Updated 22/10/2024
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Version from: 09/01/2024
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Article 5b - Reliance on credit ratings by the European Supervisory Authorities and the European Systemic Risk Board

Article 5b

Reliance on credit ratings by the European Supervisory Authorities and the European Systemic Risk Board

1.  
The European Supervisory Authority (European Banking Authority) (EBA) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council ( 11 ), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (EIOPA) established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council ( 12 ) and ESMA shall not refer to credit ratings in their guidelines, recommendations and draft technical standards where such references have the potential to trigger sole or mechanistic reliance on credit ratings by the competent authorities, the sectoral competent authorities, the entitites referred to in the first subparagraph of Article 4(1) or other financial market participants. Accordingly, by 31 December 2013, EBA, EIOPA and ESMA shall review and remove, where appropriate, all such references to credit ratings in existing guidelines and recommendations.
2.  
The European Systemic Risk Board (ESRB) established by Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board ( 13 ) shall not refer to credit ratings in its warnings and recommendations where such references have the potential to trigger sole or mechanistic reliance on credit ratings.


( 11 )  OJ L 331, 15.12.2010, p. 12.

( 12 )  OJ L 331, 15.12.2010, p. 48.

( 13 )  OJ L 331, 15.12.2010, p. 1.