EBA欧洲银行-JC-2015-087-28Compliance-Table-GL-financial-conglomerates29_22122015_12页_384kb
报告摘要
Summary of Joint Guidelines Compliance
Core Content
The document outlines the Joint Guidelines on the convergence of supervisory practices related to the consistency of supervisory coordination arrangements for financial conglomerates, issued by the European Securities and Markets Authority (ESMA), European Banking Authority (EBA), and European Insurance and Occupational Pensions Authority (EIOPA). It details the status of compliance by various competent authorities across EU Member States, EEA countries, and European Territories.
Main Views and Key Information
Compliance Status Overview
| Competent Authority | Status of Compliance | Notes |
|---|---|---|
| Austria (FMA) | Yes | Complies with the guidelines through the Financial Conglomerates law. |
| Belgium (NBB) | Yes | Complies with the guidelines in supervisory practices, not through new legislation. |
| Bulgaria (FSC) | Yes | Complies with the guidelines through internal arrangements. |
| Cyprus (Bank of Cyprus, CNIC) | Intends to comply | Will comply once relevant legislation is completed. |
| Czech Republic (CNB) | Yes | Has published the guidelines and implemented them in practice. |
| Denmark (Finanstilsynet) | Yes | Complies with the guidelines from February 2015. |
| Estonia (Finantsinspektsoon) | Yes | Complies with the guidelines. |
| Finland (Finanssivalvonta) | Yes | Complies with the guidelines in supervisory practices. |
| France (ACPR, AMF) | Yes | Complies with the guidelines. |
| Germany (BaFin) | Yes | Applies the guidelines in conjunction with the Financial Conglomerates Act. |
| Hungary (MNB) | Intends to comply | Aims to comply once necessary legislative processes are completed. |
| Croatia (HANFA, NCB) | Yes | Complies with the guidelines through national legislation. |
| Ireland (Central Bank of Ireland) | Intends to comply | Aims to comply by the end of 2015. |
| Italy (Banca d'Italia, IVASS, CNVM) | Intends to comply | Complies with most guidelines, but not all, through existing legal framework. |
| Latvia (FCS) | Yes | Complies with the guidelines. |
| Lithuania (Lietuvos Bankas) | Yes | Complies with the guidelines. |
| Luxembourg (CSV, CMA) | Yes | Complies with the guidelines through internal arrangements. |
| Malta (MFA) | Intends to comply | Aims to comply once necessary legislative processes are completed. |
| Netherlands (DNB) | Intends to comply | Aims to comply once necessary legislative processes are completed. |
| Poland (KNF) | Yes | Complies with the guidelines through national legislation. |
| Portugal (Banco de Portugal, CMVM, ASF) | Intends to comply | Aims to comply once relevant financial conglomerates are identified. |
| Romania (BNR) | Intends to comply | Aims to comply when it becomes the coordinator of a financial conglomerate. |
| Slovakia (NBS) | Intends to comply | Aims to comply once internal procedures are finalized. |
| Sweden (FI) | Yes | Complies with the guidelines. |
| United Kingdom (PRA, FCA) | Yes | Complies with the guidelines through internal practices. |
| EEA States (Iceland, Liechtenstein, Norway) | Intends to comply | Aims to comply by the end of 2015 or when relevant institutions exist. |
Key Compliance Notes
- EU Member States: Most have either already implemented the guidelines through national legislation or are in the process of doing so.
- EEA Countries: These are not required to notify, but they intend to comply with the guidelines, often by the end of 2015 or upon identification of relevant financial conglomerates.
- European Territories: The UK Overseas Territories have confirmed compliance with the guidelines.
- Non-Compliance or Partial Compliance: Some countries (e.g., Ireland, Portugal, Romania, Slovakia) have not yet fully implemented the guidelines but are in the process of doing so.
Compliance Mechanisms
- National Legislation: Several competent authorities have implemented the guidelines through national laws, such as the Financial Conglomerates law in Austria and the Financial Conglomerates Act in Germany.
- Internal Practices: Some countries, like Belgium and Finland, have incorporated the guidelines into internal supervisory practices without formal legislation.
- Drafting and Updating Procedures: In countries such as Cyprus, Italy, and Portugal, the guidelines are being integrated into supervisory frameworks through ongoing updates and reviews.
- Coordination Arrangements: The guidelines emphasize the importance of coordinated supervision and supervisory colleges to ensure consistency in the oversight of financial conglomerates.
Implementation Timeline
- Many competent authorities have indicated that they intend to comply by the end of 2015, aligning with the Joint Committee's timeline.
- Some countries have already implemented the guidelines, such as Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Croatia, Luxembourg, Sweden, and the UK.
- The European Central Bank (ECB) and European Banking Authority (EBA) have also indicated an intention to comply by the end of 2015, with a focus on aligning internal methodologies and supervisory manuals.
Relevant Legal Documents
- Czech Republic: CNB published the guidelines on its website.
- Cyprus: The link to the national measures is provided.
- Portugal: Links to the Decree-Law and its amendments are included.
- Hungary: The Act LXXXIII of 2013 and Decree 41/2013 are mentioned.
- Iceland, Liechtenstein, Norway: The relevant national legislation is expected to be completed by the end of 2015.
This summary highlights the status of compliance, mechanisms of implementation, and relevant legal frameworks across different jurisdictions, emphasizing the coordination and consistency of supervisory practices for financial conglomerates.
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