The implementation in France of European rules on information to be disclosed by the competent authorities (Supervisory Disclosure)

Transparency is an essential factor for effective banking supervision whose importance was emphasized several times at international level by the Basel Committee on Banking Supervision, particularly in its "Core Principles for Effective Banking Supervision" (document published in 1997 and updated in 2006 and 2012). This importance is even higher at European level as it is important for the proper functioning of financial markets that the Community provisions are implemented in a harmonized manner and that supervisory practices converge.
 
Thus, Directive 2013/36 / EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms (Capital Requirement Directive, CRDIV) requires the competent authorities to publish certain information so that the internal banking market can operate with increasing effectiveness and citizens of the Union are afforded adequate levels of transparency. The information published should be sufficient to enable a meaningful comparison of the approaches adopted by the competent authorities of different Member States.

Article 143 (1) of the CRDIV specifies the different categories of information that supervisors must publish:

  • text of laws, regulations and administrative provisions and general guidance adopted in each Member State in terms of prudential regulation;

  • conditions of exercise of options and national discretions available in Community legislation;

  • general criteria and methods that supervisors apply for the purpose of the supervisory review and evaluation process;

  • aggregate statistical data on key aspects of the implementation of the prudential framework in each Member State.

To ensure a harmonized implementation of the CRDIV transparency requirements, and considering more broadly the importance of readability and comparability of the rules and procedures within a context of increasing complexity of prudential rules, the European Banking Authority (EBA) has published in November 2013 an Implementing Technical Standards on the format, structure, contents and annual publication date of the information to be disclosed by competent authorities. The European Commission has adopted these technical standards in the form of its Implementing Regulation (EU) No 650/2014 of 4 June 2014. This regulation defines a common publication format designed to facilitate access to published information and enable their comparison. Under this regulation, the information provided by European supervisors must be consistent in substance and in form and updated annually.

The solution chosen by the European Banking Authority is based on the use of the Internet with a two-tier architecture. At European level, summary tables are developed and posted on the website of EBA. These tables show essential information and allow comparison between countries. They are connected to the Internet websites of the members of EBA, which contain all the information required by the CRDIV, with an organization and a presentation totally similar to those of the EBA website.

The organization of the EBA and national authorities websites follows, under four main headings, the elements referred to in Article 143 (1) of the CRDIV:

  1. Rules and Guidance : this part contains the texts in force, but also detailed information on more specific issues such as exemptions from the application of prudential requirements, evaluation of internal risk measurement approaches and the process of approval of these approaches ...

  2. Options and national discretions (details of the choices made in the implementation process);

  3. Methodology of the process of supervisory review and evaluation process ("Pillar 2" of the solvency ratio);

  4. Statistical data on national banking sectors, the various risks and the activities of supervisors.

Banking regulation applicable in France

The applicable regulations include:

  • Laws and regulations adopted by each Member State to implement the provisions of the Directive 2013/36/EU and Regulation (EU) No 575/2013. The texts outline the primary legislative and regulatory framework for supervised credit institutions and investment firms.

  • Administrative Rules: There is a variety of definitions of administrative rules. For the purpose of disclosure they are understood as instructions to supervised entitites to fulfil certain legislative and regulatory requirements.

  • General guidance includes explicit disclosure requirements from the Directive 2013/36/EU and explanations deemed necessary to set out how the rules should be applied by institutions. Additionally such guidance will cover any other relevant information that competent authorities may wish to release to enhance the understanding of the new capital adequacy framework.

For an overview regarding rules and guidance in the EU Member States see the corresponding tables on the EBA homepage.

Contents:

  • Transposition table of CRD5

  • Model approval (tab Model approval)

  • Specialised lending exposure (tab Specialised lending exposures)

  • Credit risk mitigation(tab Credit risk mitigation)

  • Specific disclosure requirements applied to institutions (tab Specific disclosure requirements applied to institutions)

  • Waivers (tab Waivers du tableau)

  • Qualifying holdings in a credit institution (tab Qualifying holdings)

  • Regulatory and financial Reporting  (tab Reporting)

Options and national discretions

Directive 2013/36/EU and Regulation (EU) N°575/2013 contain discretions and options which may be applied on the basis of national circumstances.

Options and national discretions France 2023

For an overview regarding options and national discretions in the EU Member States see the corresponding tables on the EBA homepage.

Supervisory review

The following table gives an overview over the general criteria and methodologies used by the French supervisor in the review and evaluation referred to in Article 97 of Directive 2013/36/EU.

As defined in the CEBS guidelines on the Application of the Supervisory Review Process under Pillar 2, the Supervisory Review and Evaluation Process (SREP) is the comprehensive process which supervisors use to review and evaluate:

  • the institutions' exposure to risks (i.e. risk profile);

  • the adequacy and reliability of the institutions' Internal Capital Adequacy Assessment Process (ICAAP);

  • the adequacy of the institutions' own funds and internal capital in relation to the assessment of its overall risk profile;

  • to monitor ongoing compliance with standards laid down in the Directive (i.e. supervisory evaluation of compliance) and to identify any weaknesses or inadequacies and necessary prudential measures.

As defined in these guidelines, the ICAAP is a comprehensive process including the management body and senior management oversight, monitoring, reporting and internal control reviews, that institutions must have to identify and measure their risks, allowing them to ensure that adequate provision is made for holding internal capital in relation to their risk profile.

Additional information

For an overview regarding the general criteria and methodologies the EU Member States use in the review and evaluation referred to in Article 97 of Directive 2013/36/EU see the corresponding table on the EBA homepage.

Statistical data

Article 143 (1) of Directive 2013/36/EU requires the disclosure of aggregate statistical data on key aspects of the implementation of the prudential framework. The disclosure includes national statistical data about the banking sector, credit risk, operational risk , market risk and supervisory actions and measures.

Statistical data 2023

Contents:

  • General remarks on filling in templates in AnnexIV (Tab « Templates and general remarks »)

  • Consolidated data per Competent Authority (Tab « Part 1 »)

  • Data on credit risk (Tab « Part 2 »)

  • Data on market risk (Tab « Part 3 »)

  • Data on operational risk (Tab « Part 4 »)

  • Data on supervisory measures and administrative penalties (Tab « Part 5 »)

  • Data on waivers (Tab « Part 6 »)

Statistical data from previous years

Avertissement Disclaimer

No confidential information which competent authorities may receive in the course of their duties may be divulged to any person or authority whatsoever except in summary or collective form, such that individual credit institutions cannot be identified, without prejudice to cases covered by criminal law.

Therefore whenever the disclosure of aggregate statistical data triggers a breach of confidentiality as determined by the national competent authority, then this information shall not be disclosed (waiver).

 For an overview regarding statistical data in the EU Member States see the corresponding tables on the EBA homepage.

Contacts

In case you require more detailed information about supervisory disclosure or other prudential information with regard to the Capital Requirements Directive please contact:

National experts for new capital rules
Email: sai@acp.banque-france.fr

Updated on the 25th of April 2025