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home / media magazine / armonizarea legislatiei bancare cu Directivele UE

Harmonizing the banking legislation with the EU Directives continues

For the actual achievement of integrating the community acquis, BNR acted simultaneously on two directions: harmonizing the Romanian banking legislation with the community one and strengthening the administrative capacity of BNR.

Through the National Program for Romania’s Joining the European Union, the Romanian state undertook the obligation to ensure the harmonizing of the national banking legislation with the community legislation, by the proper amending of the Banking law no. 58/1998 in the following stages:

- Directive no. 10/1996 regarding the acknowledgement by the competent authorities of the bilateral compensation agreements;
- Directive no. 12/2000 regarding the establishing and deployment of activity by the credit institutions;
- Directive no. 28/2000 for amending Directive no. 12/2000;
- Directive no. 46/ regarding the establishing, deployment of activity and prudent monitoring of the activity of the institutions issuing electronic currency;
- Directive no. 24/2001 regarding reorganizing the winding up of the credit institutions.

By entering into effect of Law no. 485/2003, there were eliminated 10 barriers existing in the banking sector, as follows:

From the date of entering into effect of Law no. 485/2003:

- The comprising range of the " credit institution " concept;
- Also defining the comprising range pf the financial institution;
- The obligation to previously obtain BNR’s approval for the significant shareholders;
- The participation percentages of the significant shareholders;
- The application by the branches in Romania of the banks, foreign legal bodies, of the provisions from the Law regarding the banking activity with respect to constituting the general reserve for the credit risk;
- The citizenship of the banks leaders;

With applicability from the joining date, in case of States Members of the European Economic Area:

- the obligation to authorize the branches of the foreign banks and the holding of a minimum equipping capital;
- the existence of certain restrictions applied to banks with respect to the direct involvement in the financial leasing activity;
- the existence of a discriminatory treatment with respect to the qualification and professional experience of the leaders of the foreign banks branches in comparison to those of the Romanian banks branches;
- the non-taking over of the principle of executing the monitoring of the credit institutions by the competent authority in the country of origin;

At the same time with the entering into effect of Law no. 485/2003 the first step was made on the road to remove the barrier regarding the "existence of certain restrictions applied to banks with respect to the direct involvement in the some of the activities established by the legislation regarding movable assets and values stock exchanges". This was eliminated by the entering into effect of Law no. 297/2004 regarding the capital market.

- clarifying the status of the EU credit institutions in relation to those from outside EU;
- eliminating, starting with the joining date, of the requirements regarding knowing the Romanian language and of the studies requirements (education) for the leaders of the branches and offices of the EU credit institutions;
- introducing the minimum level of the initial capital in the text of the law;
- waiving the assessment of the authorization application of a credit institutions from the perspective of the conditions existing on the market;
- reflecting in a manner as closely as possible the structure of Directive 2000/12/CE in the content of Law no. 58/1998 regarding the banking activity, with the subsequent modifications and completions.