The European Banking Authority (EBA) published today its final draft Implementing Technical Standards (ITS) on the procedures, forms and templates that Competent Authorities in the EU should use when consulting each other on qualifying holdings. The objective of these ITS is to streamline information exchanges and ensure effective communications between concerned authorities, both on a cross-border basis and across sectors.
In particular, these draft ITS set out a streamlined process, which consists of a single notice to send an information request and respond to it, when Competent Authorities across the EU consult each other on acquisitions and increases of qualifying holdings in credit institutions. The same applies to consultations between Authorities in relation to the assessment of shareholders and members with qualifying holdings before granting a licence to a credit institution. When requesting information, while more flexibility is left to the Authorities, a minimum list of information is, however, required.
To make the process as effective as possible, these standards also specify the timeframe for submitting the consultation notice and responding to it and provide a set of templates for this purpose. Finally, requirements for the designation of contact points within Competent Authorities, as well as requirements for language and means of communication are also included.
These final draft ITS have been developed according to Directive 2013/36/EU (Capital Requirements Directive – CRD IV), which sets out the legal framework for the prudential assessment of acquisitions by natural or legal persons of qualifying holdings in credit institutions and of further increases of such holdings. In particular, Article 22(9) sets out a specific mandate for the EBA to develop draft ITS to establish common procedures, forms and templates for the consultation process between the relevant Competent Authorities as referred to in Article 24 of Directive 2013/36/EU.