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MiFID II mandated European Securities and Markets Authority (ESMA), in cooperation with the European Banking Authority (EBA) and European Insurance and Occupational Pensions Authority (EIOPA), to develop Guidelines for the assessment and the supervision of cross-selling practices. In order to take into account the cross-sectoral implications of this mandate, the three European Supervisory Authorities (ESAs) published the draft Guidelines under the auspices of the Joint Committee, and did so by widening the scope such that they consistently cover cross-selling practices in all three sectors. Following the joint consultation, several concerns were raised as to the ESAs’ ability to address cross-selling in a way that is compatible with related provisions in other Level 1 legislation, such as the Mortgage Credit Directive and the Payment Accounts Directive. Therefore, the Joint Committee decided not to issue final joint Guidelines, and for ESMA instead to issue its ESMA-only Guidelines covering only the investment sector. In addition, the three ESAs sent a letter to the European Commission asking the co-legislator to address the differences in the existing legislation and to ensure that the ESAs can regulate cross-selling practices in a consistent way across the three sectors, for the benefit of consumers, financial institutions, and supervisory authorities.

The draft ITS set out in detail aspects of the supervisory cooperation in the joint decision process for an initial application, and for the approval of material extensions or changes to internal models.

The draft RTS specify general conditions for the establishment and functioning of colleges of supervisors, while the draft ITS establish important procedures to structure and facilitate the interaction and cooperation between the consolidating supervisor and the relevant competent authorities.

These Regulatory Technical Standards (RTS) developed by the Joint Committee of the European Supervisory Authorities (ESAs) aim to clarify which risk concentrations and intra-group transactions within a financial conglomerate should be considered as significant. In addition, the RTS provide some supervisory measures for coordinators and other relevant competent authorities when identifying types of significant risk concentration and intra-group transactions, their associated thresholds and reports, where appropriate.

The Implementing Technical Standards (ITS) on the reporting of the hypothetical capital of a central counterparty (CCP) relates to prudential requirements for banks’ exposures to central counterparties. In particular, they specify a reporting frequency on a quarterly basis and the template for the information that a CCP has to deliver to all credit institutions and investment firms that are clearing members, as well as to the supervisory authorities competent for those clearing members.

These Regulatory Technical Standards (RTS) specify the treatment of equity exposures under the internal ratings-based (IRB) approach. According to the Capital Requirements Regulation (CRR) competent authorities are allowed to temporarily exempt from IRB treatment certain equity exposures held by institutions as at 31 December 2007. These RTS specify the conditions under which competent authorities can grant such an exemption.