EBA欧洲银行-EBA-DC-105-adopting-IR-for-the-EBA-Financial-Regulation-Annex_49页_891kb

Summary of EBA DC 105/2014

Core Content

EBA DC 105/2014 outlines the implementing rules for the financial regulation of the European Banking Authority (EBA), covering various aspects of budget management, financial operations, and accountability. The document is structured into multiple titles and chapters, detailing the principles and procedures for financial governance within the EBA.

Main Titles and Key Provisions

TITLE I - General Provisions

• Article 1: These Rules serve as implementing guidelines for the Financial Regulation of the EBA.
• Article 2: Defines key terms, including:
  • "Financial Regulation" as the EBA regulation adopted in 2013.
  • "General Financial Regulation" as Regulation (EU, EURATOM) No 966/2012.
  • "European Banking Authority" (EBA) as the body referred to in Article 208 of the General Financial Regulation.
  • "Rules of Application" as Commission Delegated Regulation (EU) No 1268/2012.

TITLE II - Budgetary Principles

• Chapter 1 - Principles of Unity and Budget Accuracy:
  • Article 3: Interest on pre-financing is accounted for without prejudice to the general accounting rules for pre-financing.
• Chapter 2 - Principle of Annuity:
  • Article 4: Appropriations for the financial year include:
    • Appropriations provided in the budget (including amended budgets).
    • Appropriations carried over.
    • Appropriations provided after revenue is received but not yet used.
  • Article 5: Specifies conditions under which appropriations can be carried over, particularly for building projects. If not committed by 31 March or 31 December, they are automatically cancelled. The EBA must inform the Commission within one month of such cancellations.

Chapter 4 - Principle of Unit of Account

• Article 6: Conversion between the euro and other currencies is based on the daily euro exchange rate published in the Official Journal of the European Union (C series). If no rate is published, the accounting rate is used.
• Article 7: Defines the specific rates for conversion:
  • For payments by the authorising officer: the rate on the day the payment order is drawn up.
  • For imprest accounts: the rate on the payment date.
  • For regularisation of imprest accounts: the rate for the month of expenditure.
  • For flat-rate expenditure: the rate in force when the entitlement arises.

Chapter 5 - Principle of Universality

• Article 8: Assigned revenue must be reflected in the budget structure, with corresponding appropriations automatically available upon receipt.
• Article 9: The Director must estimate and explain financial charges associated with accepting donations to the EBA.

Chapter 6 - Principle of Specification

• Article 10: Percentages of transfers are calculated based on the budget appropriations, adjusted for prior transfers.

Chapter 7 - Principle of Sound Financial Management

• Article 11: Evaluations are required for proposals exceeding EUR 375,000, covering:
  • Legal basis.
  • Need for the action.
  • Business case and policy objectives.
  • Options and risks.
  • Expected results and impacts.
  • Implementation methods.
  • Internal coherence and resource allocation.
  • Lessons learned from past projects.
  • Monitoring and reporting arrangements.

Chapter 8 - Principle of Transparency

• Article 12: Information on the value and recipients of Union funds must be published, including:
  • Recipient name and location.
  • Amount awarded.
  • Nature and purpose of the measure.
• Exclusions:
  • Scholarships and direct support to natural persons.
  • Contracts below a specified threshold.
• Exceptions:
  • If publication risks individuals' rights or commercial interests, it may be waived.

Key Information

Budget Implementation

• Appropriations can be amended, carried over, or provided based on revenue received.
• The EBA must maintain accurate and transparent budget records, including detailed explanations and evaluations.

Financial Actors and Responsibilities

• Article 20: Financial actors must be provided with necessary resources and clear roles.
• Article 21: Authorising officers must maintain supporting documents with numbering, dating, and tracking systems.
• Article 22: Financial information must be transmitted to the accounting officer.
• Article 23: Reports on negotiated procedures must be submitted.
• Article 24: A code of professional standards is required for financial actors.
• Article 25: A consolidated annual activity report is mandatory.
• Article 26: Authorising officers by delegation must act in accordance with instructions.
• Article 27: Bodies responsible for fraud prevention must be identified.

Liability and Conflict of Interest

• Article 44: Instructions must be confirmed to avoid liability.
• Article 45: Financial irregularities must be reported.
• Article 46: A Financial Irregularities Panel is established to handle such matters.

Revenue and Expenditure Operations

• Article 47–57: Covers the estimation, establishment, and recovery of amounts receivable, including default interest and procedures for cancellation and waiver.
• Article 58–73: Details expenditure operations, including financing decisions, payment procedures, and time limits.

IT Systems and Internal Audits

• Article 74–75: IT systems must be described and periodically saved.
• Article 76–78: Internal auditors must be independent and report to the European Court of Auditors.

Accounting and Property Management

• Article 81–106: Defines accounting procedures, including the preparation of financial statements, accounting ledgers, and property inventories.
• Requires detailed entries, reconciliations, and safeguarding of assets.

Transitional and Final Provisions

• Article 107: These Rules repeal the previous regulation (Article 115 FR).
• Article 108: The Rules enter into force on 1 January 2015.

Conclusion

EBA DC 105/2014 provides a comprehensive framework for the financial governance of the European Banking Authority. It outlines principles such as unity, accuracy, universality, specification, and sound financial management, while also detailing the responsibilities of financial actors, procedures for revenue and expenditure, and requirements for transparency and accountability. The document ensures that the EBA operates within legal and financial guidelines, maintaining efficiency, integrity, and clarity in its financial processes.