EBA欧洲银行-EBA-RTS-2013-10-28RTS-for-information-exchange-between-home-and-host29_23页_661kb

EBA Final Draft Regulatory Technical Standards Summary

Core Content

The EBA Final Draft Regulatory Technical Standards (RTS) on collaboration concerning supervision between the competent authorities of home and host Member States specify the information that must be exchanged between these authorities under Article 50(6) of Directive 2013/36/EU (CRD). These standards aim to improve supervisory cooperation and information sharing to ensure the safeness and soundness of cross-border banking operations, protect depositors and investors, and safeguard financial stability.

Main Views

• Two-way information exchange is required between home and host Member States to ensure effective supervision of institutions operating through branches or via freedom to provide services.
• The information exchange is not limited to the categories specified in Article 50, but includes supplementary categories deemed essential for supervision.
• The standards are based on the common reporting technical standards and are designed to ensure supervisory consistency and avoid additional requests for information from supervised institutions.
• The RTS are supplemented by draft Implementing Technical Standards (ITS), which provide standard forms, templates, and procedures for information exchange.
• The RTS are subject to transitional arrangements in Title XI, Chapter 1 of the CRD, which govern the implementation of new rules.
• The EBA Regulation mandates that RTS must be adopted by regulations or decisions, ensuring legal binding and direct applicability across all Member States.

Key Information

1. Information Exchange Categories

• Management and Ownership: Home authorities must provide the current organisational structure, including business lines and group relationships, and details of the management body and senior management, as well as shareholder lists.
• Liquidity and Supervisory Findings: Includes material deficiencies in liquidity risk management, liquidity risk profiles, liquidity ratios, liquidity buffer components, and liquidity requirements.
• Solvency: Covers compliance with own funds requirements, capital buffer requirements, and various specific buffers (capital conservation, countercyclical, systemic risk, G-SII, O-SII).
• Deposit Guarantee Schemes: Information on the scheme name, coverage limits, scope, funding arrangements, and contact details must be shared.
• Limitation of Large Exposures: Details of any non-compliance with large exposure limits and related supervisory actions.
• Systemic Risk: Notification of institutions designated as G-SII or O-SII, including sub-category allocation.
• Administrative and Accounting Procedures: Any non-compliance with accounting standards and procedures, along with supervisory measures.
• Internal Control Mechanisms: Inadequacies in internal control, risk management, and audit arrangements, with supervisory measures.
• Leverage: Situations of non-compliance with leverage ratio requirements, including the institution’s leverage ratio and risk management practices.
• General Non-Compliance: Situations where institutions fail to comply with any national or Union laws or regulations, excluding those covered in previous articles.
• Supervisory Measures and Sanctions: Penalties or measures affecting branch operations, including administrative, supervisory, and criminal actions.
• Emergency Preparedness: Information on how institutions prepare for emergency situations, including their contingency plans and risk management strategies.

2. Additional Information Categories Proposed by the EBA

• Leverage
• General non-compliance
• Communication of supervisory measures and sanctions
• Preparation for emergency situations

3. Scope and Application

• The standards apply to institutions operating through branches or via freedom to provide services in one or more Member States other than their home state.
• If an institution’s ultimate parent undertaking is in the same Member State as the head office and the home authority is the consolidating supervisor, information can be provided at the consolidated level.
• Proportionality is considered in the information exchange, with more detailed information shared with host states that supervise significant branches.

4. Legal Basis and Binding Nature

• The RTS are based on the EBA's draft and are binding across all Member States once adopted.
• They are directly applicable and do not require transposition into national law, as per EU regulations.
• The EBA Regulation (Article 10) requires that RTS be adopted through regulations or decisions.

5. Public Consultation and Feedback

• The EBA conducted public consultations on both the RTS and ITS.
• No comments were received from the public consultation.
• The Banking Stakeholder Group was consulted, and their opinion was considered.

Conclusion

The EBA Final Draft RTS establish a comprehensive framework for information exchange between home and host Member States to enhance cross-border supervision and ensure financial stability. By specifying mandatory information categories and procedures, the RTS aim to standardise supervision practices and prevent divergent national approaches. These standards are intended to be adopted as EU regulations, ensuring uniform application across the EU.