EBA欧洲银行-BSG-Rules-of-Procedure_8页_195kb

Summary of the Rules of Procedure of the Banking Stakeholder Group

Core Content

The Rules of Procedure of the Banking Stakeholder Group (BSG), adopted by the European Banking Authority (EBA) on 26 October 2015, outline the operational framework for the BSG. The BSG is established under Regulation (EU) No 1093/2010 to facilitate consultation with stakeholders on the EBA's tasks, particularly in the areas of regulatory technical standards, guidelines, and market assessments.

Main Functions and Responsibilities

• Consultation Role: The BSG is consulted on actions related to regulatory technical standards (Articles 10–15), implementing technical standards, and guidelines and recommendations (Article 16). It may also submit opinions and advice on other relevant issues.
• Investigation Requests: The BSG can request the EBA to investigate alleged breaches of Union law (Article 17).
• Working Language: English is the working language of the BSG (Article 9).
• Technical Working Groups: The BSG may establish Technical Working Groups to address specific issues, which are dissolved upon completion of their tasks (Article 10).
• Transparency and Reporting: The EBA must publish the BSG's activities, including opinions, in its Annual Report and on its website (Article 14). The BSG may also publish its own activity reports.

Membership and Terms

• Appointment: Members are appointed by the EBA's Board of Supervisors (Article 1).
• Term: Members serve for a period of 2.5 years and may not serve more than two successive terms (Article 1).
• Vacancy: If a member leaves before the end of their term, a replacement is selected from the list of previous applicants. If no suitable candidate is available, a new call for expression of interest may be issued (Article 1).
• Conflict of Interest: Members must declare conflicts of interest at the start of each meeting and abstain from voting or discussing affected agenda items (Article 12).

Meeting Procedures

• Convening: The EBA convokes the meetings, and the BSG may meet on its own initiative at least four times a year (Article 3).
• Quorum: A quorum of two-thirds of members is required for meetings; if not met, an extraordinary meeting may be called (Article 17).
• Location: Meetings are generally held at the EBA's premises, but one annual meeting may be held elsewhere with EBA approval (Article 3).
• Agenda: The EBA prepares the agenda, which is adopted by the BSG at the start of each meeting. Members may suggest agenda items (Article 4).
• Secretarial Support: The EBA provides secretarial support, including meeting facilities, agendas, background materials, and minutes. It also arranges travel expense reimbursements (Article 5).

Decision-Making and Opinions

• Consensus: Decisions, opinions, or reports are preferably adopted by consensus (Article 7).
• Voting: If consensus is not reached, a simple majority of members present is required for adoption.
• Written Procedure: In urgent cases, opinions may be submitted via written procedure. However, if a majority requests a meeting, the written procedure is suspended (Article 8).
• Minority Opinions: In cases of dissent, minority opinions must be included in the submitted opinion (Article 7).

Confidentiality and Data Protection

• Professional Secrecy: Members must respect confidentiality and professional secrecy rules, including those on classified information (Article 16, Article 17).
• Data Protection: Personal data processing is governed by Regulation (EC) No 45/2001 (Article 18).

Compliance and Reimbursement

• Reimbursement: Members are reimbursed in accordance with Decision EBA DC 116 (Article 19).
• Access to Documents: The EBA controls access to BSG documents, which are subject to the same rules as the Authority's documents (Article 16).
• Amendments: The BSG may propose amendments to its Rules of Procedure to reflect changes in the EBA's roles, tasks, or structure (Article 21).

Collaboration and Transparency

• Collaboration: The BSG is encouraged to collaborate with other user groups in the financial services sector (Article 20).
• Public Access: The EBA must make public the names of BSG members, their CVs (with consent), and all opinions and consultations (Article 14).

Conclusion

The Rules of Procedure ensure a structured, transparent, and effective mechanism for stakeholder consultation within the EBA. They define the composition, responsibilities, meeting procedures, decision-making processes, and confidentiality obligations of the BSG, while also outlining the support provided by the EBA and the potential for collaboration with other entities. The BSG plays a crucial role in shaping regulatory and supervisory activities within the European Union's financial services sector.