Skip to content
Banking Rule Book
Text applicable on 2 Jul 2014Consolidated version of 2 Jul 2014Earlier versionUpcoming changefrom 19 Aug 2014Unofficial text · authentic on EUR-Lex (opens in a new tab)

EBAR Article 36 — as applicable on 2 Jul 2014 (version of 2 Jul 2014)

Upcoming changeThis provision is amended or removed from 1 Jan 2020.View that version

Article 36

Relationship with the ESRB

Amendment details· last amended 30 Oct 2013
Versions of this provision:16 Dec 201030 Oct 20131 Jan 2020

Last amended 30 Oct 2013 by Regulation (EU) No 1022/2013 of 22 October 2013.

Show the full history or compare two dates

1.

The Authority shall cooperate closely and on a regular basis with the ESRB.

2.

The Authority shall provide the ESRB with regular and timely information necessary for the achievement of its tasks. Any data necessary for the achievement of its tasks that are not in summary or aggregate form shall be provided, without delay, to the ESRB upon a reasoned request, as specified in Article 15 (opens EUR-Lex in a new tab) of Regulation (EU) No 1092/2010 (opens EUR-Lex in a new tab). The Authority, in cooperation with the ESRB, shall have in place adequate internal procedures for the transmission of confidential information, in particular information regarding individual financial institutions.

3.

The Authority shall, in accordance with paragraphs 4 and 5, ensure a proper follow-up to ESRB warnings and recommendations referred to in Article 16 (opens EUR-Lex in a new tab) of Regulation (EU) No 1092/2010 (opens EUR-Lex in a new tab).

4.

On receipt of a warning or recommendation from the ESRB addressed to the Authority, the Authority shall convene a meeting of the Board of Supervisors without delay and assess the implications of such a warning or recommendation for the fulfilment of its tasks.

It shall decide, by the relevant decision-making procedure, on any actions to be taken in accordance with the powers conferred upon it by this Regulation for addressing the issues identified in the warnings and recommendations.

If the Authority does not act on a recommendation, it shall explain to the Council and to the ESRB its reasons for not doing so. The ESRB shall inform the European Parliament thereof in accordance with Article 19(5) (opens EUR-Lex in a new tab) of Regulation (EU) No 1092/2010 (opens EUR-Lex in a new tab).

5.

On receipt of a warning or recommendation from the ESRB addressed to a competent national supervisory authority, the Authority shall, where relevant, use the powers conferred upon it by this Regulation to ensure a timely follow-up.

Where the addressee intends not to follow the recommendation of the ESRB, it shall inform and discuss with the Board of Supervisors its reasons for not acting.

Where the competent authority, in accordance with Article 17(1) (opens EUR-Lex in a new tab) of Regulation (EU) No 1092/2010 (opens EUR-Lex in a new tab), informs the Council and the ESRB of the actions it has undertaken in response to a recommendation of the ESRB, it shall take due account of the views of the Board of Supervisors and shall also inform the Commission.

6.

In discharging the tasks set out in this Regulation, the Authority shall take the utmost account of the warnings and recommendations of the ESRB.