EBA欧洲银行-Additional-background-and-guidance-for-asking-questions_May-2018_7页_278kb

EU Q&A Process Summary

1. Rationale for the Q&A Process

The Q&A process in the EU is mandated by Article 1.5 (a) of Regulation 1093/2010, which requires the European Banking Authority (EBA) to ensure the consistent and effective application of European banking legislation. It is part of the Single Rulebook, which includes:

• European Commission Delegated or Implementing Acts
• EBA Regulatory Technical Standards (RTS)
• EBA Implementing Technical Standards (ITS) adopted by the European Commission
• EBA Guidelines

The process supports the evolution of supervisory practices and financial innovation, and contributes to the development of a "living" regulatory framework. Although Q&As are not legally binding, they are rigorously scrutinised by the EBA and national authorities. Peer pressure and market discipline also help ensure compliance with the answers.

2. Who Can Ask Questions?

Any individual or entity, including:

• National supervisory authorities
• Institutions subject to CRD, CRR, BRRD, DGSD, or PSD2
• Industry associations
• Individuals and other entities

It is encouraged to submit questions through a central function to avoid duplication and ensure thorough consideration.

3. Language Requirements

Questions can be submitted in any official EU language, though English is preferred to avoid delays from translation.

4. Scope of Questions

Questions must relate to the practical application or implementation of provisions in:

• CRD (Directive 2013/36/EU)
• CRR (Regulation (EU) No 575/2013)
• BRRD (Directive 2014/59/EU)
• DGSD (Directive 2014/49/EU)
• PSD2 (Directive (EU) 2015/2366)

They should not seek to reinterpret the Level 1 text (i.e., the main legislation). Questions with high impact on the single market and level playing field are prioritised.

5. Submission Guidelines

Key Requirements:

• Specific and practical questions are preferred; hypothetical questions should be avoided.
• Questions must clearly identify a provision from the listed legal acts or their associated technical standards and guidelines.
• The purpose is not to provide bespoke advice, but to clarify practical implementation.

Recommendations:

• Use the search function to check if the question has already been submitted.
• Questions that do not meet these requirements may be rejected.

6. Legal Act Field

You must enter the legal act to which the question refers, including precise legal references (e.g., articles, paragraphs, etc.). If the question is not related to any of the listed legal texts, it may be rejected.

7. Topic Field

Select a topic from the drop-down list. If the topic is not listed, choose the most closely related one or "other". For certain technical standards, the topic will be automatically populated.

8. Legal Reference Field

Enter the article number, paragraph number, and any subdivisions (e.g., subparagraphs, letters, bullets) from the legal act. Questions on recitals must be linked to a specific article.

9. Contact Fields

Provide the name of the institution or entity you represent. If submitting in personal capacity, enter your full name. You can choose to remain anonymous, but the EBA will still need a contact address for unclear questions.

10. COM Delegated or Implementing Acts / EBA RTS/GLs Field

If the question relates to a COM Delegated or Implementing Act, EBA RTS, ITS, or Guidelines, select the relevant act from the drop-down list and complete the Article field. If not applicable, select "Not applicable".

11. Subject Matter Field

Provide a short description of the question (within the box limit). This helps users understand the issue.

12. Question Field

Pose the question concisely, avoiding hypothetical scenarios. Include background information as needed, but keep it short and focused.

13. Background on the Question Field

Explain the context and relevance of the question, particularly how it relates to consistent or practical application of the regulations. This is essential for acceptance.

14. Proposed Answer Field

Provide your view on the answer and supporting arguments. This is a required field and aims to ensure submitters have considered the requirements before submitting. If the question is on behalf of an institution, this should be noted.

15. Viewing Questions

• Questions are not published until there is a final and agreed answer.
• Submitters receive a notification upon submission.
• Rejected questions are available on the EBA's website for 2 months before removal.
• Updates on question status are not provided.

16. Question Treatment

• Submitted questions undergo close analysis and review.
• The EBA may request further information or merge questions with similar ones for efficiency.
• A strict approach is applied to question acceptance or rejection.

17. Timeline for Answers

• The objective is to respond within 2–4 months.
• Delays may occur due to complexity or translation.
• Final answers are published every Friday (GMT), unless it falls on a public holiday.

18. Where to Find Answers

• Final answers are published on the EBA website.
• They are available in English and the language of the question (if applicable).
• Use the "Search for Q&A" tab to locate answers.

19. How to Search for Questions

• Use the "Search for Q&A" tab and narrow down using pre-defined or manual fields.
• Search by legal act, topic, article, or keywords.
• Use quotation marks for specific phrases (e.g., "capital requirements").
• Export results as PDF files, either all or selected, for review.