EBA欧洲银行-JC-GL-2018-35-CT-GLs-on-complaints-handling-to-authorities-competent-for-supervising-the-new-institutions-under-PSD2-andor-the-MCD.._7页_258kb

Joint Guidelines Compliance Table Summary

Overview

This document outlines the compliance status of competent authorities across the European Union (EU), European Economic Area (EEA), and other European territories with the Joint Guidelines on complaints-handling (JC/GL/2018/35), which were updated on 3 May 2019. The guidelines extend the scope of the original JC/GL/2014/43 from the banking and securities sectors to include institutions and services under the Payment Services Directive 2 (PSD2) and the Mortgage Credit Directive (MCD).

Core Content

The Joint Guidelines aim to harmonize the complaints-handling procedures across the financial sector, ensuring consistency and effectiveness in addressing consumer complaints. They are issued by the European Supervisory Authorities (ESAs): EBA (European Banking Authority), ESMA (European Securities and Markets Authority), and EIOPA (European Insurance and Occupational Pensions Authority).

The document provides a table listing the competent authorities in each jurisdiction, the relevant ESA(s), their compliance status (Yes/Intends to comply/Not applicable), and comments on the implementation timeline or scope.

Key Jurisdictions and Compliance Status

EU Member States

EEA-EFTA States

European Territories under Article 355(3) TFEU

Main Points

• The Joint Guidelines apply to institutions and services under PSD2 and MCD, extending the original scope from banking and securities sectors.
• Compliance is required or intended by competent authorities, with some jurisdictions indicating they will comply by May 2019 or Q1 2020.
• Legislative changes are often necessary for full compliance, and these must be adopted by national parliaments.
• In some cases, such as Liechtenstein and Norway, the MCD is not yet incorporated into national law or EEA Agreement, affecting the scope of compliance.
• The UK is not applicable for the PRA, but the FCA is responsible for compliance.
• The ECB is not applicable as the guidelines do not fall within its remit.

Important Notes

• The application date of the guidelines is 1 May 2019.
• If a competent authority continues to intend to comply after the application date, it will be considered non-compliant unless:
  • The guidelines do not apply to institutions or instruments existing in the jurisdiction.
  • Legislative or regulatory proceedings have been initiated to align national measures with the guidelines.
• The ESAs (EBA, ESMA, EIOPA) do not take responsibility for the accuracy of the information provided by competent authorities.
• For detailed information on a specific competent authority's position, direct contact is recommended.

Conclusion

The Joint Guidelines on complaints-handling under PSD2 and MCD are being implemented or planned by competent authorities across the EU and EEA. While some have already confirmed compliance, others are working on legislative or regulatory changes to ensure alignment. The application date of 1 May 2019 serves as a reference point, and the ESAs are committed to transparency in reporting compliance status.