Regulatory Capital

EU rules on capital requirements for credit institutions and investment firms aim to put in place a comprehensive and risk-sensitive framework and to foster enhanced risk management amongst financial institutions. This will maximise the effectiveness of the capital rules in ensuring continuing financial stability, maintaining confidence in financial institutions and protecting consumers.


New proposals on capital requirements 

On 20 July 2011, the Commission adopted a legislative package to strengthen the regulation of the banking sector. The proposal replaces the current Capital Requirements Directives (2006/48 and 2006/49) with a Directive and a Regulation and constitutes another major step towards creating a sounder and safer financial system. The directive governs the access to deposit-taking activities while the regulation establishes the prudential requirements institutions need to respect.


Public Consultation on possible measures to strengthen bank capital requirements for counterparty credit risk

The Commission Services invite views regarding possible measures in the area of counterparty credit risk, namely on: (i) capitalisation of exposures to central counterparties and (ii) the treatment of incurred credit valuation adjustments. Responses are requested by 9 March 2011.


Consultation on countercyclical buffers

The services of the European Commission launch a public consultation to seek stakeholders’ views on possible measures to mitigate fluctuations in the financial system by introducing counter-cyclical capital buffers for banks. Counter-cyclical capital buffers are variable capital reserves that banks would have to accumulate during economically good times. Banks could draw upon these reserves to continue lending and borrowing when economic conditions worsen. A regime for countercyclical capital buffers could also help to moderate the build up of excessive levels of credit in the financial system by raising the cost of credit, and so dampening demand, where there is evidence that levels are growing above established benchmarks.


Revision of the Capital Requirements Directives

Public hearing on further possible changes to the Capital Requirements Directive (“CRD IV”) - April 2010

On 26 April 2010, the European Commission hosted a public hearing on further possible changes to the Capital Requirements Directive (“CRD IV”). The event was open to all stakeholders who have responded to the consultation of February 2010.


Consultation of February 2010

On 26 February 2010 the European Commission invited views regarding further possible changes to the CRD. The proposed amendments relate to liquidity standards, definition of capital, leverage ratio, counterparty credit risk, counter-cyclical measures including through-the-cycle provisioning for expected credit losses, systemically important financial institutions and single rule book in banking. This consultation was closed on 16 April 2010.


Consultation of July 2009

This consultation was closed on 4 September 2009.


Further amendments to the Capital Requirements Directive (July 2009)

On 13 July 2009 the European Commission adopted a proposal to further amend the CRD. The proposed amendments address capital requirements for the trading book and re-securitisations, disclosure of securitisation exposures, and remuneration policies. They form part of the Commission’s response to the financial crisis by strengthening the regulatory framework in those areas, which were relevant to the causes of the crisis.

  • Press release (IP/09/1120)
  • FAQs (MEMO/09/335)
  • Commission proposal PDFEnglish
  • Citizens’ summary PDFбългарскиČeštinaDanskDeutschEesti keelελληνικάEspañolEnglishFrançaisItalianoLatviešu valodaLietuviµ kalbaMagyarMaltiNederlandsPolskiPortuguêsRomânăSlovenskySlovenščinaSuomiSvenska
  • Impact assessment:
    • Executive summary PDFEnglish
    • Full text PDFEnglish

Consultation of April 2009

On April 2009 the Commission services requested feedback regarding possible changes to the CRD with regard to remuneration policies. Comments were requested by May 6, 2009.

  • Possible changes – remuneration policies PDFEnglish, PDFEnglish

The Commission services also requested feedback regarding possible CRD changes to strengthen capital and disclosure requirements for the trading book and for complex securitisations. Comments were requested by April 29, 2009.

  • Possible changes - trading book and re-securitisations PDFEnglish


Amendments to the Capital Requirements Directive (October 2008)

On 1 October 2008 the Commission adopted a proposal to amend the CRD in certain key areas. These amendments address the shortcomings in the current regulatory framework and are a direct response to the financial turmoil.

Public consultations of 2008

On 20 August 2008 the European Commission requested feedback on possible changes to the trading book capital requirements for ’incremental’ risks. This consultation was closed on 15 October 2008.

  • Proposed changes to Trading Book Capital Requirements PDFEnglish

On 20 August 2008 the European Commission requested feedback on possible changes to the trading book capital requirements for ’incremental’ risks. This consultation was closed on 15 October 2008.

On 16 April 2008 the Commission services requested comments on proposed changes to the Capital requirements Directive (2006/48/EC and 2006/49/EC). This Consultation was closed on 16 June 2008.


Capital Requirements Directive: legislation in force

The Capital Requirements Directive was formally adopted (IP/06/797) by the Council and the European Parliament on 14 June 2006.The Capital Requirements Directive, comprising Directive 2006/48/EC and Directive 2006/49/EC, was published in the Official Journal on 30 June 2006.

  • Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) БългарскиČeštinaDanskDeutschEesti keelΕλληνικάEnglishEspañolFrançaisGaeilgeItalianoLatviešu valodaLietuvių kalbaMagyarMaltiNederlandsPolskiPortuguêsRomânăSlovenčinaSlovenščinaSuomiSvenska
     
  • Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) БългарскиČeštinaDanskDeutschEesti keelΕλληνικάEnglishEspañolFrançaisGaeilgeItalianoLatviešu valodaLietuvių kalbaMagyarMaltiNederlandsPolskiPortuguêsRomânăSlovenčinaSlovenščinaSuomiSvenska

The consolidated versions of both Directives, incorporating their relevant amendments:

Studies:


Monitoring and reporting

Article 156 of the Capital Requirements Directive (CRD) requires the Commission to periodically monitor whether the CRD has significant effects on the economic cycle. In the light of the examination, the Commission has to submit a biennial report together with any appropriate remedial measures to the European Parliament and to the Council.

First Report (23 June 2010)

  • Text of the Report PDFБългарскиČeštinaDanskDeutschEesti keelΕλληνικάEnglishEspañolFrançaisItalianoLatviešu valodaLietuvių kalbaMagyarMaltiNederlandsPolskiPortuguêsRomânăSlovenčinaSlovenščinaSuomiSvenska
  • Commission Staff Working Document PDFEnglish

Last update: 12.12.2011