U.S. regulators this week proposed easing capital rules on big U.S. banks in a package of proposals that departs from globally agreed-upon standards. Now, it’s sparking calls from European trade groups to loosen the EU’s own version of the rules. On Thursday, U.S. bank regulators released a number of potential rule changes intended to align U.S. policy with a 2017 global agreement known as Basel III. Its provisions imply a 2.4 percent decrease in capital held by the largest U.S. banks and bigger cuts for smaller banks. European regulators, anticipating the U.S. move, had already been discussing loosening their own requirements, which currently call for raising the capital that banks must have on hand by around 8 percent by 2033. But the breadth of the U.S. proposal has prompted trade groups in Europe to push officials to move faster. Taken together, the moves could weaken the global regulatory framework instituted on both sides of the Atlantic after the 2008 financial crisis. “The U.S. proposal appears to mark a clear shift toward easing capital constraints to support lending and growth, while Europe seems to continue moving in a different direction,” said Sébastien de Brouwer, deputy CEO of the European Banking Federation, a trade group. The United States’ pullback is “making it more urgent than ever to review the EU framework to preserve competitiveness and financing capacity of European banks,” he said. Over the past few months, European regulators had started to reevaluate the competitiveness of the bloc’s banking sector, especially as major European economies have struggled to keep pace with U.S. growth. EU heads of government called Thursday night, in a statement agreed upon before the release of the U.S. proposal, for the European Commission “to propose targeted amendments to the prudential framework in order to enhance the capacity of the banking sector to finance the European economy.” The Commission is also authoring a report on the competitiveness of its banking sector, due after the summer, which will pave the way for legislative proposals. This is set to be a wide-ranging report that could relate to bank capital requirements or other policies. The European Central Bank has already made recommendations for simplifying the bloc’s banking rules ahead of the report, including calling for lighter Basel rules for small banks and for capital buffers to be merged. None of its recommendations were as sweeping as what the U.S. has proposed, however. The U.S. proposal departs from the intent of the original Basel accords, a long process in which global regulators worked to address the root causes of the global financial crisis, critics say. Regulators in 2017 reached an agreement around the framework for jurisdictions to mitigate risks. “This definitely goes against not just the ethos but the intent, spirit and goal of Basel III,” said Dennis Kelleher, CEO of Better Markets, an advocacy group that supports stronger financial regulation. “This proposal when finalized will inevitably ignite another global race to the regulatory bottom” One of the biggest departures relates to the unwinding of the “output floor,” which sets a minimum capital threshold for banks’ trading activities. The new proposal uses a new risk-weighting approach that would do away with the threshold. “This will encourage other jurisdictions to do the same, undermining a key reform and cornerstone of the Basel III agreement,” Federal Reserve board member Michael Barr said Thursday. In the 2017 international talks, the U.S. had argued in favor of a restrictive output floor. Major European banks argued that would hike their capital requirements above and beyond those of the U.S., given the makeup of European banks’ trading books, stymieing lending to the real economy. The threshold was ultimately set at a lower rate than what American negotiators wanted. European regulators had recently moved to delay implementation of the Fundamental Review of the Trading Book, the portion of Basel focused specifically on so-called market risk, or rules governing how to capitalize banks’ trading activities. “Removing the output floor for market risk is a divergence from international standards, and we will carefully assess the impact on internationally active banks, in particular, with respect to the ongoing discussions on EU FRTB implementation and banking competitiveness in Europe,” said Caroline Liesegang, head of prudential regulation and research at the Association for Financial Markets in Europe, which represents large banks. In the past, U.S. regulators had tended to “gold plate” the country’s rules for big banks, meaning they put in provisions above and beyond what Basel requires in order to acknowledge the United State’s central role in the global financial system and push for stricter global standards. In 2023, U.S. regulators failed to pass a capital proposal that would have raised aggregate capital by 16 percent and would have adhered more strictly to the international framework. On Thursday, U.S. regulators said the international standards should not be an unnecessary barrier to the needs of the U.S. financial system. “We should not seek to punish U.S. consumers and businesses by imposing higher costs of credit, or forcing credit availability outside of the banking system, particularly if this is done only to show greater alignment with Basel or any other international standard,” said Federal Reserve Vice Chair for Supervision Michelle Bowman, who led the U.S. central bank’s crafting of the proposal. The dilution of the agreement and its pullback on capital “will make it more challenging for the U.S. to use Basel, as it so often has, to further its own agenda,” said Kathryn Judge, professor at Columbia Law School. In the U.K., which has since left the bloc, the capital rules are expected to have less of an impact on banks than EU peers. A spokesperson for the Prudential Regulation Authority, the U.K.’s main banking regulator, said that the thinking remains the same as in its final rules, which will see the market risk rules apply from 2028. The European Commission declined to comment. The Basel Committee said it doesn’t comment on individual jurisdictions. The Federal Reserve declined to comment. Bjarke Smith-Meyer and Elliot Gulliver-Needham contributed to this report.

Germany’s two banking supervisory agencies have drafted a plan to ease the burden of regulation on Europe’s smaller banks and are now seeing if it will fly. An informal discussion paper drafted by the Deutsche Bundesbank and Bafin — which share responsibility for supervising German banks — proposes freeing banks across the EU of the need to report capital ratios based on complex calculations of the riskiness of their assets, as well as liberating them from various other obligations. The proposals are the first concrete result of a drive to simplify regulation that began earlier this year and are the clearest sign yet that the EU is — belatedly — ready to undo some of the stifling financial regulation it introduced over a decade ago. Regulation is currently based on the global Basel III accords that were agreed by regulators in 2010, two years after reckless lending by U.S. and European banks caused the biggest financial crisis in nearly 80 years and a wrenching recession across most of the world. Basel III drastically increased the amount of capital and liquidity that banks have to hold to protect themselves against a possible repeat. But the accords were aimed primarily at big international institutions whose operations were capable of destabilizing the global financial system; as the impact of the 2008-2009 disaster has faded, regulators have grudgingly come to accept that their response went too far. The U.S., Switzerland and the U.K. have already implemented less intrusive regimes for smaller banks with simpler business models. “With the proposal for an EU small banks regime, we have provided important impetus to the discussions on simplifying the regulatory framework,” Michael Theurer, the Bundesbank’s head of banking supervision, said in emailed comments, stressing that the proposal “does not represent a departure from the Basel framework.” The framework would be open to banks with less than €10 billion in assets and with a mainly domestic focus (at least 75 per cent of their business should be in the European Economic Area). Banks using it would not be allowed to hold any cryptocurrency assets such as Bitcoin, and would be allowed to hold only minimal amounts of derivatives or assets for trading purposes. They would also have to prove that their vulnerability to changes in interest rates is acceptably low. ‘PARADIGM SHIFT’ Under the Capital Requirements Regulation, which applies Basel III in the EU, banks are generally required to report two capital ratios — one adjusted for risk, and one unadjusted. The latter, known as the leverage ratio, was originally intended as a backstop to prevent larger banks from gaming the system by understating the risks on their books under internal models allowed by the accords The German proposals suggest that smaller banks would merely have to report a leverage ratio, albeit a “significantly higher” one than the present 3 percent. By comparison, U.S. community banks must keep their leverage ratios above 9 percent, which means they must hold at least $9 of capital for every $100 in assets. Theurer said the Bundesbank had deliberately refrained from suggesting a specific ratio at this time. This idea “is more than a technical detail,” Daniel Quinten, a member of the board at Germany’s Federal Association of Cooperative Banks, said in a post on social media. “It would be a paradigm shift — and a chance for more proportionality, more efficiency and less bureaucracy in regulation.” The proposals — and the feedback they get — are to be incorporated in a report that a high-level European Central Bank task force will recommend to the European Commission at the end of the year. | Florian Wiegand/EPA The proposals also simplify demands on liquidity coverage. They would exempt banks from the Basel III Net Stable Funding Ratio — a complex formula for guaranteeing liquidity over a one-year timeframe — and would replace it with a new requirement that would limit their lending to only 90 percent of their deposit base. Banks would also have to keep at least 10 percent of their assets in highly liquid form, such as cash, central bank reserves or short-term government debt. This, the discussion paper said, “would achieve similar potential outcomes with dramatically reduced complexity.” The proposals — and the feedback they get — are to be incorporated in a report that a high-level European Central Bank task force will recommend to the European Commission at the end of the year. Additional reporting by Carlo Boffa.