The European Commission has approved, under EU state aid rules, the establishment
of the National Asset Management Agency (NAMA), an impaired asset relief scheme
for financial institutions in Ireland.
The Commission said that it is satisfied that the scheme is in line with its guidelines
on impaired asset relief for banks that allow state aid to remedy a serious
disturbance in a member state's economy. The scheme will help address the issue
of asset quality in the Irish banking system and promote the return to a normally
functioning financial market.
Commenting, Competition Commissioner, Joaquín Almunia, said: "Ireland's
financial sector has been one of the most affected by the global financial crisis
in Europe and the burst of the Irish real estate bubble has only compounded
the problems. This impaired asset measure, which is specifically targeted at
real estate assets, is therefore key to cleaning up Irish banks' balance sheets.
This is an important step towards the overall restructuring of the sector and
its return to a normal and responsible functioning of the market."
The purpose of NAMA is to restore stability to the Irish banking system by
allowing participating financial institutions to sell to the agency assets whose
declining and uncertain value is preventing the long-term shoring-up of the
financial institutions' capital and, therefore, the return to a normally functioning
financial market.
The scheme was open to all systemically-important credit institutions established
in Ireland, including subsidiaries of foreign banks, with a 60-day application
window that expired on February 19. Five institutions will participate: Anglo
Irish Bank, Allied Irish Bank, Bank of Ireland, Irish Nationwide Building Society
and Educational Building Society.
The assets targeted by the measure are all loans issued for the purchase, exploitation
or development of land and associated loans. Following the bursting of the Irish
real estate bubble, these constitute the riskiest parts of the participating
institutions' asset portfolios. The Irish authorities anticipate that NAMA will
purchase land and development loans as well as associated commercial loans with
a nominal value of approximately EUR80bn for an estimated purchase price of
EUR54bn.
NAMA's main objective is to manage the assets expeditiously with a view to
maximising their value and recovery prospects in the interest of the State.
The Commission has found that the establishment of NAMA constitutes state aid
to the participating institutions pursuant to Article 107(1) of the TFEU (Treaty on the Functioning of the European Union), but
that this aid is compatible by virtue of Article 107(3)(b).
According to the EC, the scheme and intended operations of NAMA are in compliance with the guidelines
set out in the Commission's communication on the treatment of impaired assets
as regards disclosure and transparency, eligibility of institutions
and assets and the alignment of banks' incentives with public policy objectives.
In particular, the Commission has found that the scheme includes an adequate
burden sharing mechanism through the payment of a transfer price which is no
greater than the assets' long-term economic value, and the inclusion of an adequate
remuneration for the state in the rate used to discount the assets' long term
economic cash flows.
The Commission's approval concerns only the NAMA scheme. The Commission will assess
the compatibility (and, in particular, the actual transfer price) of the transferred
assets when they are separately notified by the Irish authorities. These individual
reviews will include a claw back mechanism in case of excess payments.
This is the second asset-relief scheme approved by the Commission after that
submitted by Germany in May 2009 and cleared last July.