EBA欧洲银行-EBA-DC-054Internal-Processing-Rules-on-Investigation-regarding-Breach-of-Union-Law-FINAL_11页_357kb

Summary of the Board of Supervisors' Decision on Internal Processing Rules for Investigations regarding Breach of Union Law

Core Content

This document outlines the internal processing rules for the European Banking Authority (EBA) regarding the investigation of breaches or non-applications of Union law. It establishes a clear framework for how the EBA handles requests for investigations, including admissibility criteria, procedures for initiating and conducting investigations, and the publication and monitoring of decisions.

Main Points

1. Scope of the Rules

• The rules apply to the procedures for applying Article 17 of the EBA Regulation.
• They cover the investigation of breaches or non-application of Union law by competent authorities.

2. Preliminary Assessment on Admissibility of a Request

2.1 The Informer

• Requests can be made by competent authorities, the European Parliament, the Council, the European Commission, or relevant stakeholder groups.
• The EBA's Chairperson may also initiate investigations based on information from individuals or groups.

2.2 Methods of Submitting a Request

• Requests must be submitted via the EBA's website, email, post, or fax.
• They must be in one of the Union's official languages.
• The EBA may invite the Informer to provide additional information for a preliminary assessment.

2.3 Admissibility Criteria

• A request is admissible if it concerns the application of EBA Regulation Article 1(2) acts, including technical standards.
• Requests are inadmissible if they fall under the categories listed in Annex 1.

2.4 Decision on Admissibility

• The EBA's Chairperson determines admissibility based on the criteria in Article 2B.
• The decision is shared with the Alternate Chairperson, who has 5 working days to object.
• If the Alternate Chairperson objects, the Chairperson reviews the position and may seek advice from the Management Board.
• In case of a negative decision, the Chairperson informs the Informer of possible alternative redress mechanisms.
• All admissible requests are recorded by the EBA.

3. Investigation of an Alleged Breach or Non-Application of EU Law

3.1 Initiation of the Investigation

• The Chairperson informs the competent authority of the admissibility decision and invites them to provide information within 10 working days.
• After receiving the information, the Chairperson decides whether to initiate an investigation based on Annex 2 factors.
• The Alternate Chairperson has 3 working days to object to the initiation decision.

3.2 Conduct of the Investigation

• The Chairperson is responsible for the investigation and may request additional information from the Informer or competent authority.
• All investigations must follow a consistent methodology.
• Clear deadlines for information submission are set.

3.3 Conclusion of the Investigation

• The Chairperson must conclude the investigation within five weeks of initiation.
• The Alternate Chairperson is consulted before a final decision is made.
• If the Alternate Chairperson objects, the Chairperson reviews the position and may seek Management Board advice.

4. Closure of an Investigation

4.1 Closure without Recommendation

• The Chairperson informs the Informer and competent authority of the reasons for closure.
• The decision is reported to the Board of Supervisors regularly.

5. Breach or Non-Application of Union Law

5.1 Draft Recommendation

• If a breach is found, the Chairperson prepares a draft recommendation, which includes:
  • The necessary action to comply with Union law
  • The reasons for the recommendation
  • A deadline for compliance and reporting
• The draft is shared with the competent authority, who has 10 working days to respond.
• The final decision on the recommendation is made by the Board of Supervisors.

6. Financial Institutions

6.1 Individual Decision

• If a competent authority fails to comply with a formal opinion, the Chairperson may propose an individual decision to a financial institution.
• The decision must be necessary to maintain market competition or ensure financial system integrity.
• The decision must be in line with the Commission's formal opinion and include legal remedies.

7. Monitoring and Publication

7.1 Monitoring

• The Chairperson monitors compliance with recommendations and reports regularly to the Board of Supervisors.

7.2 Publication

• Decisions addressed to financial institutions are published on the EBA website, unless there are legitimate confidentiality concerns.
• The EBA includes in its annual report information on non-compliance with formal opinions, recommendations, or decisions.

8. Final Provisions

8.1 EBA Staff

• The Chairperson is supported by EBA staff on legal and policy matters.

8.2 Confidentiality

• Confidentiality rules apply, including the protection of personal data under Regulation (EC) No 45/2001.
• Anonymised information is used throughout the process to ensure impartiality.

8.3 Conflict of Interest

• If a conflict of interest is identified, the Alternate Chairperson is replaced by a member of the Management Board.
• Members of the Management Board with a conflict of interest cannot participate in the process.

8.4 Executive Director

• The Executive Director is responsible for establishing internal procedures for the implementation of this decision.

8.5 Entry into Force

• The decision enters into force the day after its adoption, which was 5 July 2012.

Key Information

• The Chairperson of the EBA is the central decision-maker for opening and conducting investigations.
• The Alternate Chairperson has a 5 working day period to object to admissibility decisions and a 3 working day period to object to initiation decisions.
• Annex 1 lists inadmissible requests, including anonymous submissions, lack of grievance, and irrelevant matters.
• Annex 2 provides a list of positive and negative factors that influence the decision to initiate an investigation.
• The EBA Regulation Article 39 is referenced for informing the competent authority and financial institutions.
• The European Commission plays a key role in issuing formal opinions, which may lead to individual decisions against financial institutions.