Single Rulebook Q&A
Important note to users - Introduction of the DGSD to the Q&A tool
The EBA has recently introduced the DGSD to the Q&A tool. Stakeholders can now submit questions on the following legislative texts: CRD, CRR, BRRD, and DGSD.
The overall objective of the Q&A tool is to ensure consistent and effective application of the new regulatory framework across the Single Market, and hence contribute to the building of the Single Rulebook in banking.
The process entails close and ongoing interaction between the EBA and the European Commission to ensure that the responses to the questions submitted remain consistent with the European legislative texts.
Institutions, supervisors and other stakeholders can use the Single Rulebook Q&A tool for submitting questions on Directive 2013/36/EU (the Capital Requirements Directive or CRD), and Regulation (EU) No 575/2013 (the Capital Requirements Regulation or CRR), Directive 2014/59/EU (Bank Recovery and Resolution Directive or BRRD); Directive 2014/49/EU (Deposit Guarantee Schemes Directive or DGSD; the related technical standards developed by the EBA and adopted by the European Commission (RTS and ITS), as well as the EBA guidelines.
The Q&As have no binding force in law, nor are they subject to "comply or explain". However their application will be rigorously scrutinised and challenged by the EBA and national supervisory authorities given their undoubted practical significance to achieve a level-playing field. Peer pressure and market discipline are also expected to play a driving force in ensuring adherence to and compliance with the answers provided in the Q&A process.
For questions that go beyond matters of consistent and effective application of the regulatory framework a Directorate-General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) will prepare answers, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. These answers will be unofficial opinions of that Directorate General, which the EBA publishes on its behalf. These answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&A, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.
Final answers will be published on Fridays between 12pm and 1pm GMT, except if this coincides with an EU public holiday. In this instance answers will be published on the preceding working day between 12pm and 1pm GMT (or BST as appropriate).
IMPORTANT: Please note that the EBA only starts accepting questions on the application and implementation of technical standards related to the CRD; CRR; BRRD; and the DGSD, once these are published on the Official Journal of the European Union. An exception is made with respect to certain draft Implementing Technical Standards on Supervisory Reporting, as the EBA needs to address these on a timely basis in order to allow institutions to make the necessary preparations or changes to their reporting systems. The EBA has begun to publish the provisional answers to questions; however, it is important to note that these should not be considered final until the Implementing Technical Standards on Supervisory Reporting they refer to are endorsed by the European Commission and published on the Official Journal of the European Union.
Features to the Q&A tool
The EBA previously introduced some important changes to the way the Q&A tool is operated. Before posting a question, users should read the revised Additional background and guidance for asking questions to learn about the changes in the tool.
We recommend that users take a note of the following points in particular: