Response to consultation on draft Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers
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Furthermore, in terms of the competent supervisory authorities, the drafted terms should be clearer in order to avoid national dual supervision. For instance, in Germany the debt collection agencies are supervised at the moment by the Federal Office of Justice. By contrast, a qualification assessment as defined in the Directive would suggest supervision by BaFin.
Q1: Is the section on subject matter, scope, definitions and implementation appropriate and sufficiently clear?
We believe that the section on subject matter, scope, definitions, and implementation could benefit from more specific definitions, particularly those relating to the 'Management or administrative organ' and 'Administrative or management organ in its supervisory function'. Clear identification of the individuals intended to fall within the scope of the Guidelines is crucial to prevent inconsistent application across different credit servicers and/or competent authorities.Furthermore, in terms of the competent supervisory authorities, the drafted terms should be clearer in order to avoid national dual supervision. For instance, in Germany the debt collection agencies are supervised at the moment by the Federal Office of Justice. By contrast, a qualification assessment as defined in the Directive would suggest supervision by BaFin.