EBA欧洲银行-EBA-Guideline-2015-07Compliance-Table-GLs-on-failing-or-likely-to-fail-under-Article-32-6-of-Directive-2014-59-EU_8页_308kb

EBA Guidelines Compliance Summary

Core Content

The document provides a compliance table for the EBA Guidelines on the interpretation of different circumstances when an institution shall be considered as failing or likely to fail under Article 32(6) of Directive 2014/59/EU. It outlines the status of compliance by competent authorities from EU Member States, EEA States, and European Territories. The guidelines were initially issued on 06 August 2015 and updated in November 2018.

Main Points

• The guidelines aim to clarify the conditions under which an institution is deemed to be failing or likely to fail (FOLTF).
• Compliance status is reported by national competent authorities (NCAs) and EU institutions, with some authorities indicating an intention to comply.
• The compliance information includes notification dates and comments from the respective authorities regarding their implementation or future plans.

Key Information

EU Member States

EU Institutions - Agencies

EEA-EFTA States

Notes

• Article 16(3) of EBA's Regulations requires NCAs to report compliance or intention to comply with the guidelines.
• If an authority continues to intend to comply after the application date, it will be deemed non-compliant unless:
  • (A) the guidelines apply to institutions or instruments not present in the jurisdiction, or
  • (B) legislative or regulatory proceedings are initiated to implement the guidelines.
• The EBA cannot be held responsible for the accuracy of the information provided by the competent authorities.
• For the latest status, contact the relevant competent authority directly.

Summary

The EBA Guidelines on FOLTF interpretation have been largely adopted by EU Member States and EU institutions, with most competent authorities reporting compliance as of 2018. Some authorities, particularly in EEA-EFTA states, indicate an intention to comply once legal frameworks are updated. The document emphasizes the importance of transparency and the need for competent authorities to provide updates on their compliance status.