2014年-EBA欧洲银行管理局_JC_2014_43_Joint_Committee_Final_report_complaints-handling_guidelines_16页_412kb

报告摘要

Joint Committee Final Report on Guidelines for Complaints-Handling in the Securities and Banking Sectors

Core Content

This document is the Joint Committee Final Report on guidelines for complaints-handling in the securities (ESMA) and banking (EBA) sectors. The report outlines the final guidelines and the feedback from stakeholders on the initial consultation paper (CP) published in November 2013. The guidelines aim to ensure supervisory convergence, consumer protection, and consistent handling of complaints across the EU financial services sectors.

Main Objectives

To ensure adequate consumer protection and supervisory convergence across the banking, investment, and insurance sectors.
To provide harmonised standards for complaints-handling, which would improve consumer confidence and cross-border market integration.
To align with EU directives such as MiFID, PSD, EMD, AIFMD, CRD, and CRR, and with the Alternative Dispute Resolution (ADR) Directive.

Key Points from the Feedback

Client Categorisation

Some respondents suggested distinguishing between retail, professional, and market counterparty clients.
ESMA and EBA clarified that the guidelines do not override national legislation and that national competent authorities should implement them in line with sectoral laws.
The MiFID Implementing Directive requires investment firms to apply these guidelines to retail clients only, while UCITS, AIFMD, CRD, and CRR do not differentiate between client types.

Proportionality

A few respondents raised concerns about the application of proportionality.
ESMA and EBA stated that the guidelines are already aligned with proportionality and that national competent authorities should consider it when implementing the guidelines.

Definition of "Complaint"

Some respondents found the definition of "complaint" too broad.
ESMA and EBA clarified that the definition is indicative and does not override national law.
They emphasized that national competent authorities are responsible for interpreting and applying the definition in line with their legal frameworks.

Data Protection

Two respondents raised data protection concerns related to reporting complaints.
ESMA and EBA stated that the guidelines must be implemented in accordance with national data protection laws, including the Data Protection Directive (95/46/EC) and the General Data Protection Regulation (GDPR).

Scope of Guidelines

One respondent suggested that Central Securities Depositories (CSDs) should not be included in the guidelines.
ESMA and EBA clarified that CSDs are not covered by specific legislation and are often authorised as credit institutions, so they are subject to the guidelines.

Alternative Dispute Resolution (ADR)

Some respondents expressed concerns about the interaction between the guidelines and ADR mechanisms.
ESMA and EBA stated that the guidelines are complementary, not conflicting, with ADR mechanisms and that submitting a complaint to a firm is a prerequisite for accessing ADR.

Summary of Consultation Responses

Question 1: The majority of respondents agreed that complaints-handling is an opportunity for supervisory convergence.
Question 2: There was general support for the content of the guidelines, with some specific comments on certain aspects.
Question 3: The majority supported the cost-benefit analysis in the CP, although some highlighted potential high costs for smaller institutions.
Question 4: A few respondents provided evidence or data that could further inform the cost-benefit analysis, particularly regarding IT and staffing costs.

Final Guidelines Overview

Purpose

Clarify expectations for complaints-handling organisation.
Provide guidance on information provision and procedures for responding to complaints.
Ensure harmonisation of complaint-handling arrangements across the EU.
Promote supervisory convergence and consumer protection.

Scope

Applies to financial institutions that provide investment services, banking services, payment services, collective portfolio management, or issuing electronic money.
Does not apply to complaints about activities not under supervision or about activities of other entities.

Compliance and Application

Guidelines are issued under Article 16 of the ESA Regulations.
Competent authorities and financial institutions are expected to comply with the guidelines.
A notification requirement is in place for competent authorities to inform ESMA and EBA of their compliance status within two months of the translation of the guidelines.
The date of application is from the date of the reporting requirement.

Key Takeaways

The guidelines aim to harmonise complaints-handling practices across the EU, enhancing consumer confidence and supervisory efficiency.
Proportionality is a key principle, allowing flexible implementation based on firm size and complexity.
No material changes were made to the draft guidelines, as the feedback did not suggest significant amendments.
The guidelines are complementary to ADR mechanisms and are not intended to override national laws.

Annex I – Full Text of the Guidelines

The full text of the final guidelines is included in Annex I.
It includes seven specific guidelines, covering complaints management policy, complaints management function, registration, reporting, internal follow-up, provision of information, and procedures for responding to complaints.

Conclusion

This report reflects the Joint Committee’s decision to adopt the draft guidelines for complaints-handling in the securities and banking sectors without material changes. The guidelines are designed to promote supervisory convergence, consumer protection, and transparent complaint-handling processes. They will be translated and published on the ESMA and EBA websites, with implementation and reporting requirements starting from the date of publication.