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29.10.2013 Official
Journal
of
the
European
Union
L
287/5
REGULATION (EU) No 1022/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2013
amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European
Banking Authority) as regards the conferral of specific tasks on the European Central Bank pursuant
to Council Regulation (EU) No 1024/2013
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) In
order
to
provide
for
a
single
supervisory
mechanism,
EUROPEAN UNION,
Council Regulation (EU) No 1024/2013 ( 4 ) confers
specific tasks on the ECB concerning policies relating
to the prudential supervision of credit institutions in
Member States whose currency is the euro and allows
Having regard to the Treaty on the Functioning of the European
other Member States to establish close cooperation with
Union, and in particular Article 114 thereof,
the ECB.
Having regard to the proposal from the European Commission,
(4) The
conferral
of
supervisory
tasks
on
the
ECB
relating
to
credit institutions in some of the Member States should
not in any way hamper the functioning of the internal
After transmission of the draft legislative act to the national
market for financial services. The European Supervisory
parliaments,
Authority (European Banking Authority) ('EBA'), estab
lished by Regulation (EU) No
1093/2010 of the
European Parliament and of the Council ( 5 ), should
therefore maintain its role and retain all its existing
Having regard to the opinion of the European Central Bank ( 1 ),
powers and tasks: it should continue to develop and to
contribute to the consistent application of the single
rulebook applicable to all Member States and to
Having regard to the opinion of the European Economic and
enhance convergence of supervisory practices across the
Social Committee (
Union as a whole.

2 ),

Acting in accordance with the ordinary legislative procedure (
(5)
It is crucial that the banking union contain democratic

3 ),
accountability mechanisms.
Whereas:
(6) When
carrying
out
the
tasks
conferred
on
it,
and
with
due regard to the objective of ensuring the safety and
soundness of credit institutions, EBA should have full
(1) On
29
June
2012,
the
Euro
Area
Heads
of
State
or
regard to the diversity of credit institutions and their
Government called on the Commission to present
size and business models, as well as to the systemic
proposals to provide for a single supervisory
benefits of diversity in the European banking industry.
mechanism involving the European Central Bank (ECB).
In its conclusions of 29 June 2012, the European
Council invited its President to develop, in close collab
oration with the President of the Commission, the
(7) In
order
to
promote
best
supervisory
practices
in
the
President of the Eurogroup and the President of the
internal market, it is fundamentally important that the
ECB, a specific and time-bound road map for the
single rulebook be accompanied by a European super
achievement of a genuine economic and monetary
visory handbook on the supervision of financial institu
union, which includes concrete proposals on preserving
tions, drawn up by EBA in consultation with the
the unity and integrity of the internal market in financial
competent authorities. That supervisory handbook
services.
should identify best practices across the Union as

regards supervisory methodologies and processes to
achieve adherence to core international and Union prin
ciples. The handbook should not take the form of legally
(2)
Provision for a single supervisory mechanism is the first
binding acts or restrict judgement-led supervision. It
step towards the creation of a European banking union,
should cover all matters which are within EBA's remit,
underpinned by a true single rulebook for financial
including, to the extent applicable, consumer protection
services and new frameworks for deposit insurance and
and the fight against money laundering. It should set out
for resolution.
metrics and methodologies for risk assessment, early
( 1 ) OJ C 30, 1.2.2013, p. 6.
( 4 ) Council Regulation (EU) No 1024/2013 of 15 October 2013
( 2 ) OJ C 11, 15.1.2013, p. 34.
conferring specific tasks on the European Central Bank concerning
( 3 ) Position of the European Parliament of 12 September 2013 (not yet
policies relating to the prudential supervision of credit institutions
published in the Official Journal) and decision of the Council of
(See page 63 of this Official Journal).
15 October 2013.
( 5 ) OJ L 331, 15.12.2010, p. 12.

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L 287/6
EN
Official Journal of the European Union
29.10.2013
warnings and criteria for supervisory action. Competent
(13) In order to be able to perform its facilitating and coor
authorities should use the handbook. The use of the
dinating role in emergency situations, EBA should be
handbook should be considered as a significant element
fully informed of any relevant developments, and
in the assessment of the convergence of supervisory
should be invited to participate as an observer in any
practices and for the peer review under Regulation (EU)
relevant gathering by the relevant competent authorities,
No 1093/2010.
including the right to take the floor or to make any other
contributions.
(8) EBA
should
be
able
to
request
information
from
financial
institutions in accordance with Regulation (EU)
(14) In
order
to
ensure
that
the
interests
of
all
Member
States
No 1093/2010 in relation to any information to which
are adequately taken into account and to allow for the
those financial institutions have legal access, including
proper functioning of EBA with a view to maintaining
information held by persons remunerated by those
and deepening the internal market for financial services,
financial institutions for carrying out relevant activities,
the voting arrangements within its Board of Supervisors
audits provided to those financial institutions by external
should be adapted.
auditors and copies of relevant documents, books and
records.
(15) Decisions concerning breaches of Union law and
concerning the settlement of disagreements should be
(9) Requests
for
information
by
EBA
should
be
duly
justified
examined by an independent panel composed of voting
and reasoned. Objections to specific requests for
members of the Board of Supervisors which do not have
information on grounds of non-compliance with Regu
any conflicts of interest, appointed by the Board of
lation (EU) No
1093/2010 should be raised in
Supervisors. The decisions proposed by the panel to
accordance with the relevant procedures. Where an
the Board of Supervisors should be adopted by a
addressee of a request for information raises such objec
simple majority of the voting members of the Board of
tions, this should not absolve him from providing the
Supervisors, which should include a simple majority of
information requested. The Court of Justice of the
its members from competent authorities of Member
European Union should be competent to decide, in
States participating in the SSM ("participating Member
accordance with the procedures set out in the Treaty
States") and a simple majority of its members from
on the Functioning of the European Union, whether a
competent authorities of Member States that are not
specific request for information by EBA complies with
participating Member States ("non-participating Member
that Regulation.
States").
(10) The internal market and the cohesion of the Union
(16) Decisions
concerning
actions
in
emergency
situations
should be secured and in this context concerns relating
should be adopted by a simple majority of the Board
to EBA's governance and voting arrangements should be
of Supervisors, which should include a simple majority
considered carefully and the equal treatment between
of its members from competent authorities of partici
Member States participating in the Single Supervisory
pating Member States and a simple majority of its
Mechanism (SSM) as established in Regulation (EU)
members from competent authorities of non-partici
No 1024/2013 and other Member States should be guar
pating Member States.
anteed.
(17) Decisions
concerning
the
acts
specified
in
Articles
10
to
16 of Regulation (EU) No 1093/2010 and measures and
(11) Since
EBA,
in
which
all
Member
States
participate
with
decisions adopted under the third subparagraph of
equal rights, was established with the aim of developing
Article 9(5) and Chapter VI of that Regulation should
and contributing towards the consistent application of
be adopted by a qualified majority of the Board of Super
the single rulebook and of enhancing the coherence of
visors, which should include at least a simple majority of
supervisory practices within the Union and since the ECB
its members from competent authorities of participating
has a leading role within the SSM, EBA should be
Member States and a simple majority of its members
equipped with adequate instruments to enable it to
from competent authorities of non-participating
carry out efficiently the tasks conferred on it concerning
Member States.
the integrity of the internal market.
(18) EBA
should
develop
rules
of
procedure
for
the
panel
that
(12) In
view
of
the
supervisory
tasks
conferred
on
the
ECB
by
ensure its independence and objectivity.
Regulation (EU) No 1024/2013, EBA should be able to
carry out its tasks also in relation to the ECB in the same
manner as in relation to the other competent authorities.
In particular, existing mechanisms for settlement of
(19) The
composition
of
the
Management
Board
should
be
disagreements and actions in emergency situations
balanced and proper representation of non-participating
should be adjusted accordingly to remain effective.
Member States should be ensured.

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EN
29.10.2013 Official
Journal
of
the
European
Union
L
287/7
(20) Appointments of the members of EBA internal bodies
the European Parliament and of the Council of 26 June
and committees should ensure a geographical balance
2013 on prudential requirements for credit institutions
among Member States.
and investment firms (*), Directive 2013/36/EU of the
European Parliament and of the Council of 26 June
2013 on access to the activity of credit institutions
(21) In
order
to
ensure
the
proper
functioning
of
EBA
and
and the prudential supervision of credit institutions
adequate representation of all Member States, the voting
and investment firms (**) and, to the extent that
arrangements, the composition of the Management
those acts apply to credit and financial institutions
Board, and the composition of the independent panel
and the competent authorities that supervise them,
should be monitored. They should be reviewed after an
within the relevant parts of Directive 2002/65/EC,
appropriate period of time, taking into account any
Directive 2005/60/EC, Directive 2007/64/EC and
experience gained and developments.
Directive 2009/110/EC, including all directives,
regulations, and decisions based on those acts, and
of any further legally binding Union act which
(22) No
Member
State
or
group
of
Member
States
should
be
confers tasks on the Authority. The Authority shall
discriminated against, directly or indirectly, as a venue for
also act in accordance with Council Regulation (EU)
financial services.
No 1024/2013 (***).
(23) EBA
should
be
provided
with
appropriate
financial
and
___________
human resources to enable it adequately to carry out any
additional tasks conferred on it under this Regulation.
(*) OJ L 176, 27.6.2013, p. 1.
The procedure for the establishment, implementation
(**) OJ L 176, 27.6.2013, p. 338.
and control of its budget, as set out in Articles 63 and
(***) Council Regulation (EU) No 1024/2013 of
64 of Regulation (EU) No 1093/2010, should take due
15 October 2013 conferring specific tasks on
account of those additional tasks. EBA should ensure that
the European Central Bank concerning policies
the highest standards of efficiency are met.
relating to the prudential supervision of credit

institutions (OJ L 287, 29.10.2013, p. 63).";
(24) Since
the
objectives
of
this
Regulation,
namely
ensuring
a
high level of effective and consistent prudential regu
lation and supervision across all Member States,
(b) in paragraph 5, the second subparagraph is replaced by
protecting the integrity, efficiency and orderly func
the following:
tioning of the internal market, and maintaining the
stability of the financial system, cannot be sufficiently
achieved by the Member States but can rather, by
reason of the scale of the action, be better achieved at
"For those purposes, the Authority shall contribute to
Union level, the Union may adopt measures, in
the consistent, efficient and effective application of the
accordance with the principle of subsidiarity as set out
acts referred to in paragraph 2, foster supervisory
in Article 5 of the Treaty on European Union. In
convergence, provide opinions to the European
accordance with the principle of proportionality, as set
Parliament, the Council and the Commission, and
out in that Article, this Regulation does not go beyond
undertake economic analyses of the markets to
what is necessary in order to achieve those objectives.
promote the achievement of the Authority's objective.";
(25) Regulation (EU) No
1093/2010 should therefore be
amended accordingly,
(c) in paragraph 5, the fourth subparagraph is replaced by
the following:
HAVE ADOPTED THIS REGULATION:
"When carrying out its tasks, the Authority shall act
Article 1
independently, objectively and in a non-discriminatory
manner, in the interests of the Union as a whole.";
Regulation (EU) No 1093/2010 is amended as follows:
(1) Article 1 is amended as follows:
(2) in Article 2(2), point (f) is replaced by the following:
(a) paragraph 2 is replaced by the following:
"(f) the competent or supervisory authorities as specified
in the Union acts referred to in Article 1(2) of this
"2. The
Authority
shall
act
within
the
powers
Regulation, including the European Central Bank with
conferred by this Regulation and within the scope of
regard to the tasks conferred on it by Regulation (EU)
Directive 94/19/EC, Directive 2002/87/EC, Regulation
No 1024/2013, of Regulation (EU) No 1094/2010
(EC) No 1781/2006, Regulation (EU) No 575/2013 of
and of Regulation (EU) No 1095/2010.";

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L 287/8
EN
Official Journal of the European Union
29.10.2013
(3) Article 3 is replaced by the following:
(iii) point (i) is replaced by the following:
"Article 3
"(i) to promote the consistent and coherent func
tioning of colleges of supervisors, the moni
Accountability of the Authorities
toring, assessment and measurement of
systemic risk, the development and coor
The Authorities referred to in points (a) to (d) of
dination of recovery and resolution plans,
Article 2(2) shall be accountable to the European
providing a high level of protection to
Parliament and to the Council. The European Central
depositors and investors throughout the
Bank shall be accountable to the European Parliament
Union and developing methods for the
and to the Council with regard to the exercise of the
resolution of failing financial institutions and
supervisory tasks conferred on it by Regulation (EU)
an assessment of the need for appropriate
No 1024/2013 in accordance with that Regulation.";
financing instruments, with a view to
fostering cooperation between competent
authorities involved in the management of
(4) in point (2) of Article 4, point (i) is replaced by the
crisis concerning cross-border institutions
following:
that have the potential to pose a systemic
risk, in accordance with Articles 21 to 26;";
"(i) competent authorities as defined in point (40)
of Article 4(1) of Regulation (EU) No 575/2013,
(iv) point (l) is deleted;
including the European Central Bank with regard to
matters relating to the tasks conferred on it by Regu
lation (EU) No 1024/2013, in Directive 2007/64/EC,
(b) the following paragraph is inserted:
and as referred to in Directive 2009/110/EC;";
"1a. When
carrying
out
its
tasks
in
accordance
with
this Regulation, the Authority shall:
(5) Article 8 is amended as follows:
(a) use the full powers available to it; and
(a) paragraph 1 is amended as follows:
(b) with due regard to the objective to ensure the
(i) point (a) is replaced by the following:
safety and soundness of credit institutions, take
fully into account the different types, business
models and sizes of credit institutions.";
"(a) to contribute to the establishment of high-
quality common regulatory and supervisory
(c) the following paragraph is inserted:
standards and practices, in particular by
providing opinions to the Union institutions
and by developing guidelines, recommen
"2a. When
carrying
out
the
tasks
referred
to
in
dations, draft regulatory and implementing
paragraph 1 and exercising the powers referred to in
technical standards, and other measures
paragraph 2, the Authority shall have due regard to the
which shall be based on the legislative acts
principles of better regulation, including the results of
referred to in Article 1(2);
cost-benefit analyses produced in accordance with this
Regulation.";
(aa) to develop and maintain up to date,
taking into account, inter alia, changing
(6) Article 9 is amended as follows:
business practices and business models of
financial institutions, a European supervisory
handbook on the supervision of financial
(a) paragraph 4 is replaced by the following:
institutions in the Union as a whole, which
sets out supervisory best practices for
methodologies and processes;";
"4. The
Authority
shall
establish,
as
an
integral
part
of the Authority, a Committee on financial innovation,
which brings together all relevant competent super
visory authorities with a view to achieving a coor
(ii) point (c) is replaced by the following:
dinated approach to the regulatory and supervisory
treatment of new or innovative financial activities
and providing advice for the Authority to present to
"(c) to facilitate the delegation of tasks and
the European Parliament, the Council and the
responsibilities among competent authorities;"
Commission.";

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EN
29.10.2013 Official
Journal
of
the
European
Union
L
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(b) in paragraph 5, the fourth subparagraph is replaced by
concerned, may assist the competent authorities in
the following:
reaching an agreement in accordance with the procedure
set out in paragraphs 2 to 4 of this Article.";
"The Authority may also assess the need to prohibit or
restrict certain types of financial activity and, where
(9) the following Article is inserted:
there is such a need, inform the Commission and
the competent authorities in order to facilitate the
adoption of any such prohibition or restriction.";
"Article 20a
Convergence of supervisory review process
(7) Article 18 is amended as follows:
The Authority shall promote, within the scope of its
powers, convergence of the supervisory review and
evaluation process in accordance with Directive
(a) paragraph 1 is replaced by the following:
2013/36/EU in order to bring about strong supervisory
standards in the Union.";
"1. In
the
case
of
adverse
developments
which
may
seriously jeopardise the orderly functioning and
(10) Article 21 is amended as follows:
integrity of financial markets or the stability of the
whole or part of the financial system in the Union,
the Authority shall actively facilitate and, where
(a) paragraph 1 is replaced by the following:
deemed necessary, coordinate any actions undertaken
by the relevant competent supervisory authorities.
"1. The
Authority
shall
promote,
within
the
scope
of its powers, the efficient, effective and consistent
In order to be able to perform that facilitating and
functioning of the colleges of supervisors referred to
coordinating role, the Authority shall be fully
in Regulation (EU) No
575/2013 and Directive
informed of any relevant developments, and shall be
2013/36/EU and foster the consistency of the appli
invited to participate as an observer in any relevant
cation of Union law among the colleges of supervisors.
gathering by the relevant competent supervisory auth
With the objective of converging supervisory best
orities.";
practices, the Authority shall promote joint supervisory
plans and joint examinations, and staff from the
Authority may participate in the activities of the
(b) paragraph 3 is replaced by the following:
colleges of supervisors, including on-site examinations,
carried out jointly by two or more competent auth
orities.";
"3. Where the Council has adopted a decision
pursuant to paragraph 2, and in exceptional circum
stances where coordinated action by competent auth
(b) in paragraph 2, the first subparagraph is replaced by
orities is necessary to respond to adverse developments
the following:
which may seriously jeopardise the orderly functioning
and integrity of financial markets or the stability of the
whole or part of the financial system in the Union, the
"2. The Authority shall lead in ensuring a consistent
Authority may adopt individual decisions requiring
functioning of colleges of supervisors for cross-border
competent authorities to take the necessary action in
institutions across the Union, taking account of the
accordance with the legislation referred to in
systemic risk posed by financial institutions referred
Article 1(2) to address any such developments by
to in Article 23, and shall, where appropriate,
ensuring that financial institutions and competent
convene a meeting of a college.";
authorities satisfy the requirements laid down in that
legislation.";
(11) in Article 22, the following paragraph is inserted:
(8) in Article 19(1), the first subparagraph is replaced by the
following:
"1a. At
least
annually,
the
Authority
shall
consider
whether it is appropriate to carry out Union-wide
assessments of the resilience of financial institutions, in
"1. Without
prejudice
to
the
powers
laid
down
in
accordance with Article 32, and shall inform the
Article 17, where a competent authority disagrees about
European Parliament, the Council and the Commission
the procedure or content of an action or inaction of
of its reasoning. Where such Union-wide assessments are
another competent authority in cases specified in the
carried out and the Authority considers it appropriate to
Union acts referred to in Article 1(2), the Authority, at
do so, it shall disclose the results for each participating
the request of one or more of the competent authorities
financial institution.";

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L 287/10
EN
Official Journal of the European Union
29.10.2013
(12) in Article 25, paragraph 1 is replaced by the following:
(16) in Article 31, the second subparagraph is amended as
follows:
"1. The
Authority
shall
contribute
to,
and
participate
(a) point (b) is replaced by the following:
actively in, the development and coordination of effective,
consistent and up-to-date recovery and resolution plans for
financial institutions. The Authority shall also, where
"(b) determining the scope and verifying where appro
provided for in the Union acts referred to in Article 1(2),
priate the reliability of information that should be
assist in developing procedures in emergency situations
made available to all the competent authorities
and preventive measures to minimise the systemic
concerned;";
impact of any failure.";
(b) points (d), (e) and (f) are replaced by the following:
(13) in Article 27(2), the first subparagraph is replaced by the
following:
"(d) notifying the ESRB, the Council and the
Commission of any potential emergency situations
without delay;
"2. The
Authority
shall
provide
its
assessment
of
the
need for a system of coherent, robust and credible
(e) taking all appropriate measures in case of devel
funding mechanisms, with appropriate financing
opments which may jeopardise the functioning of
instruments linked to a set of coordinated crisis
the financial markets with a view to the coor
management arrangements.";
dination of actions undertaken by relevant
competent authorities;
(14) in Article 29(2), the following subparagraph is added:
(f) centralising
information received
from competent
authorities in accordance with Articles 21 and 35
as the result of the regulatory reporting
"
obligations of institutions. The Authority shall
For the purpose of building a common supervisory
share that information with the other competent
culture, the Authority shall develop and maintain up to
authorities concerned.";
date, taking into account, inter alia, changing business
practices and business models of financial institutions, a
European supervisory handbook on the supervision of
financial institutions for the Union as a whole. The
(17) Article 32 is amended as follows:
European supervisory handbook shall set out supervisory
best practices for methodologies and processes.";
(a) paragraph 2 is replaced by the following:
(15) in Article 30, paragraph 3 is replaced by the following:
"2. The
Authority
shall,
in
cooperation
with
the
ESRB, initiate and coordinate Union-wide assessments
of the resilience of financial institutions to adverse
market developments. To that end it shall develop:
"3. On
the
basis
of
a
peer
review,
the
Authority
may
issue guidelines and recommendations pursuant to
Article 16. In accordance with Article 16(3), the
(a) common methodologies for assessing the effect of
competent authorities shall endeavour to follow those
economic scenarios on an institution's financial
guidelines and recommendations. When developing draft
position;
regulatory technical or implementing technical standards
in accordance with Articles 10 to 15, the Authority shall
take into account the outcome of the peer review, along
(b) common approaches to communication on the
with any other information acquired in carrying out its
outcomes of those assessments of the resilience
tasks, in order to ensure convergence of the standards
of financial institutions;
and practices of the highest quality.
(c) common methodologies for assessing the effect of
particular products or distribution processes on an
3a. The
Authority
shall
submit
an
opinion
to
the
institution; and
Commission where the peer review or any other
information acquired in carrying out its tasks shows that
a legislative initiative is necessary to ensure the further
(d) common methodologies for asset evaluation, as
harmonisation of prudential rules.";
necessary, for the purpose of the stress testing.";

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of
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European
Union L
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(b) the following paragraphs are inserted:
under paragraph 1 or 5, the Authority may request
information, by way of a duly justified and reasoned
request, directly from:
"3a. For
the
purpose
of
running
the
Union-wide
assessments of the resilience of financial institutions
under this Article, the Authority may, in accordance
(a) relevant financial institutions;
with Article 35 and subject to the conditions set out
therein, request information directly from those
financial institutions. It may also require competent
(b) holding companies or branches of a relevant
authorities to conduct specific reviews. It may
financial institution;
request competent authorities to carry out on-site
inspections, and may participate in such on-site
inspections in accordance with Article 21 and subject
(c) non-regulated operational entities within a
to the conditions set out therein, in order to ensure
financial group or conglomerate that are significant
comparability and reliability of methods, practices and
to the financial activities of the relevant financial
results.
institutions.
3b. The
Authority
may
request
that
the
competent
The addressees of such a request shall provide the
authorities require that financial institutions subject to
Authority promptly and without undue delay with
an independent audit information that they must
clear, accurate and complete information.";
provide under paragraph 3a.";
(c) the following paragraph is added:
(18) Article 35 is amended as follows:
"7a. Where
the
addressees
of
a
request
under
paragraph 6 do not provide clear, accurate and
(a) paragraphs 1, 2 and 3 are replaced by the following:
complete information promptly, the Authority shall
inform the European Central Bank where applicable
and the relevant authorities in the Member States
"
concerned which, subject to national law, shall
1. At the request of the Authority, the competent
cooperate with the Authority with a view of
authorities shall provide the Authority with all the
ensuring full access to the information and to any
necessary information, in specified formats, to carry
originating documents, books or records to which
out the tasks conferred on it by this Regulation,
the addressees have legal access in order to verify the
provided that they have legal access to the relevant
information.";
information. The information shall be accurate,
coherent, complete and timely.
(19) Article 36 is amended as follows:
2. The
Authority
may
also
request
information
to
be provided at recurring intervals and in specified
(a) in paragraph 4, the third subparagraph is replaced by
formats or by way of comparable templates
the following:
approved by the Authority. Such requests shall,
where possible, be made using common reporting
formats.
"If the Authority does not act on a recommendation, it
shall explain to the Council and to the ESRB its
reasons for not doing so. The ESRB shall inform the
3. Upon
a
duly
justified
request
from
a
competent
European Parliament thereof in accordance with
authority, the Authority shall provide any information
Article 19(5) of Regulation (EU) No 1092/2010.";
that is necessary to enable the competent authority to
carry out its tasks in accordance with the professional
secrecy obligations laid down in sectoral legislation
(b) in paragraph 5, the third subparagraph is replaced by
and in Article 70.";
the following:
(b) in paragraph 6, the first subparagraph is replaced by
"Where the competent authority, in accordance with
the following:
Article 17(1) of Regulation (EU) No 1092/2010,
informs the Council and the ESRB of the actions it
has undertaken in response to a recommendation of
the ESRB, it shall take due account of the views of the
"6. Where
complete
or
accurate
information
is
not
Board of Supervisors and shall also inform the
available or is not made available in a timely fashion
Commission.";

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L 287/12
EN
Official Journal of the European Union
29.10.2013
(20) Article 37 is amended as follows:
(22) In Article 41, paragraphs 2, 3 and 4 are replaced by the
following:
(a) in paragraph 1, the second subparagraph is replaced by
the following:
"1a. For the purposes of Article 17, the Board of Super
visors shall convoke an independent panel, consisting of
the Chairperson of the Board of Supervisors and six other
"
members, who are not representatives of the competent
The Banking Stakeholder Group shall meet on its
authority alleged to have breached Union law and who
own initiative as necessary, and in any event at least
have neither any interest in the matter nor direct links
four times a year.";
to the competent authority concerned.
(b) in paragraph 4, the first subparagraph is replaced by
Each member of the panel shall have one vote.
the following:
Decisions of the panel shall be taken where at least four
"4. The Authority shall provide all necessary
members vote in favour.
information subject to professional secrecy as set out
in Article 70 and ensure adequate secretarial support
for the Banking Stakeholder Group. Adequate compen
2. For the purposes of Article 19, the Board of Super
sation shall be provided to members of the Banking
visors shall convoke an independent panel consisting of
Stakeholder Group representing non-profit organi
the Chairperson of the Board of Supervisors, and of six
sations, excluding industry representatives. Such
other members who are not representatives of the
compensation shall be at least equivalent to the
competent authorities party to the disagreement and
reimbursement rates of officials pursuant to Title V,
who have neither any interest in the conflict nor direct
Chapter 1, Section 2 of the Staff Regulations of
links to the competent authorities concerned.
Officials of the European Union and the Conditions
of Employment of Other Servants of the European
Union laid down in Council Regulation (EEC,
Euratom, ECSC) No 259/68 (*) (Staff Regulations).
Each member of the panel shall have one vote.
The Banking Stakeholder Group may establish
working groups on technical issues. Members of the
Banking Stakeholder Group shall serve for a period of
Decisions of the panel shall be taken where at least four
two-and-a-half years, following which a new selection
members vote in favour.
procedure shall take place.
___________
3. The
panels
referred
to
in
this
Article
shall
propose
decisions under Article 17 or Article 19 for final adoption
(*) OJ L 56, 4.3.1968, p. 1.";
by the Board of Supervisors.
4. The
Board
of
Supervisors
shall
adopt
rules
of
(21) Article 40 is amended as follows:
procedure for the panels referred to in this Article.";
(a) in paragraph 1, point (d) is replaced by the following:
(23) in Article 42, the following paragraph is added:
"(d) one representative nominated by the Supervisory
"The first and second paragraphs are without prejudice to
Board of the European Central Bank, who shall be
the tasks conferred on the European Central Bank by
non-voting;";
Regulation (EU) No 1024/2013.";
(b) the following paragraph is inserted:
(24) Article 44 is amended as follows:
"4a. In discussions not relating to individual
(a) paragraph 1 is replaced by the following:
financial institutions, as provided in Article 44(4), the
representative nominated by the Supervisory Board of
the European Central Bank may be accompanied by a
"1. Decisions of the Board of Supervisors shall be
representative of the European Central Bank with
taken by a simple majority of its members. Each
expertise on central banking tasks.";
member shall have one vote.

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/13
With regard to the acts specified in Articles 10 to 16
(b) paragraph 4 is replaced by the following:
and measures and decisions adopted under the third
subparagraph of Article 9(5) and Chapter VI and by
way of derogation from the first subparagraph of this
paragraph, the Board of Supervisors shall take
"4. The
non-voting
members
and
the
observers,
decisions on the basis of a qualified majority of its
with the exception of the Chairperson, the Executive
members, as defined in Article 16(4) of the Treaty
Director and the European Central Bank representative
on European Union and in Article 3 of Protocol
nominated by its Supervisory Board, shall not attend
No 36 on transitional provisions, which shall include
any discussions within the Board of Supervisors
at least a simple majority of its members from
relating to individual financial institutions, unless
competent authorities of Member States that are
otherwise provided for in Article 75(3) or in the acts
participating Member States as defined in point 1 of
referred to in Article 1(2).";
Article 2 of Regulation (EU) No 1024/2013 (partici
pating Member States) and a simple majority of its
members from competent authorities of Member
States that are not participating Member States as
(c) the following paragraph is added:
defined in point 1 of Article 2 of Regulation (EU)
No 1024/2013 (non-participating Member States).
"4a. The Authority's Chair shall have the
prerogative to call a vote at any time. Without
With regard to decisions in accordance with Articles
prejudice to that power and to the effectiveness of
17 and 19, the decision proposed by the panel shall be
the Authority's decision-making procedures, the
adopted by a simple majority of the voting members
Board of Supervisors of the Authority shall strive for
of the Board of Supervisors, which shall include a
consensus when taking its decisions.";
simple majority of its members from competent auth
orities of participating Member States and a simple
majority of its members from competent authorities
of non-participating Member States.
(25) in Article 45(1), the third subparagraph is replaced by the
following:
By way of derogation from the third subparagraph,
from the date when four or fewer voting members
"The term of office of the members elected by the Board
are from competent authorities of non-participating
of Supervisors shall be two-and-a-half years. That term
Member States, the decision proposed by the panel
may be extended once. The composition of the
shall be adopted by a simple majority of the voting
Management Board shall be balanced and proportionate
members of the Board of Supervisors, which shall
and shall reflect the Union as a whole. The Management
include at least one vote from members from
Board shall include at least two representatives of non-
competent authorities of non-participating Member
participating Member States. Mandates shall be over
States.
lapping and an appropriate rotating arrangement shall
apply.";
Each voting member shall have one vote.
(26) in Article 47, paragraph 4 is replaced by the following:
With regard to the composition of the panel in
accordance with Article 41(2), the Board of Super
visors shall strive for consensus. In the absence of
"4. The
Management
Board
shall
adopt
the
Authority's
consensus, decisions of the Board of Supervisors
staff policy plan and, pursuant to Article 68(2), the
shall be taken by a majority of three quarters of its
necessary implementing measures of the Staff Regu
voting members. Each voting member shall have one
lations.";
vote.
(27) the following Article is inserted:
With regard to decisions adopted under Article 18(3)
and (4), and by way of derogation from the first
subparagraph of this paragraph, the Board of Super
visors shall take decisions on the basis of a simple
"Article 49a
majority of its voting members, which shall include
Expenses
a simple majority of its members from competent
authorities of participating Member States and a
The Chair shall make public meetings held and hospitality
simple majority of its members from competent auth
received. Expenses shall be recorded publicly in accordance
orities of non-participating Member States.";
with the Staff Regulations.";

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L 287/14
EN
Official Journal of the European Union
29.10.2013
(28) the following Article is inserted:
Council and the Council on the operation of the voting
arrangements described in Articles 41 and 44, taking into
account any experience gained in the application of this
"Article 52a
Regulation.".
Expenses
The Executive Director shall make public meetings held
Article 2
and hospitality received. Expenses shall be recorded
Without prejudice to Article 81 of Regulation (EU)
publicly in accordance with the Staff Regulations.";
No 1093/2010, by 31 December 2015, the Commission shall
publish a report on the application of the provisions of this
(29) in Article 63, paragraph 7 is deleted;
Regulation in relation to:
(30) in Article 81, paragraph 3 is replaced by the following:
(a) the composition of the Management Board; and
"3. Concerning the issue of direct supervision of insti
(b) the composition of the independent panels referred to in
tutions or infrastructures of pan-European reach and
Article 41 of Regulation (EU) No 1093/2010, preparing
taking account of market developments, the stability of
decisions for the purposes of Articles 17 and 19 of that
the internal market and the cohesion of the Union as a
Regulation.
whole, the Commission shall draw up an annual report on
the appropriateness of entrusting the Authority with
The report shall take into account in particular any devel
further supervisory responsibilities in this area.";
opments in the number of participating Member States and
shall examine whether in light of such developments any
(31) the following Article is inserted:
further adjustments of those provisions are necessary to
ensure that EBA decisions are taken in the interest of main
taining and strengthening the internal market for financial
"Article 81a
services.
Review of voting arrangements
Article 3
From the date on which the number of non-participating
Member States reaches four, the Commission shall review
This Regulation shall enter into force on the day following that
and report to the European Parliament, the European
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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Document Outline

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