The guidelines and recommendations published by the European Banking Authority (EBA) provide important clarifications about the application of European directives and regulations. They aim at ensuring a common application of the European Union law for the management of banking risks and for supervision.
These guidelines are addressed to competent authorities or to financial institutions, which shall make every effort to comply with them. These guidelines are available, in the months following their adoption, in every language of the European Union.
Supervisory authorities usually have two months from the publication date in every language of the EU of the guidelines to inform EBA about their intention to comply with these guidelines, or to explain why some provisions will not be applied (so-called "comply or explain" process). Decisions taken by ACPR for the implementation of EBA guidelines are made public and the "Notice" of ACPR regarding the calculation modalities of prudential ratios as part of CRDIV is updated accordingly.
The "comply or explain" process adapts itself to the entry into force of the Single Supervisory Mechanism in the context of the Banking Union. The European Central Bank (ECB) and the national competent authorities will each inform the EBA about their intention to comply, or not, with the guidelines within their respective spheres of responsibility. The national supervisory authorities remain sole competent regarding the guidelines that do not fall within the new scope of activity of ECB (consumer protection or anti-money laundering for example).
The development of the guidelines is based on a cooperative approach and their drafting is subject to discussions within working groups that involve national authorities. Guidelines projects are systematically submitted to public consultations before their adoption so that all interested parties may submit their comments. The EBA Banking Stakeholders Group is also provided with the opportunity to comment every guideline.
The banking industry and all persons interested in banking regulation and supervision are therefore invited to regularly monitor ongoing works as well as to be actively involved during the consultations. For more information about documents currently undergoing consultations.
The timeline set for the implementation of guidelines is decided on a case-by-case basis by the EBA Board of Supervisors. It should not normally exceed six months from the date of publication in English for the measures applicable to national supervisors, and six months from the date of publication in all other EU official languages for the measures applicable to institutions.
The latest guidelines with which ACPR indicated it would comply with, partially or fully, are shown here, along with the provisions taken for their application.
Other EBA publications
The European Banking Authority also publishes reports on various topics (risks and vulnerabilities of the financial system, own funds instruments…), as well as opinions and recommendations about current issues (virtual currency, application of prudential requirements, remuneration…).
See EBA Document Library.
Updated on: 09/26/2017 13:29