EBA欧洲银行-20080130ECONworkshop_7页_263kb

报告摘要

Lamfalussy Architecture Assessment Summary

Core Content

The document presents an assessment of the Lamfalussy architecture, which refers to the framework for European banking supervision. It outlines the current state of regulatory and supervisory practices under the Committee of European Banking Supervisors (CEBS), identifies key challenges, and proposes a way forward to enhance the effectiveness and consistency of the supervisory system across the European Union.

What CEBS Already Has in Place

Regulatory Field

Extensive consultation process and impact assessments: CEBS engages in thorough discussions to ensure that regulatory changes are well-considered.
Common guidelines, standards, and recommendations: There is a shared set of supervisory norms and practices across EU member states.
Regulatory transparency through supervisory disclosure: Supervisory information is made publicly available to promote clarity and accountability.
Query systems for common EU answers to operational questions: A centralized system exists to provide uniform responses to supervisory queries.

Supervisory Practices

Functioning of colleges: Supervisory colleges operate effectively to oversee institutions.
Operational networking mechanisms: There are established channels for communication and coordination between supervisors.
Mediation, peer review, and comply or explain: These mechanisms help resolve conflicts and ensure alignment with CEBS guidelines.
Delegation of tasks: Supervisory responsibilities are appropriately delegated to ensure efficiency.
Common training and staff exchanges: Training programs and exchanges promote a shared understanding and expertise among supervisors.

Pressure Points

Several challenges hinder the full implementation of the Lamfalussy approach:

Gap between policies and day-to-day practices: There is a discrepancy between high-level policy goals and actual supervisory actions.
Complexities for cross-border groups: Supervising institutions that operate across multiple countries remains difficult due to differing national approaches.
National traditions and differences: Member states have distinct legal and supervisory traditions, leading to inconsistencies.
Options, discretions, and gold-plating at the national level: National supervisors often apply additional measures beyond EU requirements, which can undermine harmonization.

The Way Forward

CEBS as a Virtual Organisation

To improve the effectiveness of the Lamfalussy architecture, the following measures are proposed:

Better ex-ante definition of convergence targets: Clear objectives should be set to guide the alignment of national practices with EU standards.
Strengthening the colleges and operational networks: Enhancing the role and capabilities of supervisory colleges and networks will improve coordination.
New tools:
- Joint EU assessment teams in selected areas: Specialized teams can provide consistent evaluations in key sectors.
- Common EU expert teams to support line-side supervisors: These teams offer technical assistance and guidance.
- Web-based Q&A systems to improve common approaches: A digital platform for shared knowledge and best practices.

Phasing Out National Discretions

Proposals for phasing out national discretions and options: The goal is to reduce divergences by limiting the ability of national supervisors to apply additional rules.
Own initiative advises: CEBS can issue recommendations to guide national supervisory practices.
Part of the decentralised but integrated L3 system: The Lamfalussy approach is designed to be both decentralized and harmonized, allowing for flexibility while maintaining common standards.

What Comes in the Future?

The Lamfalussy process is evolutionary: There is no fixed endpoint, but rather a continuous development process.
Ability to give EU responses when needed: CEBS can provide unified responses to supervisory issues while still allowing for national specificities.
A decentralized system of supervision is already there: The current system allows for national autonomy while promoting regulatory harmonization.
Common supervisory standards in the make: Efforts are ongoing to develop unified standards across the EU.
A common culture is evolving: A shared supervisory culture is gradually emerging among EU member states.
Increased networking and interconnectivity: Supervisory bodies are becoming more interconnected, which supports better coordination and information sharing.

Conclusion

The Lamfalussy architecture aims to create a harmonized and efficient European banking supervision system. While significant progress has been made in establishing common guidelines and practices, challenges remain in aligning national approaches with EU-wide standards. The future of the Lamfalussy process lies in continued dialogue, the strengthening of supervisory colleges and networks, and the gradual reduction of national discretions to ensure a more integrated and effective supervisory framework.