emendrix

Art. 30

European Banking Authority Regulation · 32010R1093 · every event for this act · on EUR-Lex

Peer reviews of competent authorities

3 changes recorded across 3 events, newest first.

in force 2025-11-10 MODIFIED+240 −5

Amended by Regulation (EU) 2025/2088 32025R2088

applies from: unchanged

Point (d) of Article 30(3) now ends with a semicolon instead of a full stop, and a new point (e) has been added covering an assessment of the effectiveness and degree of convergence of reporting and disclosure requirements adopted in application or implementation of Union law, while considering the specific characteristics of national financial legal frameworks.

The prior version of Article 30(3) ended at point (d) with no equivalent point (e) present.

Cited: Art. 30, v2 · Art. 30, v1

text before / after

02010R1093-2024123002010R1093-20251110

Article 30 Peer reviews of competent authorities 1. The Authority shall periodically conduct peer reviews of some or all of the activities of competent authorities, to further strengthen consistency and effectiveness in supervisory outcomes. To that end, the Authority shall develop methods to allow for an objective assessment and comparison between the competent authorities reviewed. When planning and conducting peer reviews, existing information and evaluations already made with regard to the competent authority concerned, including any relevant information provided to the Authority in accordance with Article 35, and any relevant information from stakeholders shall be taken into account. 2. For the purposes of this Article, the Authority shall establish ad hoc peer review committees, which shall be composed of staff from the Authority and members of the competent authorities. The peer review committees shall be chaired by a member of the Authority’s staff. The Chairperson, after consulting the Management Board and following an open call for participation, shall propose the chair and the members of a peer review committee which shall be approved by the Board of Supervisors. The proposal shall be deemed to be approved unless, within 10 days of the Chairperson proposing it, the Board of Supervisors adopts a decision to reject it. 3. The peer review shall include an assessment of, but shall not be limited to: (a) the adequacy of resources, the degree of independence, and governance arrangements of the competent authority, with particular regard to the effective application of the legislative acts referred to in Article 1(2) and the capacity to respond to market developments; (b) the effectiveness and the degree of convergence reached in the application of Union law and in supervisory practice, including regulatory technical standards and implementing technical standards, guidelines and recommendations adopted pursuant to Articles 10 to 16, and the extent to which the supervisory practice achieves the objectives set out in Union law; (c) the application of best practices developed by competent authorities whose adoption might be of benefit for other competent authorities; (d) the effectiveness and the degree of convergence reached with regard to the enforcement of the provisions adopted in the implementation of Union law, including the administrative sanctions and other administrative measures imposed against persons responsible where those provisions have not been complied with. with; (e) the effectiveness and the degree of convergence of reporting and disclosure requirements adopted in application or implementation of Union law, while considering the specific characteristics of national financial legal frameworks. 4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the peer review committee and adopted by the Board of Supervisors in accordance with Article 44(3a). When … 531 unchanged words … 45b. The peer review work plan shall constitute a separate part of the annual and multiannual working programme. It shall be made public. In case of urgency or unforeseen events, the Authority may decide to carry out additional peer reviews.

in force 2020-01-01 MODIFIED

Amended by Regulation (EU) 2019/2175 32019R2175

applies from: unchanged

The provision expands from a short article of four paragraphs into a much longer structure, adding new requirements such as the establishment of ad hoc peer review committees with a defined nomination and approval process, a formal peer review report adopted by the Board of Supervisors, a follow-up report after two years, publication of reasoned main findings with a confidentiality and referral mechanism, and a biennial peer review work plan tied to the working programme.

Paragraph 1's wording changes from organising and conducting peer reviews to strengthen consistency to conducting peer reviews to strengthen consistency and effectiveness, and it adds that information provided under Article 35 and information from stakeholders shall also be taken into account.

The list of assessment criteria in what is now paragraph 3 is reworded, adding degree of independence, referring only to legislative acts under Article 1(2) rather than to technical standards under Articles 10 to 15, and rephrasing the best-practices and sanctions items, while the opinion-to-the-Commission provision moves to a new paragraph 5 with different wording about the necessity of further harmonisation.

Cited: Art. 30, v1 · Art. 30, v2

text before / after, on the event page →

in force 2013-10-30 MODIFIED

Amended by Regulation (EU) No 1022/2013 32013R1022

applies from: unchanged

The last sentence of paragraph 3 now states that when developing draft regulatory or implementing technical standards, the Authority shall take into account the outcome of the peer review together with any other information acquired in carrying out its tasks, in order to ensure convergence of standards and practices of the highest quality, whereas the earlier text referred only to taking into account the outcome of the peer review.

A new paragraph 3a has been added, providing that the Authority shall submit an opinion to the Commission where the peer review or other information it acquires in carrying out its tasks shows that a legislative initiative is necessary to ensure further harmonisation of prudential rules.

Cited: Art. 30, v1 · Art. 30, v2

text before / after, on the event page →