EBA欧洲银行-Public-hearing_RTS-on-content-of-recovery-plans_2013-04-30-Final_19页_278kb

EBA Draft RTS on the Content of Recovery Plans Summary

Core Content

The European Banking Authority (EBA) is tasked with developing regulatory technical standards (RTS) and guidelines to ensure consistency and effectiveness in the recovery and resolution planning of financial institutions across the European Union. The document outlines the EBA's regulatory process, its role in recovery and resolution, and the expected regulatory outputs stemming from the Recovery and Resolution Directive (RRD). It also provides an overview of the draft RTS on the content of recovery plans, which is a key component of the EBA's rulemaking responsibilities.

Regulatory Process

Single Rulebook and Harmonisation

• The EBA is responsible for ensuring maximum harmonisation of regulations across the EU while maintaining proportionality based on the nature of financial institutions.
• The EU Commission issues sectoral Directives, and the EBA develops binding technical standards (BTS), which are directly applicable in all Member States.

Types of Regulatory Products

• Binding Technical Standards (BTS): Includes Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS). RTS can supplement Level 1 legislation, while ITS ensure uniform application.
• Guidelines and Recommendations: Non-binding but expected to be followed, with the 'comply or explain' rule requiring competent authorities to justify non-compliance.

Development Process of Draft BTS

1. A workstream develops the draft BTS with the support of EBA staff.
2. A cost-benefit and impact assessment is conducted.
3. The draft is adopted by the EBA Board of Supervisors.
4. Public consultation (usually 3 months) is carried out.
5. The EBA submits the draft to the Commission, which then adopts and publishes it in the Official Journal.

EBA's Role in Recovery and Resolution

• The EBA is mandated to develop regulatory products, facilitate coordination, and identify best practices for recovery and resolution.
• The RRD gives the EBA a rulemaking role, requiring it to develop around 24 regulatory products.
• It also plays a mediation role between national authorities for cross-border groups and coordinates with third countries in resolution proceedings.

Expected Regulatory Outputs from RRD

The EBA has established or plans to establish the following workstreams:

• Recovery planning and assessment
• Resolution planning and assessment
• Early intervention measures
• Intra-group financial support
• Resolution tools and procedures
• Valuation issues
• Bail-in
• Functioning of Resolution Colleges
• Deposit Guarantee Schemes

EBA Workstream on Recovery Plans

EBA Discussion Paper (May 2012)

• Introduced a European common template for recovery plans.
• Based on the FSB 'Key Attributes'.

EBA Recommendation (January 2013)

• Recommended that 39 major EU cross-border banks develop group recovery plans by the end of 2013.
• Aimed to spur development, ensure consistency, and facilitate information sharing within supervisory colleges.
• The EBA template is aligned with the FSB framework and should be considered alongside outputs from Crisis Management Groups (CMGs).

Draft RTS on the Content of Recovery Plans

Main Areas of a Recovery Plan

1. Summary of key elements
2. Governance
3. Strategic analysis
4. Communication and disclosure plan
5. Preparatory measures

3.1 Summary of the Key Elements

• Must include: governance, strategic analysis, communication and disclosure plan, preparatory measures, and any material changes since the last version.

3.2 Governance

• Information on how the recovery plan was developed.
• Policies and procedures for approval.
• Conditions and procedures for timely implementation.
• Use of Management Information Systems.

3.3 Strategic Analysis

• Identifies core business lines, critical functions, internal and external interconnectedness, and recovery options.

3.4 Communication and Disclosure Plan

• Covers internal and external communication.
• Includes analysis of communication and disclosure for each recovery option.

3.5 Preparatory Measures

• Analysis of measures to facilitate timely asset sales or improve the effectiveness of the recovery plan.

Q&A Session

The document includes a section for questions and answers, which is typically used to address concerns and provide clarification during the regulatory process.

Contact Information

• European Banking Authority
• Address: Floor 18 | Tower 42 | 25 Old Broad Street, London EC2N 1HQ, United Kingdom
• Tel: +44 (0)20 7933 9900
• Fax: +44 (0)20 7382 1771
• Email: info@eba.europa.eu
• Website: www.eba.europa.eu