Establishment and scope of action
Amendment details· last amended 30 Oct 2013
Last amended 30 Oct 2013 by Regulation (EU) No 1022/2013 of 22 October 2013.
This Regulation establishes a European Supervisory Authority (European Banking Authority) (hereinafter ‘the Authority’).
The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 94/19/EC (opens EUR-Lex in a new tab), Directive 2002/87/EC, Regulation (EC) No 1781/2006 (opens EUR-Lex in a new tab), Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms ((38)), Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms ((39)) and, to the extent that those acts apply to credit and financial institutions and the competent authorities that supervise them, within the relevant parts of Directive 2002/65/EC (opens EUR-Lex in a new tab), Directive 2005/60/EC (opens EUR-Lex in a new tab), Directive 2007/64/EC (opens EUR-Lex in a new tab) and Directive 2009/110/EC (opens EUR-Lex in a new tab), including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority. The Authority shall also act in accordance with Council Regulation (EU) No 1024/2013 ((40)).
The Authority shall also act in the field of activities of credit institutions, financial conglomerates, investment firms, payment institutions and e-money institutions in relation to issues not directly covered in the acts referred to in paragraph 2, including matters of corporate governance, auditing and financial reporting, provided that such actions by the Authority are necessary to ensure the effective and consistent application of those acts.
The provisions of this Regulation are without prejudice to the powers of the Commission, in particular pursuant to Article 258 TFEU, to ensure compliance with Union law.
The objective of the Authority shall be to protect the public interest by contributing to the short, medium and long-term stability and effectiveness of the financial system, for the Union economy, its citizens and businesses. The Authority shall contribute to:
improving the functioning of the internal market, including, in particular, a sound, effective and consistent level of regulation and supervision;
ensuring the integrity, transparency, efficiency and orderly functioning of financial markets;
strengthening international supervisory coordination;
preventing regulatory arbitrage and promoting equal conditions of competition;
ensuring the taking of credit and other risks are appropriately regulated and supervised; and
enhancing customer protection.
For those purposes, the Authority shall contribute to the consistent, efficient and effective application of the acts referred to in paragraph 2, foster supervisory convergence, provide opinions to the European Parliament, the Council and the Commission, and undertake economic analyses of the markets to promote the achievement of the Authority's objective.
In the exercise of the tasks conferred upon it by this Regulation, the Authority shall pay particular attention to any systemic risk posed by financial institutions, the failure of which may impair the operation of the financial system or the real economy.
When carrying out its tasks, the Authority shall act independently, objectively and in a non-discriminatory manner, in the interests of the Union as a whole.