EBA欧洲银行-Decision-on-DGS-Notifications-28EBA-DC-17329_4页_298kb

EBA Decision on Notifications Relating to Directive 2014/49/EU on Deposit Guarantee Schemes

Core Content

This decision, issued by the European Banking Authority (EBA) on 25 October 2016, outlines the requirements for competent authorities to notify the EBA of specific actions related to deposit guarantee schemes (DGSs) under Directive 2014/49/EU. The EBA is entrusted with the responsibility of fostering depositor and investor protection, ensuring the correct application of the directive, and coordinating between national authorities.

Main Points

• Scope of Application: The decision applies to competent authorities in EU Member States responsible for overseeing credit institutions, including branches of credit institutions with head offices in third countries that are members of a DGS in the EU.

• Information to be Submitted:

  • Article 1(a): Notifications of any determination of unavailability of deposits, including details of pay-out arrangements.
  • Article 1(b): Notifications of decisions to use DGS financial means for alternative measures to prevent credit institution failure.
  • Article 1(c): Notifications of decisions to use DGS financial means to finance measures preserving access to covered deposits in national insolvency proceedings.

• Timing of Submission:

  • Competent authorities must submit the information as soon as reasonably practicable after the relevant decisions or determinations are made.
  • Notifications under (a), (b), and (c) are required for specific events as outlined in the directive.

• Confidentiality and Disclosure:

  • All submitted information is subject to EU professional secrecy and confidentiality rules.
  • Summaries (notices) provided under (a)(ii), (b)(ii), and (c)(ii) may only include non-confidential information, unless the submitting authority requests otherwise.
  • The EBA shall publish these summaries on its website and provide direct access to the full notifications through its extranet to other competent authorities.

• Use of Information:

  • The EBA will use the information for analytical reports, peer reviews, and coordination between authorities.
  • It aims to promote best practices, develop effective policies, and ensure financial system stability.

• Implementation:

  • If a Member State has designated multiple competent authorities, they must cooperate and share relevant information to ensure compliance with this decision.
  • This cooperation is required under Articles 3(2), 14(6), and (7) of Directive 2014/49/EU.

• Miscellaneous:

  • The decision does not limit the EBA’s power to request additional information not covered by Article 1, or from institutions not covered by Article 2.

• Final Provisions:

  • The decision enters into force immediately upon signing.

Key Information

• Legal Basis: The decision is based on Regulation (EU) No 1093/2010 and Directive 2014/49/EU.
• Templates: Specific eGate templates are used for notifications (Annex 1, Parts I, II, and III).
• Confidentiality: The EBA ensures confidentiality of submitted data, with exceptions for non-confidential summaries.
• Coordination: The EBA plays a central role in coordinating between national competent authorities to ensure consistent application of DGS rules.
• Purpose: The decision aims to enhance transparency, coordination, and the effectiveness of deposit guarantee schemes across the EU.

Conclusion

This EBA decision establishes a structured framework for the notification and sharing of information related to deposit guarantee schemes. It ensures that the EBA can effectively monitor and support the implementation of Directive 2014/49/EU, while maintaining the confidentiality of sensitive data and promoting best practices across the financial sector.