by Regulation (EU) No 1024/2013. The Chair of the Supervisory Board shall present the
    Annual Report to Parliament at a public hearing. [...] The Annual Report shall cover, inter alia:
     i.     execution of supervisory tasks,
     ii.    sharing of tasks with the national supervisory authorities,
     iii.   cooperation with other national or Union relevant authorities,
     iv.    separation between monetary policy and supervisory tasks,
     v.     evolution of supervisory structure and staffing, including the number and the national composition of
            Seconded National Experts,
     vi.    implementation of the Code of Conduct,
     vii. method of calculation and amount of supervisory fees,
     viii. budget for supervisory tasks, ix. experience with reporting on the basis of Article 23 of Regulation
           (EU) No 1024/2013 (Reporting of violations) [...].
    Part I.2: Hearings and confidential oral discussions
    The Chair of the Supervisory Board shall participate in ordinary public hearings on the execution of the
    supervisory tasks on request of Parliament’s competent committee. Parliament’s competent committee and
    the ECB shall agree on a calendar for two such hearings to be held in the course of the following year. [...]
    In addition, the Chair of the Supervisory Board may be invited to additional ad hoc exchanges of views on
    supervisory issues with Parliament’s competent committee.
    Where necessary for the exercise of Parliament’s powers under the TFEU and Union law, the Chair of its
    competent committee may request special confidential meetings with the Chair of the Supervisory Board in
    writing, giving reasons. . [...]
    All participants in the special confidential meetings shall be subject to confidentiality requirements equivalent
    to those applying to the members of the Supervisory Board and to the ECB’s supervisory staff. [...]
    The principle of openness of Union institutions in accordance with the TFEU shall apply to the SSM. The
    discussion in special confidential meetings shall follow the principle of openness and elaboration around the
    relevant circumstances. [...]
    The ordinary hearings, ad hoc exchanges of views and the confidential meetings can cover all aspects of the
    activity and functioning of the SSM covered by Regulation (EU) No 1024/2013.
    No minutes or any other recording of the confidential meetings shall be taken. No statement shall be made
    for the press or any other media. [...]
    Part I.3: Responding to questions
    The ECB shall reply in writing to written questions put to it by Parliament. [...] Questions shall be replied as
    promptly as possible, and in any event within five weeks of their transmission to the ECB.
    Both the ECB and Parliament shall dedicate a specific section of the websites for the questions and answers
    referred to above.
    Part I.4 4.: Access to information
    The ECB shall provide Parliament’s competent committee at least with a comprehensive and meaningful
    record of the proceedings of the Supervisory Board that enables an understanding of the discussions,
    including an annotated list of decisions. [...]
    In the event of the winding-up of a credit institution, non-confidential information relating to that credit
    institution shall be disclosed ex post, once any restrictions on the provision of relevant information resulting
    from confidentiality requirements have ceased to apply. [...]
    The ECB shall publish on its website a guide to its supervisory practices.

                                                            4                                                 PE 659.623
Single Supervisory Mechanism: Accountability arrangements (9th legislative term)

                                                   Appointment procedures

    The EP’s strong governance role in the overall organisational design of the SSM is furthermore underlined by
    the fact that the candidate proposed by the ECB for the position of Chair of the Supervisory Board has to be
    approved by the EP according to Art. 26 (3) of the Regulation (EU) No 1024/2013 (see excerpts below). In that
    context, the Interinstitutional Agreement between the EP and the ECB sets out more details of the
    appointment procedure.
    In the past, the EP has inter alia taken the following actions in that respect:
             20/09/2023: EP vote on the appointment of Ms Buch as Chair of the ECB Supervisory Board
             29/11/2018: EP vote on the appointment of Mr Enria as Chair of the ECB Supervisory Board
             11/12/2013: EP plenary vote on the approval of Ms Nouy as Chair of the ECB Supervisory Board

    Interinstitutional Agreement between the EP and the ECB Part 2: Selection Procedures
    [...] Parliament’s competent committee shall be informed two weeks before the ECB’s Governing Council
    publishes the vacancy notice of the details [for the Chair], including the selection criteria and the specific job
    profile, of the ‘open selection procedure’ that it intends to apply for the selection of the Chair.
    Parliament’s competent committee shall be informed by the ECB’s Governing Council of the composition of
    the pool of applicants for the position of Chair (number of applications, mix of professional skills, gender and
    nationality balance, etc.) as well as of the method through which the pool of applicants is screened in order
    to draw up a shortlist of at least two candidates and eventually to determine the proposal by the ECB.
    The ECB shall provide Parliament’s competent committee with the shortlist of candidates for the position of
    the Chair of the Supervisory Board. The ECB shall provide that shortlist at least three weeks before submitting
    its proposal for the appointment of the Chair.
    Parliament’s competent committee may submit questions to the ECB relating to the selection criteria and the
    shortlist of candidates within a week from receiving it. The ECB shall respond to such questions in writing
    within two weeks.
    The approval process shall comprise the following steps:
        -     The ECB shall convey its proposals for the Chair and the Vice-Chair to Parliament together with written
              explanations of the underlying reasons.
        -     A public hearing of the proposed Chair and Vice Chair of the Supervisory Board shall be held in
              Parliament’s competent committee.
        -     Parliament shall decide on the approval of the candidate proposed by the ECB for Chair and Vice Chair
              through a vote in the competent committee and in plenary. Parliament will normally, taking into
              account its calendar, aim at taking that decision within six weeks of the proposal [...].

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PE 659.623                                                            5
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