EBA欧洲银行-PeerreviewMethodology15102007_8页_190kb

Peer Review Methodology Summary

Core Content

The Peer Review Methodology is a structured process established by the Committee of European Banking Supervisors (CEBS) to evaluate the implementation and convergence of supervisory provisions or practices across member states. This methodology, adapted from the CESR/07-071b document, aims to ensure that CEBS authorities comply with Community legislation and CEBS guidelines, and that supervisory practices are harmonized across the European banking sector.

Main Objectives

• To assess whether CEBS authorities meet the objectives of supervisory provisions or practices.
• To monitor and encourage convergence in supervisory practices.
• To ensure consistency and transparency in the application of supervisory measures.

Key Components

1. Peer Review Process

• Self-Assessment: Each CEBS authority must complete a self-assessment based on assessment criteria, questions, benchmarks, and possible requests for further information.
• Peer Review: The Review Panel conducts an independent assessment of the self-assessments and national implementing measures.
• Public Reporting: Final reports are made public on the CEBS website, with the possibility of selective publication for confidentiality reasons.

2. Assessment Criteria and Benchmarks

• Assessment Criteria: Define the essential elements and intended outcomes of the supervisory provision or practice.
• Questions: Are formulated to be clear and objective, with answers provided by CEBS authorities as "yes", "no", or "not applicable".
• Benchmarks: Three levels are used to evaluate the application:
  • Fully Applied: All essential criteria are met.
  • Partially Applied: Most essential criteria are met, but with deficiencies.
  • Not Applied: One or more essential criteria are not met.

3. National Implementing Measures

• May include laws, regulations, guidelines, circulars, self-regulatory rules, and case law.
• CEBS authorities must provide detailed information on how these measures are applied.
• If a measure is not yet in force but expected soon, it is treated as if it were in force at the time of the self-assessment.

4. Confidentiality and Consistency

• The Review Panel defines categories of confidential information.
• The CEBS Secretariat may request further explanations to ensure consistency.
• Non-cooperation or late submission may result in an authority being classified as "not contributing".

5. Review by Peers Procedure

• The Review Panel (or subgroups) assesses all CEBS authorities simultaneously to avoid bias.
• Bilateral discussions occur with the authority being reviewed before final recommendations are made.
• Any objections from Review Panel members regarding their own authority do not block the report submission.

6. Final Report Approval and Publication

• The final report is approved by CEBS at Plenary and published on the CEBS website.
• CEBS may modify the report based on dissenting opinions or for confidentiality.
• Amendments to explanations are required if changes to the report affect them.

7. Updating Self-Assessments

• CEBS authorities can update their self-assessments through the CEBS Secretariat.
• Updates are made public with a note that they have not been reviewed by the Review Panel.
• The CEBS Secretariat regularly reports on updates to the Review Panel and may propose an earlier full review if needed.

Key Information

• Mandate Scope: Peer reviews may cover minimum 'requirements' or also 'good/best' practices.
• Confidentiality: The Review Panel defines what information is confidential and may exclude it from publication.
• Non-Compliance: If a CEBS authority does not comply with a benchmark, it must explain the reasons and any actions taken.
• Review Frequency: Peer reviews are conducted according to the CEBS mandate, and updated self-assessments are reviewed every three months.
• Tool Usage: A CEBS internet tool is used for submitting and updating self-assessments.

Summary

This methodology ensures a transparent, objective, and consistent approach to evaluating the implementation of supervisory provisions and practices across CEBS member states. It includes a structured self-assessment process, peer review by an independent panel, and clear publication requirements. The process encourages convergence in supervisory practices and allows for flexibility in handling non-applicable measures, confidential information, and updates.