Question ID:
2013_411
Legal Act:
Directive 2013/36/EU (CRD)
Topic:
Other issues
Article:
68
Paragraph:
1
Subparagraph:
none
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Not applicable
Article/Paragraph:
none
Disclose name of institution / entity:
No
Type of submitter:
Competent authority
Subject Matter:
Publication of administrative penalties
Question:

Does the requirement to publish the administrative penalties (Article 68 of Directive 2013/36/EU (CRD)) include publishing supervisory powers listed in Article 104?

Background on the question:

Administrative penalties and supervisory powers are not defined in the CRD.

Date of submission:
21/10/2013
Published as Final Q&A:
26/09/2014
EBA Answer:

Article 68 of Directive 2013/36/EU (CRD) covers only the publications of administrative penalties. It does not require the disclosure of measures taken by the competent authority within the remit of supervisory powers as defined by Article 104 of CRD. 

DISCLAIMER:

This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Internal Market and Services) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The 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&As, 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.

Status:
Final Q&A
Answer prepared by:
Answer prepared by the European Commission because it is a matter of interpretation of Union law.
Note to Q&A:

Update 26.03.2021: This Q&A has not yet been reviewed by the European Commission in the light of the changes introduced to Directive 2013/36/EU (CRD).

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