I. General Information
Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC
European Commission - Press Release IP/11/915 - 20/07/2011 :
"Commission wants stronger and more responsible banks in Europe
Brussels, 20 July 2011 - Banks have been at the centre of the financial crisis the global economy is facing since 2008. Lessons have been drawn from this and mistakes of the past should not repeat themselves. This is why the European Commission has brought forward today proposals to change the behaviour of the 8000 banks that operate in Europe The overarching goal of this proposal is to strengthen the resilience of the EU banking sector while ensuring that banks continue to finance economic activity and growth. The Commission's proposals have three concrete goals.
Internal Market Commissioner Michel Barnier said "The financial crisis has hit European families and businesses hard. We cannot let such a crisis occur again and we cannot allow the actions of a few in the financial world to jeopardize our prosperity. That's why today, we have brought forward proposals to make the more than 8,000 banks that are active in Europe stronger. The banking sector will have to hold more capital and better quality capital every time it is taking risks It is a tremendously important step forward in learning the lessons from the crisis and adopting a new approach to risk. I am pleased to note that Europe continues to take the lead and is the first jurisdiction at a global level to transpose the G20 commitments. Only when all these rules are in place can we really say we've fully learnt the lessons of the crisis".
The proposal contains two parts: a directive governing the access to deposit-taking activities and a regulation governing how activities of credit institutions and investment firms are carried out. Both legal instruments form a package and should be considered together. The proposal is accompanied by an impact assessment which demonstrates that this reform will significantly reduce the probability of a systemic banking crisis.
New elements in this directive are:
Finally, the proposal will seek to reduce to the extent possible reliance by credit institutions on external credit ratings by: a) requiring that all banks' investment decisions are based not only on ratings but also on their own internal credit opinion, and b) that banks with a material number of exposures in a given portfolio develop internal ratings for that portfolio instead of relying on external ratings for the calculation of their capital requirements.
Today's proposal replaces the former Capital Requirements Directives 2006/48/EC and 2006/49/EC with a Regulation and a Directive and constitutes another major step towards creating a sounder and safer European financial system.
In order to restore stability in the banking sector and ensure that credit continues to flow to the real economy, both the EU and its Member States adopted a broad range of unprecedented measures with the taxpayer ultimately footing the related bill. In this context, the European Commission has approved €4.1 trillion of state aid measures to financial institutions of which more than €2 trillion were effectively used in 2008 and 2009."
|Source||O.J. EU No L (Legislation), Edition 176, Year 2013, p.338|
|Character||Lamfalussy Framework Act|
|Implementation|| Regulation (EU) Nr. 2017/180
|Legal Basis||Art. 53 Abs. 1 AEUV|
|Legislative Procedure||Codecision procedure|
|Background|| Basel III
II. Rahmenrechtsakt (Level 1)
|CRD IV (Directive 2013/36/EU) amended by|
Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU
| Ältere Textfassungen
3. Legislative History
5. Legal Impact
|Amendment|| Directive 2002/87/EC|
|Repeal|| Directive 2006/48/EC|
|Repeal|| Directive 2006/49/EC|
|Repeal|| Directive 2007/18/EC|
|Repeal|| Directive 2008/24/EC|
|Repeal|| Directive 2009/83/EC|
|Repeal|| Directive 2009/27/EC|
|Repeal|| Directive 2010/76/EU|
III. Implementing / Legislative Act (Level 2)
| (EU) No 2017/180
Commission Delegated Regulation (EU) 2017/180 of 24 October 2016 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for benchmarking portfolio assessment standards and assessment-sharing procedures
IV. Umsetzung in den Mitgliedstaaten
1. Implementation in Germany
Leitfaden zur Beurteilung von Zulassungsanträgen - Teil 2
Leitfaden zur Beurteilung von Zulassungsanträgen