EBA publishes its final Guidelines on the monitoring of the threshold for establishing an intermediate EU parent undertaking

The European Banking Authority (EBA) published today its final Guidelines on the monitoring of the threshold and other procedural aspects on the establishment of intermediate EU parent undertakings (IPU) as laid down in the Capital Requirements Directive (CRD). The Guidelines specify how third country groups should calculate and monitor the total value of their assets in the Union in order to ensure timely application of the IPU requirement.

EBA consults on technical standards to identify shadow banking entities

The European Banking Authority (EBA) launched today a public consultation on draft regulatory technical standards (RTS) setting out criteria for the identification of shadow banking entities for the purposes of reporting large exposures. The consultation runs until 26 October 2021.

EBA launches discussion on proportionality assessment methodology

The European Banking Authority (EBA) publishes today a Discussion Paper aiming at gathering some preliminary input on how to standardise the proportionality assessment methodology for credit institutions and investment firms. The discussion paper invites all market participants affected by the proportional treatment in the application of EBA regulatory products to provide their input. The consultation runs until 22 October 2021.

The European Banking Authority publishes a methodological guide to mystery shopping

The European Banking Authority (EBA) published today a methodological guide to mystery shopping (MS). This guide has been developed based on the findings and good practices identified in the EBA report on MS activities of NCAs published earlier this year and aims to support NCAs in the design and implementation of MS activities.

EBA consults to amend its technical standards on currencies with constraints on the availability of liquid assets

The European Banking Authority (EBA) launched today a public consultation on amendments to its Implementing Technical Standards (ITS) on currencies with constraints on the availability of liquid assets in the context of the liquidity coverage ratio (LCR). The proposed amendments remove the Norwegian Krone (NOK) from the list, with the result that no currency will be recognised as having constraints on the availability of liquid assets. The consultation runs until 16 October 2021.

The EBA welcomes European Court of Justice ruling supporting EBA guidelines on product oversight and governance 

The European Banking Authority (EBA) welcomed today’s judgment by the European Court of Justice establishing the validity of its Guidelines on Product Oversight and Governance. This Court ruling supports the EBA’s ability to reduce the prudential impact of misconduct for financial institutions and to protect consumers from banking products that are not fit for purpose. The EBA will continue to establish high quality standards for the banking sector and EU citizens.  

EBA consults on the draft Guidelines on the limited network exclusion under the revised Payment Services Directive

The European Banking Authority (EBA) launched today a public consultation on draft Guidelines providing clarity on the application of the limited network exclusion requirements, which certain payment instruments might benefit from, as laid down in the revised Payment Services Directive (PSD2). Such payment instruments include store cards, fuel cards, public transport cards, and meal vouchers. Given the significant inconsistencies the EBA has identified on how this exclusion is applied across the EU, the proposed Guidelines aim at clarifying specific aspects of its application, including on how a network of service providers or a range of goods and services should be assessed in order to qualify as ‘limited’, the use of payment instruments within limited networks, the provision of excluded services by regulated financial institutions and the submission of notification to competent authorities (CAs). The consultation runs until 15 October 2021.

EBA publishes final Guidelines for the use of data inputs in the expected shortfall risk measure under the Internal Model Approach

The European Banking Authority (EBA) published today its final Guidelines clarifying the requirements that the data inputs used to determine the scenarios of future shocks applied to modellable risk factors should meet. The Guidelines, which are part of the deliverables included in the roadmap for the new market and counterparty credit risk approaches, will be applicable from 1 January 2022.

EBA releases phase 2 of its 3.1 reporting framework

​​​​​​​The European Banking Authority (EBA) published today phase 2 of its 3.1 reporting framework. The technical package supports the implementation of the reporting framework by providing standard specifications and includes the validation rules, the Data Point Model (DPM) and the XBRL taxonomies for version 3.1.

EBA publishes final draft technical standards to improve supervisory cooperation for investment firms

The European Banking Authority (EBA) published today final draft regulatory technical standards (RTS) and Implementing Technical Standards (ITS) on cooperation and information exchange between competent authorities involved in prudential supervision of investment firms. These draft standards, developed in consultation with the European Securities and Markets Authority (ESMA), provide a solid framework for (i) cooperation in the supervision of investment firm groups through colleges of supervisors and (ii) for information exchange for investment firms operating within the EU through branches or the free provision of services. These draft standards are part of the phase 2 mandates of the EBA roadmap on investment firms, and aim at improving cooperation and information exchanges between the supervisors of investment firms.

EBA and ESMA publish final guidance on fit and proper requirements

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) published today their revised final joint Guidelines on the assessment of the suitability of members of the management body and key function holders. These Guidelines take into account the amendments introduced by the revised Capital Requirements Directive (CRD V) and the Investment Firms Directive (IFD), and their effect on the assessment of the suitability of members of the management body, in particular with regard to money laundering and financing terrorism risks, and gender diversity. The joint final Guidelines will apply from 31 December 2021.

EBA publishes its final Guidelines on internal governance

The European Banking Authority (EBA) published today its revised Guidelines on internal governance. The update takes into account the amendments introduced by the fifth Capital Requirements Directive (CRD V) and the Investment Firms Directive (IFD) in relation to credit institutions’ sound and effective governance arrangements, in particular with regard to gender diversity, money laundering, financing terrorist risk and the management of conflicts of interest, including in the context of loans and other transactions with members of the management body and their related parties. The final revised Guidelines will apply from 31 December 2021.

EBA publishes its final revised Guidelines on sound remuneration policies

The European Banking Authority (EBA) published today its revised Guidelines on sound remuneration policies. This update takes into account the amendments introduced by the fifth Capital Requirements Directive (CRD V) in relation to institutions’ sound remuneration policies and, in particular, the requirement that remuneration policies should be gender neutral. The final Guidelines also consider supervisory practices and clarify some aspects of retention bonuses and severance pays. The revised Guidelines will apply from 31 December 2021.

EBA provides clarification on the implementation of the new prudential regime for investment firms

​​​​​​​The European Banking Authority (EBA) published today an Opinion to ease the implementation of the Investment Firms Regulation (IFR) and Investment Firms Directive (IFD), which entered into force on June 26. The IFR/IFD classify investment firms according to their business model and size, the latter of which is benchmarked on various threshold. For the vast majority of investment firms, sufficient clarity already exists with regards to the prudential regime, which applies to them. However, in a few cases, especially for investment firms of third country groups, the Opinion provides guidance on the actions to be taken in case of uncertainty on whether these investment firms should apply for an authorisation as a credit institution in the absence of the delegated act establishing the methodology for the calculation of the highest threshold (the EUR 30bn threshold), on which the EBA has currently opened a second public consultation.

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