2010年-ECB欧洲央行_Memorandum_of_understanding_on_the_exchange_of_information_among_national_central_credit_registers_for_the_purpose_of_passing_it_on_to_reporting_institutions_18页_359kb

Summary of the Memorandum of Understanding on the Exchange of Information Among National Central Credit Registers

Core Content

This Memorandum of Understanding (MoU) outlines the framework for the exchange of information among National Central Credit Registers (CCRs) operated by central banks in the European Union (EU) to support credit risk assessment and management. The MoU aims to enhance transparency, improve the accuracy of credit risk evaluation, and facilitate the monitoring of credit concentration by supervisory authorities.

Main Purpose

The primary objective of the MoU is to enable reporting institutions to obtain a more complete overview of a borrower's indebtedness by allowing the regular exchange of data among national CCRs and handling ad hoc requests for specific borrower information. This exchange is intended to support:

• Better credit risk assessment by credit institutions.
• Early detection of potentially fragile institutions.
• Cross-border lending risk evaluation through non-resident borrower data.
• Transparency and consistency in credit data across the EU.

Key Principles and Conditions

1. Information Exchange Criteria

• Minimum Threshold: Information is shared if the borrower's indebtedness reaches €25,000.
• Transmission: Information is transmitted without adjustment of indebtedness and without specifying underlying credit types.
• Regular Exchange: For resident borrowers, data is exchanged regularly between CCRs.
• Ad Hoc Requests: Reporting institutions may submit ad hoc requests through their national CCR, provided they have an established or intended credit relationship with the borrower.

2. Data Storage and Confidentiality

• Accuracy: Parties must ensure data accuracy and clarity in compliance with national and international data protection laws.
• Confidentiality: Information must be treated with confidentiality and professional secrecy.
• Access: Borrowers can access and request rectification of their data, but only the reporting institution that originally submitted the data can make such corrections.
• Transparency: Each CCR must provide a document to reporting institutions that clearly explains the amounts stored on individual borrowers by any CCR.

3. Data Sharing with Supervisory Authorities

• Central banks and national supervisory authorities are granted access to the information stored in CCRs for oversight purposes.

4. No Fees for Information Exchange

• No Party may charge fees or commissions for exchanging information under this MoU.
• This does not affect existing national practices regarding fees for services to non-MoU parties.

Additional Key Provisions

1. Legal Obstacles

• Parties facing national legal obstacles may not exchange information until those obstacles are removed.
• Information may not be passed to reporting institutions if legal obstacles exist in either the transmitting or receiving country.

2. Technical Transition Phase

• A 24-month transition period is provided for testing and developing the necessary technical infrastructure.
• During this phase, data may not be transmitted to reporting institutions.

3. Review and Amendments

• The MoU will be reviewed after two years of implementation.
• Amendments to the annexes and the Implementation Guide may be made without requiring renewed signatures.

4. Additional Parties

• The MoU allows for the inclusion of other publicly operated CCRs, particularly those in EU member states or accession countries, provided they comply with the MoU's rules.

5. Publication

• The MoU and its annexes will be published after signature to ensure transparency.

Parties Involved

The following central banks have signed the MoU:

• Nationale Bank van Belgie N.V./Banque Nationale de Belgique S.A. (Belgium)
• Česká národní banka (Czech Republic)
• Deutsche Bundesbank (Germany)
• Banco de España (Spain)
• Banque de France (France)
• Banca d'Italia (Italy)
• Oesterreichische Nationalbank (Austria)
• Banco de Portugal (Portugal)
• Banca Natională a Romaniei (Romania)

Annexes Overview

Conclusion

This MoU establishes a collaborative framework for the exchange of credit information among national CCRs to improve credit risk monitoring, supervisory oversight, and transparency across the EU. It emphasizes confidentiality, data accuracy, and legal compliance, while allowing for flexibility in the form of a technical transition phase and amendments. The MoU is not legally binding, and all Parties are encouraged to remove legal obstacles to ensure full participation.