Cyprus failing to enforce EU unfair practices laws

News that the European Commission has sent a reasoned opinion to Cyprus for failing to properly implement and enforce EU law on unfair contract terms (Council Directive 93/13/EEC) and unfair commercial practices (Directive 2005/29/EC).

The Commission opened this infringement case in 2013 based on a series of complaints from EU citizens who had bought real estate in Cyprus and had allegedly been misled by real estate developers, banks and lawyers.

The Commission found that the Cypriot authorities were not effectively enforcing either of the two relevant EU Directives.

In the framework of the infringement procedure, the Cypriot authorities responded constructively to several of the concerns raised by the Commission on the transposition and implementation of the two Directives.

However, the matter has not been fully resolved so far; there are still no adequate and effective means in Cyprus to prevent the continued use of unfair terms in consumer contracts.

The decisions of the Cypriot Consumer Protection Service are not enforceable and the Law Office of the Republic fails to follow up on its decisions, as it does not lodge applications for injunctions with the relevant civil courts.

In addition, lawyers are not subject to the rules on unfair commercial practices. Cyprus now has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to refer this case to the European Court of Justice.

Bad bank would reduce debt mountain

Economists have welcomed the idea of creating a state-owned bad bank to help the banking system offload toxic loans to focus on supporting a battered economy post-pandemic.

Bank of Cyprus Financial Research director Ioannis Tirkides told the Financial Mirror, there is no better time to table such an idea as the Cypriot economy is going through a crisis which, inevitably, will create more unserviceable debt.

“The Cypriot economy was already going through a transitional period with banks trying to offload non-performing loans (NPLs) accumulated over the past year when it was struck by COVID.

“This combination will bring about a bigger impact than any other recession,” argued Tirkides.

He said acquiring bad debt is part of doing business, but circumstances created by the coronavirus pandemic do not allow banks to deal with it as they would in a normal transition.

He argued that getting rid of bad debt is an inevitable part of renewing the banking system in a time of crisis.

“Having a healthy banking system is the basis of having a healthy economy.”

Tirkides said the government needs to step in as bad debt is no longer manageable for banks.

“We launched into the new year with new restrictions and lockdowns, which will take their toll as businesses and households will struggle to pay off loans.

“Of course, Cyprus has a lot riding on tourism, hoping that arrivals will recover in 2021, but the truth of the matter is that it might take the industry up to eight years to fully recover,” argued Tirkides.

The economist said tourism sector businesses were the best in bringing down their NPL to debt ratio from 60% to just 10% in the past years.

“This may no longer be the case as, tourism stakeholders will find themselves in a tight spot, taking them some years to get out of”.

“So, the state is justified in stepping in and creating a bad bank with public money to save the banking system.”

He underlined that stepping in, does not mean rescuing all businesses and borrowers in trouble, it has to be a slow and organic process of restructuring the banking system, in line with EU guidelines.

What makes a good bad bank?

Tirkides said the government’s intention should be to bail out the system and the economy, not necessarily to make money.

“However, for such an endeavour to be successful, assets purchased by the bad bank have to be at a low price for it to be viable.

“It will have to introduce the right legal and governance framework, ensuring that the bank will perform, free from any interventions.”

University of Cyprus economics professor Sofronis Clerides told the Financial Mirror for a bad bank to succeed, good management and transparency are key.

“Such an institution will have to work with transparency and include the private sector to ensure that best practice is followed,” argued Clerides.

The UCY professor said economists are concerned over the framework of the bad bank.

Initial statements made by the Finance Minister hinted at the bad bank being part of the government’s social policies.

“Authorities will need to be very careful when designing the framework for the bad bank, making sure not to confuse its role with that of the state.

“Social and welfare policies are the job of the state. A bad bank should be there to manage toxic assets. The state has other tools such as the ESTIA scheme to carry out social policies.”

The economist said a good, bad bank requires a surplus of skill and infrastructure investment.

“The government’s proposed choice of KEDIPES, the Cyprus Asset Management Company, seems at the very least, to be logical in this context.

“KEDIPES has been involved in distressed asset management for some time, so some part of the requisite skill set has already been acquired.”

Clerides said the government should intervene to resolve the issue of the NPL burden on the banking system but will also need to ensure it does not transfer the risk to taxpayers.

“With transferring the toxic assets to a bad bank, the risk will be transferred to the investors, thus keeping deposits in banks safe from a future bail-in.

“However, if the investor is the state, then assets should be bought at a very low price, ensuring that the taxpayer’s money will not be wasted.”

Nationalize banks

Economist and MP for the Independent Movement, Anna Theologou told the Financial Mirror Cyprus would be better off if it nationalized the banks.

“We are trying to resolve an ageing problem since the 2013 crisis with no innovative ideas tabled.

“The idea of a bad bank was tabled back in 2013 but authorities pushed it aside. Why would you want to do it now?”

Theologou argued it would make more sense to nationalise banks with a large Non-Performing Exposure rather than bailing them out once more.

“A bad bank will be called to take on toxic assets worth billions. For a bad bank to be able to do this, the state would have to back the endeavour with guarantees worth more than the banks themselves.

“The two largest banks in Cyprus have a combined worth of €650 mln.”

She argued that nationalizing banks would be more profitable than bailing them out.

“The state has already backed KEDIPES with €8 bln while the entity has only been able to recover €650 mln through assets managed.”

Developers want more from residency scheme

Following the collapse of the Cyprus Citizenship for Investment Scheme, developers of large projects urge the government to make the residency programme “more functional and easily accessible”.

The Association of Large Investment Projects (ALIP) and the Land and Building Developers Association (LBDA) have sent a letter to the foreign and interior ministers with suggestions to make the permanent residency programme (PRP) more attractive to foreign investors.

The move comes after the government scrapped the discredited ‘golden passports’ scheme back in November that was essentially linked to luxury real estate purchases.

In their joint letter, the ALIP and the LBDA argue that scrapping the CIS program combined with the blow the economy has suffered from COVID-19, highlights the need to attract new investments.

Urging for an immediate review of existing programs and measures, the two business groups urged authorities to rethink the PRP.

They argue that Cyprus needs to update its foreign residency framework to be competitive with similar programs running in other EU countries.

Currently, the PRP grants permanent residence status to foreign nationals with the purchase of real estate property worth at least €300,000 while applicants must have €30,000 in a Cypriot bank.

Successful applicants will also have to visit the island to provide their biometric data to authorities.

Developers suggest that biometric stations could be set up at Cyprus embassies in third countries such as China, Vietnam, the UAE, Russia, the UK, so as to facilitate possible investors.

Applicants also have to provide proof of a secured annual income of €30,000 while additional income is required in case applicants have family dependents.

Property developers are asking for a spouse’s income to be taken into consideration and the requirement to have money in a Cypriot bank to be abolished.

Developers would also like to see investors given the opportunity to invest jointly in real estate without the need to be related to each other while approved applicants, related to the joint projects, would be allowed to reside and work in Cyprus.

Another suggestion is to give permanent residency cardholders the right to travel to EU member states and the UK for a few days without the need for a visa.

Schengen

They also called for Cyprus to expedite procedures for accession to the Schengen area, which would allow successful applicants to travel to countries covered by the agreement.

“The fact that Cyprus is outside Schengen is a substantial and significant disadvantage in relation to rival European countries.”

During a teleconference, the ALIP held with Foreign Affairs Minister Nikos Christodoulides last week, the minister told the association that Cyprus joining the Schengen Area is in the third phase of its evaluation.

Christodoulides argued that accession to the Schengen zone was a priority for the government and expressed optimism the Republic would not face any problems in its evaluation process.

Cyprus finally dropped the “golden passport” scheme in November after Al Jazeera aired a documentary showing reporters posing as fixers for a Chinese businessman seeking a Cypriot passport despite having a criminal record.

Parliament speaker Demetris Syllouris and AKEL MP Christakis Tziovanis were secretly filmed allegedly trying to facilitate a passport for the fugitive investor, they later resigned, although insisted their innocence of any wrongdoing.

Al Jazeera reported that dozens of those who applied were under criminal investigation, international sanctions or even serving prison sentences.

The passport scheme generated over €7 billion in issuing thousands of passports to investors mainly through property deals.

New property sales tax payable by the vendor

The House of Representatives on Thursday passed a law levying a 0.4 per cent tax on all sales of immovable property, the proceeds of which to go toward supporting Greek Cypriot refugees.

The legislative proposal, passed by a unanimous vote in the plenum, aims to compensate refugees for their inability to possess, have access to, or otherwise gainfully use their land in the north.

It provides for a tax on any sale/transfer of real estate, as well as on the transfer of shares in a company where that company owns immovable property or where the transfer of the shares results in the buyer taking control of the corporation or exploiting the immovable property in question.

The levy is payable by the seller of the property.

The funds raised will go into a fund managed by the Central Agency for the Equal Distribution of Burdens, the state agency tasked with assisting refugees of the 1974 war.

Speaking on the House floor, ruling Disy leader Averof Neophytou welcomed the consensus on the bill.

He called it a correct move, though one that would not solve refugees’ problems on its own. That objective, he added, can only be achieved through a settlement of the Cyprus issue.

The between €16 million and €20 million raised through the tax was at least something, Neophytou said.

Main opposition Akel said political parties had been forced to table legislation due to the government’s ‘indifference’ on the matter.

Akel had proposed a scalable tax rate depending on the value of the property being transferred, but their amendment did not muster the necessary support.

Diko MP Charalambos Pittokopitis noted that throughout the years the state has failed in its duty to adequately help refugees.

He also expressed surprise that the ruling party backed the bill, given that the government has indicated it is opposed to the new tax.

Edek leader Marinos Sizopoulos said that though the financial support to refugees is a positive, the political aspect is more significant.

After 2008 and the “wrong” decision – as he put it – of the European Court of Human Rights greenlighting the Immovable Property Commission (IPC) in the north, many refugees in dire straits took to the IPC to sell their homes for a fraction of the real value.

Given the government’s stated opposition to the bill, the president may refuse to sign off on the law and return it to the House.

NAMA Mia! Here We Go Again (reprised)

The Cyprus government is looking to establish a ‘bad bank’ or NAMA (National Asset Management Agency) by transforming the Cyprus Asset Management Company (KEPIDES).

A NAMA is not a new idea. It was one of the proposals put forward in the leaked 2012 Memorandum of Understanding between Cyprus and the Troika of international lenders (IMF, ECB and EU.)

The Troika proposed that a Cyprus Asset Management Company (CAMC) would ‘buy’ non-performing and non-core assets at their real (long term) economic value and its objective would be to maximize the recovery value of those assets over the medium term.

But the proposal wasn’t progressed at the time because the Cyprus government didn’t have the financial resources to set up a ‘bad bank’ or the funds needed to purchase non-performing assets.

Fast forward to April 2015 when Finance Minister Harris Georgiades said that he considered a bad bank “useful” but there are a number of unanswered questions on how it would be funded, adding that “right now there is private-sector funding, and perhaps the prospect of raising private cash to fund such a vehicle should be explored.”

Now, nearly six years later a NAMA is back on the table for discussion.

What is a NAMA?

A NAMA or bad bank is a bank set up to purchase bad loans from financial institutions with non-performing assets. By selling its bad assets, the financial institution clears its balance sheet of non-performing loans (toxic debts) and enables it to focus on its core business of lending. The bad bank focuses its attention on maximizing the return from the high-risk assets it has purchased.

The most notable bad bank in the EU is NAMA (National Asset Management Agency), which was set up by the Irish government 2009. Its aim was to address serious problems that hit the country’s banking sector as the result of excessive property lending. NAMA acquired land and development and loans with a nominal value of €74 billion and was funded by the government.

Whether Ireland’s NAMA has been a success is still up for debate. However, in July 2020 it delivered €2 billion to the Exchequer, which represented half its anticipated surplus of €4 billion. The expected balance of an additional €2 billion will be paid over the next two years. The total contribution of NAMA to the Exchequer over its lifetime, including taxes, is expected to be €4.4 billion.

The Government bonds which were used to establish NAMA have already been repaid.

Whether Cyprus’ NAMA gets off the ground depends on European Commission approval and whether funding can be found to buy the bad loans and other risky assets from the Cyprus financial institutions.

New home construction steadies

Despite a fall in the number of building permits authorised for building new homes in November 2020 compared to the same month in 2019, annual numbers are steady according to official figures.

During November 2020 a total of 686 building permits were authorised by the municipal authorities and the district administration offices. The total value of these permits reached €295.6 million and their total area 228.4 thousand square metres.

The 686 permits were authorised for:

  • Residential buildings – 485
  • Community residences – 3
  • Non-residential buildings – 86
  • Civil engineering projects – 51
  • Division of plots of land – 42
  • Road construction – 19

Building permits for new homes

The 485 residential building permits authorised provided for the construction of 831 new homes. These comprised 353 single homes; a fall of 1.7% compared to the 359 authorised in the same period last year – and 132 multiple housing units including apartments, semis, townhouses and other residential complexes; an fall of 0.8% compared to the 133 authorised in November 2019.

Of those 831 new homes, 321 are destined for Limassol, 315 for Nicosia, 87 for Larnaca, 67 for Famagusta and 41 for Paphos.

Building Permits Issued for the Construction of New Homes
(Number of Dwellings)

Month 2019 (Dwellings) 2020 (Dwellings) Increase/Decrease %age Change
January 548 696 148 27.0%
February 576 680 104 18.1%
March 615 524 -91 -14.8%
April 742 339 -403 -54.3%
May 907 956 49 5.4%
June 812 976 470 20.2%
July 1,028 1,141
113
11.0%
August
525
790
265
50.5%
September
1,114
704
-410
-36.8%
October
744
903
159
21.4%
November
909
831
-78
-8.6%
Totals 8,520 8,540 20 0.2%

Annual construction figures

A total of 6,375 building permits were authorised during the first eleven months of 2020; a fall of 3.0% compared to 6,571 authorised during the same period in 2019. Their total area fell by 23.0%, their total value fell by 8.8%, while the number of new homes fell by 0.2%.

New home construction

The 4,606 residential building permits authorised during the period January to November 2020 provided for the construction of 8,540 new homes; 3,035 in Limassol, 3,022 in Nicosia, 1,057 in Larnaca, 888 in Paphos and 538 in Famagusta.

While Famagusta, Nicosia and Larnaca have seen an increase in the number of new homes, numbers have fallen in Limassol (-12.4%) and Paphos (-11.6%).

According to the Cyprus Statistical Service, building permits constitute a leading indicator of future activity in the construction sector.