EBA欧洲银行-Additional-background-and-guidance-for-asking-questions-May-2018-FINAL..._7页_202kb

报告摘要

EU Q&A Process Summary

1. Core Rationale of the Q&A Process

The Q&A process in the EU is established under 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. The process supports 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 Q&A process also aims to address the evolution of supervisory practices and banking innovations, and it is aligned with Article 29(2) of Regulation 1093/2010, which encourages the development of convergence tools to promote common supervisory approaches.

The Q&A responses are not legally binding and are not subject to "comply or explain". However, they are subject to scrutiny by the EBA and national supervisory authorities due to their practical significance in maintaining a level-playing field. Peer pressure and market discipline also contribute to compliance with these Q&A responses.

2. Who Can Ask Questions?

Any individual, institution, or entity can submit a question, including:

National supervisory authorities
Institutions subject to CRD, CRR, BRRD, DGSD
Industry associations
Other stakeholders

It is encouraged for institutions and organizations to submit questions through a central function to avoid duplication and ensure thorough consideration. Questions from non-institutional stakeholders are prioritized lower unless they raise high-impact issues or are acting on behalf of institutions.

3. Language Requirements

Questions can be submitted in any official EU language, but English is preferred to avoid delays caused by translation.

4. Scope of Questions

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

CRD (2013/36/EU)
CRR (EU) No 575/2013
BRRD (2014/59/EU)
DGSD (2014/49/EU)

and associated:

Delegated or Implementing Acts
EBA Technical Standards
EBA Guidelines

Hypothetical questions (e.g., "What would happen if...") are discouraged. Questions should be clear, specific, and directly linked to a provision in the legal text.

5. Submission Fields Overview

Field	Description
Legal act	Must specify the relevant EU legal act (e.g., CRD, CRR)
Topic	Select from a predefined list or choose "other"
Legal reference	Indicate the exact article, paragraph, and subdivisions of the legal act
Subject matter	A short description of the question (max. box length)
Question	Concise and clear question, avoiding hypothetical scenarios
Background on the question	Provide necessary context and explain the relevance of the question
Proposed answer	Submit your own view and supporting arguments (not published)

6. Question Handling and Publication

Questions may be grouped or merged if similar in nature or priority to ensure a coherent and consistent answer.
Questions will only be published once a final and agreed answer is available.
Rejected questions are available on the EBA website for 2 months before removal.
Submitters are advised not to seek updates on their question status due to the complexity and volume of submissions.

7. Answer Publication Schedule

Final answers are published every Friday between 12pm and 1pm GMT (or BST if applicable), excluding EU public holidays. They are available in English and the language of the question if not English.