EBA publishes final draft technical standards on supervisory disclosure under the Investment Firms Directive

The European Banking Authority (EBA) published today its final draft Implementing Technical Standards (ITS) on information on supervisory approaches and aggregate statistical data concerning the new prudential requirements that competent authorities will have to disclose publicly for all types of investment firms authorised under the Markets in Financial Instruments Directive (MiFID). These final draft technical standards, which are part of the Phase 2 mandates of the EBA Roadmap on investment firms, will ensure that the disclosed information is comprehensive and comparable across all Member States.

The disclosed information covers the following areas:

• the text of laws, regulations, administrative rules and general guidance adopted in each Member State;
• options and discretions in the application of the prudential requirements;
• criteria and methodologies of the supervisory review and evaluation process (SREP);
• aggregated statistical data on prudential requirements.

Competent authorities will have to start disclosing this information in June 2022.

Legal basis and background

The EBA has developed these draft ITS according to Article 57(4) of the Directive (EU) 2019/2034, which mandates the Authority to determine the format, structure, content lists and annual publication date of the information listed in paragraph 1 of Article 57 of that Directive.

Directive (EU) 2019/2034 (IFD) was published in the Official Journal on 5 December 2019 and, together with the Regulation (EU) 2019/2033 (IFR), represent the new prudential framework for investment firms authorised under MIFID.