Consultation on draft ITS on the format, structure, contents list and annual publication date of the supervisory information to be disclosed by competent authorities under Article 57(4) of IFD

The European Banking Authority (EBA) launched today a public consultation on its draft Implementing Technical Standards (ITS) on the information concerning the new prudential requirements that competent authorities will be required to disclose publicly for all types of investment firms authorised under the Markets in Financial Instruments Directive (MiFID). The draft ITS, which are part of the phase 2 mandates of the EBA Roadmap on investment firms, aim at ensuring that the disclosed information is comprehensive and comparable across all Member States. The consultation runs until 11 May 2021.

The information that competent authorities will have to disclose every year covers supervisory approaches and aggregate statistical data on the new prudential requirements for investment firms. In particular, the 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.

The first disclosure date under these draft ITS is set by 30 June 2022.

Consultation process

Comments to the Consultation Paper can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 11 May 2021.

A public hearing on this consultation will take place via conference call on the 19 March 2021 from 10:00 to 11:30 CET.

All contributions received will be published following the end of the consultation, unless requested otherwise.

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), sets up the new prudential framework for investment firms authorised under MIFID.