EBA欧洲银行-BSG-response-to-Discussion-Paper-28EBA-DP-2014-03292012-March-2015_3页_338kb

EBA Banking Stakeholder Group Summary on EBA/DP/2014/03

Core Content

The EBA Banking Stakeholder Group (BSG) has provided feedback on the Discussion Paper EBA/DP/2014/03, which outlines draft requirements on passport notifications for credit intermediaries under the Mortgage Credit Directive (MCD). The BSG supports the initiative to harmonize supervisory rules and practices across the European Union (EU), aiming to create fair competition conditions and improve efficiency for cross-border banking groups. The paper seeks to establish a consistent approach to information exchange between the home and host Member States regarding credit intermediaries’ services, branch establishment, and changes in their operations.

Main Views

The BSG endorses the overall objective of the draft requirements, which is to ensure consistent and transparent information sharing between competent authorities. They believe that such harmonization will help avoid reporting duplications and enhance cooperation among European supervisors. However, the BSG raises a general caveat regarding the need for additional information to be included in the notification process.

Key Recommendations

• Notification of disciplinary records: The BSG proposes that the draft requirements should include information on any past disciplinary records of the credit intermediary, such as:

  • Complaints recorded and held
  • Former trading names
  • Past and current enforcement actions
  • Details of any pending actions or matters reported to the competent authority

• Joint ventures disclosure: They also suggest that proposed joint ventures within the Member State that are relevant to the credit intermediary’s activities should be disclosed in the notification form.

Key Information

• The BSG supports the harmonization of passporting requirements for mortgage credit intermediaries.
• They welcome the early consultation process with market participants and stakeholders.
• The Discussion Paper outlines two annexes:
  • Annex 1: Draft notification form for the freedom to provide services
  • Annex 2: Draft notification form for the freedom of establishment
• The BSG agrees with the content of both forms but emphasizes the need for additional information related to disciplinary history and joint ventures.

Conclusion

The BSG sees the draft requirements as a positive step toward improving transparency and efficiency in the supervision of credit intermediaries across the EU. While they agree with the general framework, they stress the importance of incorporating comprehensive and relevant details about an intermediary’s past conduct and business activities to ensure a robust and informed supervisory process. This feedback aims to support the EBA in refining the passporting requirements to better serve the interests of the market and regulatory authorities.