Updated 05/02/2025
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Article 81 - Regulation 1093/2010 (EBA Regulation)

Attention! This article will be amended on 31/12/2025. Please consult Regulation 2024/1620 to review the changes that will be made to the article.

Article 81

Review

1.   By 2 January 2014, and every 3 years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and the procedures laid down in this Regulation. That report shall evaluate, inter alia:

(a)

the convergence in supervisory practices reached by competent authorities:

(i)

the convergence in functional independence of the competent authorities and in standards equivalent to corporate governance;

(ii)

the impartiality, objectivity and autonomy of the Authority;

(b)

the functioning of the colleges of supervisors;

(c)

the progress achieved towards convergence in the fields of crisis prevention, management and resolution, including Union funding mechanisms;

(d)

the role of the Authority as regards systemic risk;

(e)

the application of the safeguard clause established in Article 38;

(f)

the application of the binding mediation role established in Article 19.

2.   The report referred to in paragraph 1 shall also examine whether:

(a)

it is appropriate to continue separate supervision of banking, insurance, occupational pensions, securities and financial markets;

(b)

it is appropriate to undertake prudential supervision and supervise the conduct of business separately or by the same supervisor;

(c)

it is appropriate to simplify and reinforce the architecture of the ESFS in order to increase the coherence between the macro and the micro levels and between the ESAs;

(d)

the evolution of the ESFS is consistent with that of the global evolution;

(e)

there is sufficient diversity and excellence within the ESFS;

(f)

accountability and transparency in relation to publication requirements are adequate;

(g)

the resources of the Authority are adequate to carry out its responsibilities;

(h)

it is appropriate for the seat of the Authority to be maintained or to move the ESAs to a single seat to enhance better coordination between them.

3.   Concerning the issue of direct supervision of institutions or infrastructures of pan-European reach and taking account of market developments, the Commission shall draw up an annual report on the appropriateness of entrusting the Authority with further supervisory responsibilities in this area.

4.   The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council.