EBA欧洲银行-EBA-BS-2012-107Proposed-Methodology-for-EBA-Review-Panel-_16页_471kb

EBA Review Panel Methodology for Peer Reviews Summary

I. General Provisions

The EBA Review Panel methodology outlines the procedures for conducting peer reviews of competent authorities, focusing on the effectiveness and convergence of supervisory activities and the implementation of Union law. Key points include:

• Purpose: To enhance consistency in supervisory outcomes and identify best practices.
• Scope: Reviews include assessment of regulatory and implementing technical standards, enforcement practices, and market responsiveness.
• Avoid Duplication: The methodology aims to complement, not duplicate, other EBA or EU body evaluations.
• Legal Basis: Conducted under Article 30 of Regulation (EU) No 1093/2010 and the Decision Establishing the Review Panel.
• Confidentiality: The Review Panel defines confidential information and ensures all participants adhere to professional secrecy.
• Consensus: The Review Panel strives to work by consensus, with the majority view presented for approval, and minority views may also be included.
• Revisions: The methodology is subject to revision upon proposal by the Review Panel and approval by the Board of Supervisors.

II. Steps in a Peer Review

A peer review exercise is divided into four main phases:

1. Preparatory Phase

   • Selection of topic and drafting of terms of reference.
   • Development and approval of self-assessment questionnaires.
   • Decision on confidentiality and task distribution.

2. Self-Assessment Phase

   • Competent authorities complete the questionnaire.
   • EBA staff and the Review Panel perform a formal consistency check.
   • Clarifications and updates may be requested from competent authorities.

3. Review by Peers Phase

   • Independent assessment of self-assessments and supporting evidence.
   • The Review Panel may seek clarifications from EBA Working Groups or competent authorities.
   • A final report is prepared and submitted for approval by the Board of Supervisors.

4. Follow-Up Phase

   • The Review Panel may propose guidelines or recommendations.
   • Competent authorities may be required to submit progress reports.
   • A summary of progress reports is presented to the Board of Supervisors.

III. Use of Existing Information

• Existing evaluations and information about competent authorities are considered in the peer review process.
• The Review Panel determines the use of such information on a case-by-case basis, taking into account the source, scope, and relevance of the information.

IV. Assessment Criteria and Benchmarks

• Assessment Criteria: Define the essential elements and intended outcomes of the supervisory provision or practice.
• Benchmarks: Derived from assessment criteria, used to evaluate the degree of compliance and effectiveness.
• Grade-Scales:
  • Fully Applied
  • Largely Applied
  • Partially Applied
  • Not Applied
  • Not Applicable
  • Non-Contributing
• Custom Benchmarks: May be created for specific peer review exercises.
• Weighted Averages: Used for overall benchmarks, with different areas weighted as necessary.
• Qualitative Outputs: Include conclusions from open-ended questions and explanations.

V. Self-Assessment Guidance and Procedure

• Comply or Explain Approach: All questions must be answered, even if the provision is not applied.
• Non-Contributing Authorities: Those not responding within the deadline may be classified as such.
• Confidentiality Handling: EBA staff prepares a document outlining confidential information and may exclude it from publication if deemed necessary.
• Workshops: May be organised to provide guidance on completing the questionnaire.
• National Measures: Broadly interpreted and may include laws, guidelines, and internal procedures.

VI. Publication

• Non-Restricted Area: Main outcomes and best practices are published here.
• Restricted Area: Final reports and other documents are available upon approval by the Board of Supervisors.
• Confidentiality Exceptions: The Board may decide on selective publication for confidentiality reasons.

VII. Follow-Up to Peer Review

• The Review Panel may issue guidelines or recommendations.
• Competent authorities may be required to submit progress reports.
• The Review Panel presents a summary of progress to the Board of Supervisors.

VIII. Best Practice

• Best practices are identified to support compliance and convergence.
• They are non-binding and do not disqualify other suitable approaches.
• The Review Panel consults EBA Working Groups and considers expert opinions when identifying best practices.