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CEBS Mediation Mechanism Protocol Summary

Core Content

The Protocol of the CEBS Mediation Mechanism outlines a structured and confidential process for resolving disputes between CEBS Authorities. It aims to enhance cooperation, promote supervisory convergence, and ensure effective dispute resolution in the context of cross-border banking supervision.

Main Objectives

• Establish an effective mediation mechanism to resolve disputes between CEBS Authorities.
• Strengthen day-to-day cooperation and promote supervisory convergence.
• Provide a non-binding, amicable solution to disputes without affecting legal proceedings or the European legal system.

Key Provisions

Scope of Mediation

• The Mediation Mechanism applies to disputes between CEBS Authorities, including:
  • Consultation processes
  • Information exchange
  • Joint decision-making
  • Other general cooperation-related matters
• Disputes must meet the following conditions:
  • Cross-border nature
  • Exhaustion of bilateral efforts or mutual agreement to mediate
  • No ongoing legal proceedings at EU or national level
  • Not being addressed by CEBS or its Expert Groups
  • No legal constraints preventing the requested party from accommodating the mediation request
  • The mediation action does not involve reversing an administrative decision recognizing individual rights
  • Mediation does not hinder compliance with legal or procedural obligations

Parties to Mediation

• Only CEBS Authorities are eligible to be parties in mediation procedures.
• Exceptions exist when a non-CEBS Authority is involved, allowing for direct participation or representation by CEBS Authorities.

Market Participants

• Market participants may initiate or prompt mediation requests.
• CEBS Authorities have discretion in admitting such requests.

Gatekeepers

• Gatekeepers are responsible for organizing and managing mediation procedures.
• They are appointed by the Vice-Chair of CEBS or a designated CEBS Member, in consultation with the parties.

Legal Nature of Mediation

• Mediation is not legally binding and does not have legal effect.
• It does not preclude legal proceedings by the European Commission or national authorities.
• Non-compliance with mediation recommendations must be reported in writing to CEBS.

Confidentiality

• All mediators, panellists, gatekeepers, and Secretariat members involved in mediation must maintain strict confidentiality.
• Confidentiality does not prevent necessary reporting and information sharing as outlined in the Protocol.

Mediation Procedures

• Evaluative Procedure: A panel of at least three panellists evaluates the dispute and recommends a solution. If no agreement is reached, the panel may vote by simple majority.
• Facilitative Procedure: A single mediator assists the parties in reaching an agreement, respecting equal treatment and flexibility.

Selection of Mediators and Panellists

• Mediators and panellists are selected from an expert list of CEBS Authorities.
• The Gatekeeper ensures fair representation and avoids bias based on legal or cultural views.
• The Gatekeeper appoints mediators or panellists within one week of procedure selection.

Reporting and Publication

• Gatekeepers report mediation outcomes and requests to CEBS and the Commission in an anonymous form.
• Mediation results are communicated to directly affected market participants.
• CEBS may choose to publish summaries or reports of mediation outcomes in its Annual Report.

Conflicts of Interest

• Gatekeepers must not be in conflict with either party and must notify CEBS Bureau if they are.
• Mediators, panellists, and CEBS Members must not be representatives of either party or otherwise conflicted.

Timeframes

• Mediation procedures should be completed within 6 months.
• Gatekeepers may adjust timeframes as needed, except for the 2-week period specified in Article 8.3.

Administrative Support

• The CEBS Secretariat provides full administrative support to facilitate the mediation process.
• Support includes assistance to Gatekeepers, mediators, panellists, and CEBS Members.

Review of Effectiveness

• The effectiveness of the mediation mechanism will be reviewed after two years.

Conclusion

The CEBS Mediation Mechanism is designed to be a flexible, confidential, and non-binding tool for resolving cross-border disputes among banking supervisory authorities. It emphasizes cooperation, transparency, and the avoidance of legal constraints, while ensuring that mediation does not interfere with existing legal frameworks. The mechanism is subject to regular review and supports the broader goals of financial market integration and regulatory convergence within the EU.