EBA欧洲银行-Memorandum-of-Cooperation_7页_216kb

报告摘要

Memorandum of Cooperation Summary

1. Core Content

The Memorandum of Cooperation (MoC) was signed on 23 October 2015 between the European Banking Authority (EBA) and five Signatory Supervisory Authorities from non-EU European countries:

Banking Agency of the Federation of Bosnia and Herzegovina
Banking Agency of the Republic of Srpska
National Bank of the Republic of Macedonia
Central Bank of Montenegro
National Bank of Serbia
Bank of Albania

The MoC establishes a framework for cooperation and information exchange between the EBA and these supervisory authorities, with the aim of enhancing banking regulation and supervision in the non-EU European countries and promoting consistency with EU standards.

2. Main Objectives

Establish a cooperation framework: To enable the EBA and the Signatory Supervisory Authorities to work together in areas relevant to the EBA’s tasks, such as the development of the Single Rulebook, convergence of supervisory practices, and risk monitoring.
Promote convergence: Encourage alignment of regulatory and supervisory standards with those of the EU, taking into account the specificities of each market.
Enhance information sharing: Facilitate regular exchange of information on risks, vulnerabilities, and data indicators affecting the national banking sectors of the Signatory Supervisory Authorities.
Support supervisory colleges: Enable the Signatory Supervisory Authorities to participate in EU supervisory colleges where possible, and to benefit from EBA training activities.

3. Key Provisions

3.1 Cooperation Mechanisms

A dedicated forum will be established to strengthen banking regulation and supervision.
The EBA will maintain a list of contact persons for the Signatory Supervisory Authorities.
The EBA will regularly inform the Signatory Supervisory Authorities on developments in the Single Rulebook and supervisory practices.
The Signatory Supervisory Authorities will report risks, vulnerabilities, and data to the EBA, as well as respond to ad hoc requests.
Cooperation will be based on mutual trust and understanding.

3.2 Confidentiality

All information shared under the MoC will be treated as confidential to the extent permitted by law.
The EBA may share information with EU supervisory colleges, central banks, and other public authorities responsible for payment systems.
Information disclosure to non-signatory authorities requires prior consent.
The MoC and its contents will be publicly available on the websites of the EBA and the Signatory Supervisory Authorities.

3.3 Nature of the Memorandum

It is a statement of intent and not a legally binding agreement.
It does not impose legal obligations or confer rights on the parties.
It does not supersede existing bilateral agreements or arrangements with EU Member States.
It is without prejudice to EU enlargement and neighborhood policies.

3.4 Amendments and Accession

The MoC may be amended through an Annex signed by the EBA and all Signatory Supervisory Authorities.
Other non-EU European banking authorities may join the MoC if their confidentiality regimes are positively assessed by the EBA.
New signatories must obtain prior consent from the EBA and sign a letter of adherence.

3.5 Termination

The MoC is concluded for an unlimited period.
Either the EBA or a Signatory Supervisory Authority may terminate the MoC by giving 30 days’ prior written notice.
Cooperation will continue for 30 days after notice.
Even after termination, confidentiality protections will remain in effect.

4. Entry into Force

The MoC entered into force on 23 October 2015.
It is signed in seven originals in English.
The signatories include the EBA and the respective directors/governors of the Signatory Supervisory Authorities.

5. Successor Authorities

If a Signatory Supervisory Authority’s functions are transferred or assigned to another entity, the terms of the MoC will apply to the successor without requiring further amendments.
The right to terminate the MoC remains with the successor authority and other parties.

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