EBA欧洲银行-EBA-BS-2014-126v128Final-Minutes-BoS-Telcon-17-February2920For-publication_4页_200kb

EBA Board of Supervisors Teleconference Summary – EBA BS 2014 126v1

Core Content

The EBA Board of Supervisors held a teleconference on 17 February 2014, focusing on the new draft EBA Rules of Procedure (RoP) for the settlement of disagreements between competent authorities. The meeting was convened in response to requests from three BoS Members, which led to the suspension of the previous written procedure. The primary objective was to discuss and clarify the role of the EBA Chairperson and the Panel during the conciliation and decision phases of the procedure.

Main Issues and Discussions

1. Role of the EBA Chairperson in the Conciliation Phase

• The EBA Chairperson outlined the distinction between the conciliation phase and the decision phase under Article 19(2) and 19(3) of the EBA Regulation.
• It was suggested that the conciliation phase should be managed by the EBA Chairperson, as it is more procedural and less contentious.
• The Panel should only be involved in the decision phase, as it is more complex and requires a formal decision-making process.

2. Clarification of Articles 4.1 and 4.2

• One BoS Member proposed clarifying the specific role of the EBA Chairperson during the conciliation phase.
• This suggestion was supported by several BoS Members as a pragmatic approach to ensure clarity and efficiency.

3. Role of the Panel in Admissibility Decisions

• A BoS Member suggested retaining a role for the Panel in determining whether the L1 legislation conditions are met to initiate the procedure.
• This would ensure that the Panel's expertise is utilized in assessing the admissibility of the procedure.

4. Non-Binding Mediation

• A BoS Member inquired about the inclusion of non-binding mediation under Article 31 of the EBA Regulation.
• The EBA Chairperson confirmed that the new draft RoP does not include provisions for non-binding mediation, and such procedures would be addressed in a separate BoS decision.

5. Extensive Involvement of the Panel in Conciliation

• Another BoS Member questioned whether the Panel should be more extensively involved in the conciliation phase.
• The Commission representative clarified that the EBA Regulation does not assign a specific role to the Panel during the conciliation phase.

6. Checks and Balances for EBA-Initiated Procedures

• A BoS Member raised concerns about the EBA's role in initiating procedures and suggested introducing checks and balances in the new draft RoP.
• The EBA Chairperson indicated that this would be addressed in the amended draft.

7. Panel Member Selection

• A non-voting member questioned the restriction on selecting Panel Members only from voting members.
• The EBA Chairperson referred to Recital (15) of Regulation (EU) No 1022/2013, explaining the rationale behind this provision.

Conclusion and Next Steps

• The EBA Chairperson summarized the key points and announced that Article 4 of the draft RoP would be slightly amended.
• The amendments include:
  • A clear role for the EBA Chairperson during the conciliation phase.
  • Introduction of checks and balances for EBA-initiated procedures.
  • A possibility to inform the Panel during the conciliation phase, with the consent of the involved parties.
• The amended draft will be circulated to the BoS Members for a vote via a written procedure.
• The deadline for voting will be shortened due to the limited number of amendments.

Participants

Voting Members and Alternates

• Austria: Michael Hysek
• Belgium: Jo Swyngedouw
• Bulgaria: Nelly Kordovska
• Czech Republic: David Rozumek
• Denmark: Thomas Jorgensen
• Estonia: Andres Kurgpold
• Finland: Anneli Tuominen
• Germany: Peter Lutz (Represented by Thomas Volk)
• Greece: Kyriaki Flesiopoulou
• Ireland: Mary Burke
• Italy: Luigi Federico Signorini
• Luxembourg: Claude Simon (Represented by Norbert Goffinet)
• Malta: Andre Camilleri (Represented by Alexander Demarco)
• Netherlands: Michel Heijdra
• Poland: Izabella Szaniawska
• Portugal: Pedro Duarte Neves
• Slovakia: Tatiana Dubinova
• Spain: Fernando Vargas Bahamonde
• Sweden: Uldis Cerps
• UK: Lisa Robinson

Non-Voting Members

• Iceland
• Liechtenstein
• Norway

Representatives from Institutions

• European Central Bank: Ignazio Angeloni
• European Commission: Dominique Thienpont
• EIOPA: Catherine Coucke
• ESMA: Not specified
• ESRB: Not specified

EBA Staff

• Executive Director
• Director of Oversight
• Adam Farkas
• Piers Haben
• Slavka Eley, Jonathan Overett Somnier, Stefan Nebesky

Key Information

• The teleconference was held on 17 February 2014 from 9:30 to 10:10 GMT.
• The EBA Chairperson was Andrea Enria.
• The main topic was the new draft EBA Rules of Procedure for resolving disagreements between competent authorities.
• The amended draft will be voted on via a written procedure.
• The procedure includes conciliation and decision phases, with the Panel only involved in the decision phase.
• The role of the Panel in admissibility decisions and the selection of Panel members were discussed and clarified.
• The EBA Staff played an active role in facilitating the discussion and preparing the draft.