EBA欧洲银行-EBA-DC-103-28Independence-and-Decision-Making-Processes-for-Avoiding-Conflicts-of-Interests-28CoI-Policy2920for-Non-Staff29_14页_346kb

EBA Conflict of Interest Policy for Non-Staff Summary

Core Content

The European Banking Authority (EBA) issued Decision DC 103 on 29 September 2014, outlining the Conflict of Interest Policy for Non-Staff. This policy establishes rules for declaring and managing potential conflicts of interest for individuals involved in the EBA's decision-making processes, including Voting Members of the Board of Supervisors (BoS), Members of the Management Board (MB), their Alternates, Observers, and Non-voting Members.

The policy aims to ensure independence, transparency, and professional integrity in the EBA's operations, while safeguarding public confidence and preventing any undue influence on its activities.

Main Objectives

• To ensure that all individuals involved in EBA activities maintain independence and act in the public interest.
• To establish a system for identifying, handling, and mitigating potential conflicts of interest.
• To promote transparency and accountability through clear procedures for declarations and evaluations.

Key Points of the Policy

1. Scope and Definitions

• The policy applies to:

  • Voting Members of the BoS, MB Members, and their officially nominated Alternates.
  • Observers and Non-voting Members, including representatives from the European Commission, ESRB, ESMA, EIOPA, and ECB.

• It does not apply to EBA Staff, including the Chair and Executive Director.

• Definitions:

  • Interest: Any economic stake, membership, employment, or intellectual property rights that may conflict with the EBA’s objectives.
  • Conflict of Interest (Col): A situation where a person's private or close family interests could improperly influence their official duties.
  • Forum: Any participation in EBA meetings or written procedures.
  • Financial Institutions under EBA scope: Defined in Article 4(1) of Regulation (EU) No 1093/2010.

2. Types of Declarations

• Declaration of Intention (Annex I): Required upon appointment, confirming awareness of the policy and obligations.
• Annual Declaration of Interest (ADol; Annex II): Must be submitted every year, detailing any actual or potential Col from the past two years.
• Declaration of Prospective Employment: Required for those leaving the EBA Boards to report employment within two years.

3. Declaration Requirements

• Annual Declaration (ADol):

  • Must cover interests from the past two years.
  • Includes details on the organization, subject matter, and nature of the interest.
  • Must be submitted to the EBA's Ethics Officer and published on the EBA website.

• Ad-hoc Declaration:

  • Required when a new Col arises not covered in previous ADol.
  • Must be reported immediately and recorded by the Ethics Officer, possibly in meeting minutes.

• Prospective Employment Declaration:

  • Must be submitted in writing to the EBA Chair within two years of leaving the Boards.
  • Not required for Alternates.

4. Screening and Evaluation Process

• The Ethics Officer is responsible for screening all declarations.
• Screening criteria include:
  • Compatibility of the declared interest with EBA activities.
  • Context of ad-hoc declarations, including meeting agenda and role.
• The Chair is responsible for making decisions on the outcome of the screening, including preventive measures.
• The Management Board may be involved in decision-making if deemed appropriate.

5. Handling of Omissions and Breaches

• If the EBA identifies incomplete or omitted information, the Ethics Officer will seek clarification and request updates.
• In case of breach of the policy, the Ethics Officer informs the Chair, who reviews the impact on EBA decisions and takes appropriate action.

6. Transparency and Data Protection

• All declarations are published on the EBA website.
• Personal data in the declarations is processed in accordance with Regulation (EC) No 45/2001.
• Data subjects have the right to access and update their declarations.
• The EBA ensures data protection by allowing recourse to the Data Protection Officer and the European Data Protection Supervisor.

Compliance and Accountability

• All individuals subject to the policy are responsible for the accuracy and completeness of their declarations.
• The Chair and Management Board have the authority to take preventive actions and ensure compliance.
• There is a four-month transition period from the date of approval for the policy to enter into force.

Conclusion

The EBA Conflict of Interest Policy for Non-Staff is a comprehensive framework designed to uphold the independence and integrity of the EBA’s decision-making processes. It mandates regular declarations, transparency in the handling of potential conflicts, and clear procedures for screening and evaluation. The policy also emphasizes the importance of data protection and personal accountability in maintaining public trust and effective supervision within the European financial system.