Art. 1
European Banking Authority Regulation · 32010R1093 · every event for this act · on EUR-Lex
Establishment and scope of action
5 changes recorded across 5 events, newest first.
in force 2025-12-31 MODIFIED+10 −11§
Amended by Regulation (EU) 2024/1620 32024R1620
applies from: unchanged
In the list of contributions in Article 1(5), the punctuation was altered so that point (f) now ends with a semicolon followed by 'and', and point (g) now ends with a full stop rather than a semicolon followed by 'and'.
As a result, the 'and' that previously linked point (g) to point (h) no longer appears between those two points.
Cited: Art. 1, v1 · Art. 1, v2
text before / after
02010R1093-20251110 → 02010R1093-20251231
Article 1
Establishment and scope of action
1. This Regulation establishes a European Supervisory Authority (European Banking Authority) (hereinafter the Authority).
2. The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2002/87/EC, Directive 2008/48/ECDirective 2008/48/EC … 910 unchanged words … transparency, efficiency and orderly functioning of financial markets;
(c) strengthening international supervisory coordination;
(d) preventing regulatory arbitrage and promoting equal conditions of competition;
(e) ensuring that the taking of credit and other risks are appropriately regulated and supervised;
(f) enhancing customer and consumer protection;
and
(g) enhancing supervisory convergence across the internal market; and market.
(h) preventing the use of the financial system for the purposes of money laundering and terrorist financing.
For those purposes, the Authority shall contribute to ensuring the consistent, efficient and effective application of the acts referred to in paragraph 2 of this Article, foster supervisory convergence, and provide opinions in accordance with Article 16a to the European Parliament, to the Council, and to the Commission.
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 and transparent manner, in the interests of the Union as a whole and shall respect, where relevant, the principle of proportionality. The Authority shall be accountable and act with integrity and shall ensure that all stakeholders are treated fairly.
The content and form of the Authority’s actions and measures, in particular guidelines, recommendations, opinions, questions and answers, draft regulatory standards and draft implementing standards, shall fully respect the applicable provisions of this Regulation and of the legislative acts referred to in paragraph 2. To the extent permitted and relevant under those provisions, the Authority’s actions and measures shall, in accordance with the principle of proportionality, take due account of the nature, scale and complexity of the risks inherent in the business of a financial institution, undertaking, other subject or financial activity, that is affected by the Authority’s actions and measures.
6. The Authority shall establish, as an integral part thereof, a Committee advising it as to how, in full compliance with applicable rules, its actions and measures should take account of specific differences prevailing in the sector, pertaining to the nature, scale and complexity of risks, to business models and practice as well as to the size of financial institutions and of markets to the extent that such factors are relevant under the rules considered.
in force 2024-12-30 MODIFIED§
Amended by Regulation (EU) 2023/1114 32023R1114
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2023-05-31
The list of legislative acts within the Authority's scope of action now includes Regulation (EU) 2023/1114 on markets in crypto-assets, which was not named in the earlier version.
The reference to Directive 2013/36/EU also drops the phrase describing prudential supervision as extending to investment firms, now referring only to the prudential supervision of credit institutions.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →
in force 2020-01-01 MODIFIED§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2008-04-23, 2010-11-24, 2014-07-23
The scope-of-action list in paragraph 2 now includes Directive 2008/48/EC and Directive 2014/92/EU, and it adds a new paragraph extending the Authority's action to Directive (EU) 2015/849 and Regulation (EU) 2015/847 to the extent they apply to financial sector operators, together with a mechanism for carrying out tasks conferred on the insurance and securities supervisory authorities and consulting and informing them.
Paragraph 3 now refers to legislative acts rather than acts and adds consideration of sustainable business models and environmental, social and governance factors, while paragraph 5 adds new objectives on supervisory convergence and on preventing money laundering and terrorist financing, changes the opinion-giving reference to Article 16a, and adds text on proportionality, accountability, integrity, fair treatment of stakeholders, and how the content of the Authority's actions must respect applicable provisions.
A new paragraph 6 is added establishing a Committee to advise the Authority on how its actions and measures should account for sector-specific differences in risk, business models, practices, and the size of financial institutions and markets.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →
in force 2016-01-12 MODIFIED§
Amended by Directive (EU) 2015/2366 32015L2366
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2014-04-16, 2015-05-20, 2015-11-25
Paragraph 2's list of acts within the Authority's scope of action was revised: references to Directive 94/19/EC and Regulation (EC) No 1781/2006 were removed, and Directive 2014/49/EU, Regulation (EU) 2015/847 and Directive (EU) 2015/2366 were added among the acts within the Authority's scope.
In the same paragraph, the reference to Directive 2005/60/EC among the acts applying to credit and financial institutions was replaced with a reference to Directive (EU) 2015/849, while Directive 2007/64/EC and Directive 2009/110/EC were removed from that clause, with Directive 2009/110/EC instead appearing earlier in the list of directly scoped acts.
Cited: Art. 1, v1 · Art. 1, v2
text before / after, on the event page →
in force 2013-10-30 MODIFIED§
Amended by Regulation (EU) No 1022/2013 32013R1022
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2013-06-26, 2013-10-15
The list of acts defining the Authority's scope of action in paragraph 2 was changed to remove references to Directive 2006/48/EC and Directive 2006/49/EC and to add Regulation (EU) No 575/2013 and Directive 2013/36/EU, along with a new sentence stating the Authority shall also act in accordance with Council Regulation (EU) No 1024/2013.
In paragraph 5, the closing sentence on how the Authority acts when carrying out its tasks was changed from acting independently and objectively in the interest of the Union alone, to acting independently, objectively and in a non-discriminatory manner, in the interests of the Union as a whole.
The earlier version of Article 1 referenced Directive 2006/48/EC and Directive 2006/49/EC and did not contain any reference to Regulation (EU) No 1024/2013.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →