EBA欧洲银行-CP01_final1_6页_154kb

CEBS Consultation Practices Summary

Core Content

The Committee of European Banking Supervisors (CEBS) was established on 1 January 2004 by the EU Commission through Decision 2004/5/EC. Its primary objectives are to advise the Commission on banking regulation, promote the consistent application of EU directives, encourage the convergence of supervisory practices across the European Union, and enhance supervisory cooperation. CEBS emphasizes open and transparent consultation with a wide range of stakeholders, including market participants, consumers, end-users, and their representative associations.

Main Objectives of Consultation

• To benefit from the expertise of stakeholders in identifying, assessing, and analyzing regulatory issues and solutions.
• To promote understanding of CEBS's work and its role.
• To build consensus among interested and affected parties on appropriate regulatory practices.

Who is Consulted

CEBS consults with the following groups:

• Market participants (e.g., credit institutions, investment firms).
• Consumers and end-users.
• Representative associations of the above groups.

Consultation proposals, related documents, and key dates are made publicly available, especially through the Internet. Consultations occur at national, European, and international levels.

Areas of Consultation

CEBS consults on all of its work related to:

• Advising the Commission on draft implementing measures for European banking legislation.
• Providing guidelines, recommendations, standards, and general advice in the following areas:
  • Consistent application of Community directives.
  • Convergence of Member States' supervisory practices.
  • Enhancing supervisory cooperation.
  • Overall structure of information exchange arrangements.

Note: Ongoing supervisory practices and information exchanges are not subject to consultation due to confidentiality concerns.

Modes of Consultation

CEBS employs various consultation methods, including:

• Public submissions after receiving and publishing a mandate from the European Commission.
• Reasoned consultative proposals that cover all relevant aspects of the issues.
• Preliminary impact information included in proposals when available.
• Draft papers and initial questions released for feedback before formal consultation.
• Consultative groups of technical experts formed when necessary.
• Use of multiple channels such as the Internet, written consultations, public hearings, roundtables, and bilateral meetings with affected parties.

Timing of Consultation

CEBS follows standard timelines for consultation processes, which vary depending on the level of the issue:

Standard Timeline for Level 2 Issues (Advisory Work)

1. 4 months for drafting a consultation paper, with informal expert meetings recommended.
2. 3 months for public consultation.
3. 2 months for analyzing received comments.
4. 1 month for preparing a final opinion and submitting it to the Commission.

If the work involves a provisional mandate or a controversial matter, the timeline is adjusted as follows:

• 1 month for a second consultation document.
• 1 month for a second round of consultation.
• 3 months for preparing the final opinion and submitting it to the Commission.

Standard Timeline for Level 3 Issues (Guidelines and Recommendations)

1. Publication of the timeline for the level 3 issue.
2. Preparation of a consultation paper, with informal expert meetings.
3. 3 months for public consultation.
4. 2 months for analyzing received comments.
5. 1 month for preparing a feedback document and final opinion, and publishing them.

If the issue is controversial, the timeline is adjusted:

• 1 month for a second consultation document.
• 1 month for a second round of consultation.
• 3 months for analyzing comments and preparing the final document.

Follow-up to Consultations

CEBS ensures that:

• All responses are given due consideration.
• Publicly publishes all responses (unless the respondent requests otherwise).
• Provides a summary of responses and a reasoned explanation of the feedback.
• Conducts a second consultation if significant problems are identified or if proposals are substantially revised.
• Publishes all formal proposals and advice given to the Commission.

Amendments to Standard Consultation Procedures

CEBS generally follows the standard consultation procedure, but may make adjustments in the following cases:

• If the consultation period includes July/August or mid-December to mid-January, the timeline is extended by one month.
• If third parties set shorter timelines for CEBS's work.
• If there is no time constraint.
• If a provisional mandate is received and the work concerns technical advice, textual improvements, or specific market participants, or if the documents involve confidential information.

Final Provisions

• If CEBS cannot follow the stated consultation principles, it will publicly explain its reasons.
• The Committee will review this statement of consultation practices when necessary.