EBA欧洲银行-ESAs-review-Joint-BSG-IRSG-OPSG-and-SMSG-letter-to-EC_3页_663kb

报告摘要

EC Consultation on the Operation of the ESAs: Joint Statement by Stakeholder Groups

Core Content

The European Supervisory Authorities (ESAs) — EBA, ESMA, EIOPA, and the European Insurance and Occupational Pensions Authority (EIOPA) — are supported by four stakeholder groups (SGs): Banking Stakeholder Group (BSG), Insurance and Pensions Stakeholder Group (IRSG), Occupational Pensions Stakeholder Group (OPSG), and Securities Market Stakeholder Group (SMSG). These SGs have collectively responded to the European Commission’s consultation on the operation of the ESAs, highlighting key areas for improvement and collaboration.

Main Views and Key Points

1. Strengthening the Role of Stakeholder Groups

The SGs contribute significantly to the ESAs through consultations, own-initiative work, and direct engagement with ESA staff.
Their proactive approach enhances the value added to ESA activities.
To improve effectiveness, the SGs recommend:
- More systematic feedback on all SG positions, including own-initiative work.
- A clearer link with the Board of Supervisors (BoS), such as having SG Chairs/Vice Chairs present input before BoS decisions are made.
- Regular meetings between SG Chairs/Vice Chairs and ESA management.
- Ensuring balanced representation of stakeholders within each SG, as outlined in Article 37 of the ESAs Regulations.

2. Enhancing Cooperation Between SGs and Funding Bodies

The ESAs have distinct remits and have evolved differently over time, with some, like EBA, being significantly affected by the Single Supervisory Mechanism.
It is anticipated that future developments, such as the Capital Markets Union, may lead to new roles for the ESAs.
The SGs suggest:
- A framework for enhanced cooperation and joint high-level work, especially within the Joint Committee of the ESAs.
- Additional financial resources to support SG activities, enabling more frequent and meaningful interaction throughout the year, including at the Working Group level.

3. Clarifications on Convergence Tools

The ESAs use convergence tools to promote consistency in the application of EU financial regulations.
These tools help in interpreting Level 1 and Level 2 texts and achieving regulatory convergence.
However, the SGs note that:
- Clarifications on the use of convergence tools are necessary to ensure a coherent and consistent application across the EU.
- The role of the ESAs in relation to Level 1, 2, and 3 legislation should be clearly defined.
- More transparency is required in the process of advising on Level 2 legislation and in the development of Level 3 texts.
- There are differences in the preferred convergence tools among ESAs:
  - EBA prefers Q&As, best practices, and opinions.
  - EIOPA prefers guidelines.
- The legal basis and implications of these instruments are not well defined, leading to potential misinterpretation by National Competent Authorities (NCAs).
- The SGs recommend increased scrutiny of these instruments and that no draft or preparatory Level 3 measures should be issued before Level 2 legislation is finalised.

Conclusion

The SGs are committed to working constructively with the ESAs to enhance the relevance and usefulness of their advice. They aim to improve the efficiency of the ESAs and support greater cooperation between the SGs and the ESAs, particularly in the context of regulatory convergence and the development of new financial frameworks. Their recommendations focus on strengthening the role of the SGs, ensuring adequate support and resources, and clarifying the use of convergence tools to promote a more coherent and accountable European financial supervisory system.