Under the proposal, governments would be able to review direct recapitalisation - one of the most hard-fought-over principles of the debt crisis - after 10 years, once a single eurozone bank resolution fund (SRF) is in place.
Inserting a review clause would mark another victory for Germany. Although it initially came up with the idea of direct recapitalisation, it has since grown concerned about German taxpayers having to stump up for banks in other countries.
The review clause is the initiative of Germany and Finland but is supported by several other states, officials say. "Germany and Finland told other eurozone countries last week they would like direct bank recapitalisation to be in place only for 10 years, starting from the date the SRF is set up", a eurozone official with knowledge of the talks told Reuters.
Another official said Germany and Finland had support since ultimately there may be no need for the ESM to directly recapitalise a bank. New "bail-in" rules state that shareholders, bondholders and even large depositors in banks will be first in line for any bank rescue, not taxpayers, making direct recapitalisation potentially unnecessary. "After the full bail-in laws are in effect and enforced in every case and the SRF is fully funded, there should be very little need left for the use of the ESM direct recapitalisation tool", the second official said. "After the SRF is complete...it should be a more theoretical possibility at that point."
Yet while there is a push to insert a 10-year "review clause" on direct recapitalisation, finance ministers are unlikely to agree on scrapping the possibility of direct recaps altogether - a so-called "sunset clause". "There may be a review clause, but there will not be a sunset clause", a third policymaker said.
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