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Regulatory technical standards on colleges of supervisors for investment firms groups
Recommendation amending EBA/Rec/2015/01 on the equivalence of confidentiality regimes
With this Recommendation, several additional non-EU supervisory authorities were added to the list of non-EU or third country supervisory authorities whose confidentiality regimes can be regarded as equivalent. The EBA Recommendation is designed as a guide for EU authorities in their assessment of the equivalence of confidentiality regimes of third country supervisory authorities to facilitate their participation in supervisory colleges overseeing international banks.
Recommendation amending EBA/Rec/2015/01 on the equivalence of confidentiality regimes
With this Recommendation, the EBA adds the Albanian banking supervisor to the list of non-EU or third country supervisory authorities participating in EU banking supervisory colleges. The decision was based on the assessment of the confidentiality regime of Bank of Albania, which was deemed equivalent to the EU confidentiality regime, and follows the prescriptions in the Capital Requirements Directive (CRDIV) on participants in EU colleges of banking supervisors.
Guidelines for the joint assessment and joint decision regarding the capital adequacy of cross-border groups
The Capital Requirements Directive (CRD) requires that the consolidating supervisor and supervisors of subsidiaries involved in the supervision of an EEA cross-border banking group do everything within their power to reach a joint decision on the application of the Pillar 2 provisions related to the Internal Capital Adequacy Assessment Process (ICAAP) and to the Supervisory Review and Evaluation Process (SREP). These Guidelines provide concrete guidance on how to cooperate in the risk assessment process and on how to apply the CRD provisions regarding ICAAP, SREP and the prudential measures subject to the joint decision process. Their ultimate aim is to ensure closer convergence of supervisory practices with regard to the joint decision process, while providing some necessary flexibility for individual colleges.
Guidelines for the operational functioning of colleges
These guidelines aim at providing guidance for the operational functioning of colleges. In particular, they provide practical guidance to supervisors involved within a college on the different tasks they are asked to perform, including the process of setting up the college, the organisation of the exchange of information among college members and the communication with the management of the supervised institutions. They also complement the provisions set out in the Capital Requirements Directive (CRD), where necessary, so as to avoid inconsistencies and to promote convergence of practices across colleges.
Implementing technical standards on joint decisions on prudential requirements
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.
Regulatory and implementing technical standards on the functioning of colleges of supervisors
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.
Implementing Technical Standards on joint decisions on institution-specific prudential requirements
The objective of these Implementing Technical Standards (ITS) on joint decisions on institution-specific prudential requirements is to facilitate the reaching of effective joint decisions between the consolidating supervisor and the competent authorities responsible for the supervision of subsidiaries in a Member State. In particular, these ITS set up common procedures and templates that will facilitate the interaction and cooperation between the consolidating supervisor and the relevant competent authorities when providing their contribution to the group risk assessment and joint decision documents.
Guidelines for cooperation between consolidating supervisors and host supervisors
These guidelines are designed to promote an efficient supervisory framework for groups that operate in several EU jurisdictions and, in particular, at enhancing cooperation between consolidating supervisor and host supervisors. They contain sections on general cooperation, distinguishing between subsidiaries and branches, and guidance related, among other things, to the approval process of model validation. These guidelines are the starting point of substantial developments in the supervision of cross –border groups and have let to the establishment of operational network mechanisms.