2015-11-27

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Royal Decree Approving the National Bank of Belgium's Regulation on Qualifying Domestic Systemically Important Institutions and Determining Their Tier 1 Core Capital Buffer

The National Bank of Belgium designates eleven specific financial institutions, including Argenta, Axa Bank Europe, Belfius, BNP Paribas Fortis, Euroclear, ING Belgium, KBC Group, KBC Bank, and The Bank of New York Mellon, as domestic systemically important institutions (DSIIs). These institutions are divided into two categories based on systemic importance scores, with the first category (Belfius, BNP Paribas Fortis, ING Belgium, KBC Group, and KBC Bank) required to maintain an additional Tier 1 core capital buffer of 0.5% from January 1, 2016, increasing to 1% in 2017 and 1.5% in 2018. The second category (Argenta entities, Axa Bank Europe, Euroclear entities, and The Bank of New York Mellon) is also designated as DSIIs but is not subject to the specific additional buffer amounts listed for the first category in this text. The regulation and the approving Royal Decree enter into force on January 1, 2016.

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We have decided and decree:

Article 1 - The flat-rate compensation for accommodation, stay, and health care costs for illegally employed foreign workers and their family members, who are illegally present in Belgium, is set at 190 EUR for the year 2013.

Art. 2 - If a repatriation procedure is initiated against an illegally employed foreign worker, the costs of his repatriation shall be claimed from his employer.

Art. 3 - The Minister responsible for entry into, stay, settlement, and removal of foreigners, and the Minister responsible for employment, are each charged with the execution of this decree in their respective areas.

Given in Brussels, on December 15, 2013

PHILIPPE

By the King: The Minister of Justice Ms. A. TURTELBOOM The Minister of Employment Ms. M. DE CONINCK The State Secretary for Asylum and Migration, * Ms. M. DE BLOCK

FEDERAL PUBLIC SERVICE FINANCES [C - 2015/03424]

27 NOVEMBER 2015. — Royal Decree approving the regulation of 10 November 2015 of the National Bank of Belgium concerning the method for designating institutions as domestic systemically important institutions and for determining the amount of their Tier 1 core capital buffer.

FILIP, King of the Belgians, To all who are now and hereafter shall be, Our Greeting.

Having regard to the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, Articles 12bis, § 2 and 36/34, § 2;

Having regard to Annex IV to the Law of 25 April 2014 on the status and supervision of credit institutions, Article 14, §§ 1, 2 and 3;

On the proposal of the Minister of Finance,

We have decided and decree:

Article 1. The regulation of 10 November 2015 of the National Bank of Belgium concerning the method for designating institutions as domestic systemically important institutions and for determining the amount of their Tier 1 core capital buffer, attached to this decree, is approved.

Art. 2. This decree enters into force on 1 January 2016.

Art. 3. The Minister responsible for Finance is charged with the execution of this decree.

Given in Brussels, 27 November 2015.

FILIP

By the King: The Minister of Finance, J. VAN OVERTVELDT

Annex to the Royal Decree of 27 November 2015 approving the regulation of 10 November 2015 of the National Bank of Belgium concerning the method for designating institutions as domestic systemically important institutions and for determining the amount of their Tier 1 core capital buffer.

The National Bank of Belgium (hereinafter the "Bank"),

Having regard to the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, Articles 12bis, § 2 and 36/34, § 2;

Having regard to Annex IV to the Law of 25 April 2014 on the status and supervision of credit institutions (hereinafter, the "Law of 25 April 2014"), Article 14, §§ 1, 2 and 3;

Having regard to the consultation of enterprises,

Decides:

Scope of Application

Article 1. This regulation applies to: 1° credit institutions, as referred to in Article 1, § 3 of the Law of 25 April 2014; 2° financial parent companies in a Member State, as referred to in Article 164, § 2, 5° of the Law of 25 April 2014; 3° mixed financial parent companies in a Member State, as referred to in Article 164, § 2, 8° of the Law of 25 April 2014, hereinafter the "institutions".

Method for Designating Institutions as Domestic Systemically Important Institutions

Art. 2. § 1. In application of Article 14, § 1 of the Law of 25 April 2014, the Bank determines annually which institutions must be designated as domestic systemically important institutions within the meaning of Article 11, b), of Annex IV to the Law of 25 April 2014 (hereinafter "DSII").

§ 2. For the application of paragraph 1, the Bank applies the method and criteria set out in Titles I to III of the European Banking Authority Guidelines No. 2014/10 on the criteria to be used to determine the conditions for the application of Article 131(3) of Directive 2013/36/EU (Capital Requirements Directive) regarding the assessment of other systemically important institutions (OSI) (hereinafter "Guidelines No. 2014/10"), with the understanding that in Guidelines No. 2014/10: — under "relevant entities", institutions are understood; — under "authority" or "relevant authority", the Bank is understood; — under "Member State", Belgium is understood; — under "other systemically important institution" or "OSI" and under a domestic systemically important institution respectively, DSII is understood.

§ 3. The Bank implements the provision referred to in paragraph 1 based on the consolidated position of the institutions.

Furthermore, the Bank implements the provision referred to in paragraph 1 based on the individual position of credit institutions.

§ 4. Under paragraphs 1 to 3, the following institutions are designated as DSII: — Investeringsmaatschappij Argenta; — Argenta Bank- en Verzekeringsgroep; — Argenta Spaarbank; — Axa Bank Europe; — Belfius Bank; — BNP Paribas Fortis; — Euroclear; — ING Belgium; — KBC Group; — KBC Bank; — The Bank of New York Mellon.

Method for Determining the Amount of the Tier 1 Core Capital Buffer of Domestic Systemically Important Institutions and Fixing the Amount

Art. 3. § 1. In application of Article 14, § 2 of Annex IV to the Law of 25 April 2014, the Bank divides the institutions referred to in Article 2, § 4 into two categories, based inter alia on their total score for systemic importance, as referred to in Article 8 of Guidelines No. 2014/10.

§ 2. Consequently, the following institutions must comply with an additional Tier 1 core capital buffer: — Belfius Bank; — BNP Paribas Fortis; — ING Belgium; — KBC Group; — KBC Bank.

This additional Tier 1 core capital buffer amounts to: — 0.5% from 1 January 2016; — 1% from 1 January 2017; — 1.5% from 1 January 2018.

§ 3. Consequently, the following institutions must comply with an additional Tier 1 core capital buffer: — Investeringsmaatschappij Argenta; — Argenta Bank- en Verzekeringsgroep; — Argenta Spaarbank; — Axa Bank Europe; — Euroclear; — Euroclear Bank; — The Bank of New York Mellon.

Entry into Force

Art. 4. This regulation enters into force on 1 January 2016. It remains in force until the Bank revises, pursuant to Article 15, second paragraph of Annex IV to the Law of 25 April 2014, the qualification of an institution as a DSII or the requirement for a DSII of an additional Tier 1 core capital buffer as determined in Article 3.

Brussels, 10 November 2015.

The Governor, J. SMETS

Seen for attachment to Our Decree of 27 November 2015 approving the regulation of 10 November 2015 of the National Bank of Belgium concerning the method for designating institutions as domestic systemically important institutions and for determining the amount of their Tier 1 core capital buffer.

FILIP

By the King: The Minister of Finance, * J. VAN OVERTVELDT

FEDERAL PUBLIC SERVICE EMPLOYMENT, LABOUR AND SOCIAL DIALOGUE [2015/205661]

27 NOVEMBER 2015. — Law withdrawing Article 96 of the Law of 26 December 2013 concerning the introduction of a single status between workers and employees regarding notice periods and the waiting day and accompanying measures and amending Article 40 of the Law of 4 August 1996 concerning the well-being of workers in the performance of their work (1)

FILIP, King of the Belgians, To all who are now and hereafter shall be, Our Greeting.

The Chamber of Representatives has adopted and We ratify the following:

CHAPTER I. — General Provision

Article 1. This Law regulates a matter referred to in Article 74 of the Constitution.

CHAPTER II. — Withdrawal of a provision not yet in force

Art. 2. Article 96 of the Law of 26 December 2013 concerning the introduction of a single status between workers and employees regarding notice periods and the waiting day and accompanying measures is withdrawn.

§ 2. Consequently, the following institutions must comply with an additional Tier 1 core capital buffer: — Belfius Banque; — BNP Paribas Fortis; — ING Belgique; — KBC Groupe; — KBC Bank.

This additional Tier 1 core capital buffer amounts to: — 0.5% from 1 January 2016; — 1% from 1 January 2017; — 1.5% from 1 January 2018.

§ 3. Consequently, the following institutions must comply with an additional Tier 1 core capital buffer: — Investeringsmaatschappij Argenta; — Argenta Bank- en Verzekeringsgroep; — Argenta Banque d’Épargne; — Axa Bank Europe; — Euroclear; — Euroclear Bank; — The Bank of New York Mellon.

Entry into Force

Art. 4. This regulation enters into force on 1 January 2016. It continues to apply until the Bank revises, pursuant to Article 15, paragraph 2 of Annex IV to the Law of 25 April 2014, the qualification of an institution as a domestic SII or the requirement for a domestic SII of an additional Tier 1 core capital buffer referred to in Article 3.

Brussels, 10 November 2015.

The Governor, J. SMETS

Seen for attachment to Our Decree of 27 November 2015 approving the regulation of 10 November 2015 of the National Bank of Belgium concerning the method for qualifying domestic systemically important institutions and for determining the amount of the Tier 1 core capital buffer.

PHILIPPE

By the King: The Minister of Finance, J. VAN OVERTVELDT

FEDERAL PUBLIC SERVICE EMPLOYMENT, LABOUR AND SOCIAL DIALOGUE [2015/205661]

27 NOVEMBER 2015. — Law withdrawing Article 96 of the Law of 26 December 2013 concerning the introduction of a single status between workers and employees regarding notice periods and the waiting day as well as accompanying measures and amending Article 40 of the Law of 4 August 1996 concerning the well-being of workers in the performance of their work (1)

PHILIPPE, King of the Belgians, To all, present and future, Greeting.

The Chamber of Representatives has adopted and We sanction the following:

CHAPTER I. — General Provision

Article 1. This Law regulates a matter referred to in Article 74 of the Constitution.

CHAPTER II. — Withdrawal of a provision not yet in force

Art. 2. Article 96 of the Law of 26 December 2013 concerning the introduction of a single status between workers and employees regarding notice periods and the waiting day as well as accompanying measures is withdrawn.

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