The EBA consults on Guidelines on supervisory independence

The European Banking Authority (EBA) today launched a consultation on its Guidelines on supervisory independence of competent authorities under the Capital Requirements Directive (CRD). Risks to supervisory independence pose challenges to the soundness of supervision and good governance and new requirements in the CRD introduce measures to manage them. These Guidelines further clarify the arrangements that competent authorities should have in place to prevent and manage conflicts of interest. The consultation runs until 23 January 2026.

The draft Guidelines specify certain aspects concerning the appointment of the members of the competent authorities’ management body and clarify the calculation of the 14-year limit for the term of office of those members. Moreover, they harmonise the arrangements to prevent conflicts of interest of their members of staff and of the members of their governance bodies including declarations of interest, limitations on trading of financial instruments, arrangements for the sale or disposal of those instruments and cooling-off restrictions, that competent authorities must have in place.

Consultation process

Comments to the consultation paper can be sent by clicking on the "send your comments" button on the EBA's consultation page. The deadline for the submission of comments 23 January 2026.

The EBA will hold a virtual public hearing on 3 December from 14:30 to 16:00 - Paris time. The EBA invites interested stakeholders to register using this link by 28 November (16:00 CET). The dial-in details will be communicated to those who have registered for the meeting.

All contributions received will be published following the end of the consultation, unless requested otherwise.

Legal basis and background

The Guidelines on supervisory independence of competent authorities have been developed in accordance with Article 4a(9) of Directive 2013/36/EU, which mandates the EBA to issue guidelines, on the prevention of conflicts of interest in, and on the independence of, competent authorities, to ensure a proportionate application of that Article, taking into account international best practices.

The draft Guidelines build on existing EU and international standards and/or principles on the management of risks of supervisory independence and conflicts of interest, including the joint European Supervisory Authorities’ criteria on the independence of supervisory authorities of 25 October 2023 (JC 2023 17).