2. AGENDA Proportionality: a challenge for regulation
The “own funds” case
Own funds requirements
Pillar 1
Pillar 2
Pillar 3
Own funds definition
Proportionality: a natural component of supervision
Conclusions

3. Proportionality : a challenge for regulation
A conceptual challenge…
Multiplicity of angles: objectives, risk, size, business models, group or standalone dimension…
Antagonism between ready-to-wear and made to measure, simplicity and adaptability, rule and flexibility
…with little playing ground
Level 1 texts are already very prescriptive and detailed
Few specific mandate or areas are explicitly left open to EBA to introduce proportionality and / or materiality concepts
Major RTS on own funds and reporting have already been issued
…and yet some expectations
Proper calculation methodologies: risk exposure for synthetic holdings, for example
Reporting burden
Group dimension (waivers, pillar 2 and 3)
We want more!

4. “Own funds” requirements: Pillar 1
RWA methodologies were set to meet the proportionality principle with the adoption of the graded approaches. Any move away from internal modeling would reduce appropriateness
Expanding standardized approaches is neither leading towards more accuracy nor more simplicity
The lack of consistency will be corrected by the “single rule book” and the “single supervisor” 1
Please, no change
Marginal accuracy benefit derived from increasingly complex calculation may be annihilated by risk of errors
Complex calculations applied to highly granular elements do not always convey relevant information
Pillar 1 calculations should be kept at a reasonable level of complexity 2
Frequencies (e.g. bi-annual instead of quarterly)
Data granularity (e.g. some reports or portions of reports may be waived)
Depending on :
institutions’ risk profile
existence of consolidated supervision
Pillar 1 framework gives rise to important reporting challenges. Proportionality could be found in adjustments of reporting conditions 3
Specific session

5. “Own funds” requirements: Pillar 2
Pillar 2 is typically the chosen field for proportionality or appropriateness. It has been construed as such
EBA should thus refrain to issue overly prescriptive “one size fits all” standards or guidelines with respect to Pillar 2. Its role is rather to elaborate tools and methodologies for the benefit of the supervisor community
The “Group” dimension should be accepted as a possible risk mitigating factor, depending on the group’s own structure and business organisation
Is it relevant to expect a subsidiary representing 0,06% of the RWA of a 1st tier banking group to produce “reverse stress tests” as part of its usual Pillar 2 process ?
Group diversification as well as specific risk management are truly improving the subsidiary risk profiles. A stand alone approach is not appropriate in many case.
Group level ICAAPs should be taken into account by Supervisors when they consider subsidiaries’ Pillar 2 approaches.

6. “Own funds” definition
Level 1 texts are already very prescriptive
Mandates given to EBA are narrow, particularly as far as proportionality is concerned
Definitive draft RTS have already been issued and significant proportionality issues raised by stakeholders were a level 1 text matter:
Proportionality should not be tackled by additional complexity. On the contrary, proportionality to stakes should contribute to reduce this complexity, for example deduction rule for own shares and participations in financial institutions indirectly held in the banking book (The contemplated structure based approach is a commendable attempt but a simple threshold in % of own funds would be more effective)
Q&A process is most probably the best way to address remaining issues

7. Proportionality: a naturel component of supervision
An efficient supervision should be able to use information to identify material risk areas in order to concentrate on relevant issues. Expert judgement and qualitative analysis are key in such a process
A purely or mainly quantitative approach may be detrimental to an effective supervision
The EBA should consider as a duty to assess the NCA’s supervisory burden on institutions with the view to maintain proportionality between means and results

8. Conclusions
Proportionality is already considered by the current regulation, including “own funds”. Going further is just using common sense for implementation and supervision
Regulators have been working for more than 5 years to overhaul the regulatory framework (which was not enforced when the crisis occurred). It is time to stabilize, implement and supervise smartly.
Stabilizing through a straightforward, unique and perfect single rule book. This is the responsibility of the EBA on the basis of the CRD
Implementing regulation in good faith and complying with its intent. This is the duty of banks.
Supervising with independence, courage, flexibility and consistency. This is the responsibility of the BCE and BoE.
There is no need nor efficiency to tackle with proportionality through additional regulation, at least as far as “own funds” are concerned