EBA欧洲银行-EBA-Guideline-2015-12-Compliance-Table-GLs-on-Arrears-and-Foreclosure_8页_285kb

报告摘要

EBA Guidelines on Arrears and Foreclosure Compliance Summary

Core Content

This document provides a compliance status table for the EBA Guidelines on Arrears and Foreclosure (EBA/GL/2015/12) across various competent authorities in EU Member States, EEA EFTA States, and European Territories. The table outlines whether each authority complies, intends to comply, or does not comply with the guidelines, along with relevant comments and dates.

Main Views

The EBA Guidelines are primarily aimed at ensuring fair treatment of borrowers facing mortgage payment difficulties.
Compliance is contingent on the transposition of the Mortgage Credit Directive (MCD) into national law and the designation of the competent authority under the directive.
Some competent authorities have already implemented the guidelines or have broader regulations that include them.
A few authorities do not intend to comply, citing that they are not designated as competent authorities under the EBA Regulation or that the guidelines do not apply to their jurisdiction.

Key Information by Competent Authority

Country	Competent Authority	Complies or Intends to Comply	Comments
Belgium	Federal Public Service Economy	Intends to comply**	By 21 March 2016. The National Bank of Belgium is not competent in this field.
Bulgaria	Bulgarian National Bank	Not applicable	Guidelines fall under the Commission for Consumer Protection (CCP).
Czech Republic	Czech National Bank	Intends to comply**	By 21 March 2016
Denmark	Danish Financial Supervisory Authority	Intends to comply**	Compliance depends on full transposition of the MCD.
Germany	BaFin	Intends to comply**	Compliance depends on full transposition of the MCD.
Estonia	Financial Supervision Authority	Intends to comply**	Compliance depends on full transposition of the MCD.
Ireland	Central Bank of Ireland	Yes	Guidelines are included in national regulations.
Greece	Bank of Greece	Yes	Code of Conduct on arrears handling includes EBA guidelines and more.
France	Autorité de Contrôle Prudentiel et de Résolution	Yes	Guidelines are included in the Directive on Arrears Management.
Italy	Bank of Italy	Intends to comply**	Compliance depends on full transposition of the MCD.
Cyprus	Central Bank of Cyprus	Yes	Guidelines are included in the Directive on Arrears Management.
Latvia	Financial and Capital Market Commission	Yes	National measures already adopted, including consumer rights laws.
Lithuania	Bank of Lithuania	Yes	Fully compliant since 10 November 2016.
Luxembourg	Commission for the Supervision of Financial Sector	Intends to comply**	Compliance depends on full transposition of the MCD.
Hungary	Magyar Nemzeti Bank	Intends to comply**	Compliance depends on full transposition of the MCD.
Malta	Malta Financial Services Authority	Intends to comply**	By the time necessary legislative or regulatory proceedings are completed.
Netherlands	Authority for the Financial Markets	Yes	No additional comments provided.
Austria	Financial Market Authority	Yes	For Guidelines 1.1, 2.2, and 3.1. Intends to comply for all other guidelines by 2016 Q4.
Poland	Polish Financial Supervision Authority	Yes	No additional comments provided.
Portugal	Bank of Portugal	Yes	No additional comments provided.
Romania	National Bank of Romania	Not applicable	Competent authority has not submitted a notification.
National Authority for Consumer Protection (Romania)	National Authority for Consumer Protection	Intends to comply**	Compliance depends on full transposition of the MCD.
Slovenia	Bank of Slovenia	Yes	Guidelines are applied and published in the Official Gazette.
Slovakia	National Bank of Slovakia	Intends to comply**	Compliance depends on full transposition of the MCD.
Finland	Regional State Administrative Agency of Southern Finland (RSAASF)	No	Not a competent authority under the EBA Regulation.
Consumer Ombudsman (Finland)	Consumer Ombudsman	Yes	No additional comments provided.
Finanssivalvonta (FIN-FSA)	FIN-FSA	Yes	Regulations and guidelines entered into force on 1 April 2017.
Sweden	Swedish Financial Supervisory Authority	Intends to comply**	Compliance depends on full transposition of the MCD.
United Kingdom	Prudential Regulation Authority (PRA)	Not applicable	Guidelines do not apply to the PRA.
Financial Conduct Authority (FCA)	Financial Conduct Authority (FCA)	Yes	Guidelines are included in FCA Handbook.

Notes

EEA EFTA States (Iceland, Liechtenstein, Norway) are not currently required to notify compliance, but have done so voluntarily.
European Territories (e.g., Gibraltar) are also not required to notify compliance, but have indicated their intention to comply.
The EBA emphasizes that the information is provided by competent authorities and is not guaranteed to be accurate.
Competent authorities may provide reasons for non-compliance if they do not comply or intend to comply.
The EBA encourages contacting the competent authority for the most current information.

Additional Clarifications

If a competent authority continues to intend to comply after the application date, it will be considered non-compliant unless:
- The guidelines relate to a type of institution or instrument that does not exist in the jurisdiction.
- Legislative or regulatory proceedings have been initiated to ensure compliance.

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