In accordance with Article 16b) of the EBA founding Regulation, stakeholders can submit questions on the practical application or implementation of the provisions of legislative acts referred to in Article 1(2) of the EBA's founding Regulation, as well as the associated Delegated and Implementing acts, RTS, ITS, Guidelines and Recommendations, adopted under these legislative acts.
- Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms (the Capital Requirements Directive or CRD);
- Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (the Capital Requirements Regulation or CRR);
- Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, (Bank Recovery and Resolution Directive or BRRD);
- Directive 2014/49/EU on deposit guarantee schemes (DGSD);
- Directive (EU) 2015/2366 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Payment Services Directive 2 or PSD2);
- Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (Mortgage Credit Directive or MCD);
- Regulation (EU) 2017/2402 down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (Simple, transparent and standardised Securitisation Regulation or SecReg);
- Directive 2008/48/EC on credit agreements for consumers and repealing Directive 87/102/EEC (Consumer Credit Directive or CCD);
- Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (E-money Directive or EMD);
- Directive 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (Payment Account Directive or PAD);
- Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC and Directive 2006/70/EC (Anti Money Laundering Directive or AMLD);
- Regulation (EU) 2015/847 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (Wire Transfer Regulation or WTR)
- Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (Interchange Fee Regulation or IcFR);
- Directive 2002/65/EC (concerning the distance marketing of consumer financial services and amending Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (Distance Market Directive or DMD) – relevant parts only.
NB: Unless otherwise specified in Q&As, references to the above legal acts are to be understood as dynamic and as referring to the version of the legal act applicable at the Q&A’s date of publication.
Questions on legal acts referred to under Article 1 (2) of the EBA’s founding Regulation or within the scope of the EBA’s powers that are not listed here can be submitted choosing the ‘Other’ option in the ‘Legal Act’ field of the ‘Submit a question’ page.
Q&As on legislation of relevance to more than one ESA can be accessed under https://www.eba.europa.eu/about-us/organisation/joint-committee/q-and-s
Important note to users:
The questions submitted should focus on provisions that are already applicable. For questions on issues whose application date lies in the future, the EBA may defer the processing of the questions to a later stage. The processing of questions and the response time may also depend on the overall number of questions that will be received on the amended texts.
The Q&A process entails close and ongoing interaction between the EBA, the European Commission and Competent Authorities to ensure that the responses to the questions submitted remain consistent with the European legislative texts.
Any natural or legal person, including competent authorities and Union institutions and bodies can use the Single Rulebook Q&A tool for submitting questions on the legislative acts referred to in Article 1(2) of the EBA’s founding Regulation and their associated Delegated and Implementing Acts, RTS, ITS, Guidelines, or Recommendations.
Questions should relate to the practical application or implementation of provisions of the relevant Legal Act and/or associated Delegated or Implementing Acts, RTS, ITS, Guidelines, or Recommendations. They should be as short and concise as possible. Legal provisions can be included provided they are short, otherwise the use of references is preferable. Hypothetical (what if) questions should best be avoided. Questions that require the interpretation of these legal instruments will be forwarded to the European Commission who will prepare answers.
Article 16(b)(2) of the EBA’s founding Regulation states that Answers to Q&As have no binding force in law. Further, Q&As are not subject to "comply or explain". However, their application is scrutinised and challenged by the EBA and national supervisory authorities given their 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.
Final answers will be published on Fridays between 1pm and 2pm Central European Time (CET) - adjusted for summer time as appropriate - except if this coincides with an EBA public holiday. In this instance, answers will be published on the preceding working day.
IMPORTANT: Please note that the EBA only starts accepting questions on the application and implementation of Delegated or Implementing Acts, RTS, or ITS related to the legislative acts referred to in Article 1(2) of the EBA’s founding Regulation 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 may publish 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 in the Official Journal of the European Union.
Before posting a question, users should read the revised Additional background and guidance for asking questions.
Users should take a note of the following points in particular (some of which reflect changes stemming from the EBA founding Regulation):
- In accordance with Article 16b (3) of the EBA founding Regulation, all questions under review are to be published on the EBA’s website ‘unless such publication is in conflict with the legitimate interest of those persons or would involve risks to the stability of the financial system’.
- Rejected questions are published for a period of 2 months, to facilitate illustrating the types of questions that are not suitable. Questions are rejected when requirements set out in the Additional background and guidance for asking questions are not met.
- The Q&A pages are organised in a way that encourages users to use the 'Search for Q&As' function and to refer to the guidance mentioned above before submitting any questions.
A compilation (in pdf format) of all final Q&As, or subsets, can be obtained via the 'Search for Q&As' function. For additional information, please refer to point 19 of the Additional background and guidance for asking questions
Update: In March 2021 the EBA has completed a review of the final published CRR-CRD and BRRD Q&As against the revised versions of those legislative acts following the amendments introduced in June 2019. This review led to changes for many Q&As, with many having been archived or amended. The changes have been reflected in the tool, either in the archive tab, or by highlighting changes in the final answers as appropriate. (It is noted that the background to questions has only been updated where absolutely necessary.)
An overview of all the reviewed Q&As (updated on 17.09.2021) – grouped by Legal act and filterable by topic – can be accessed here and allows stakeholders to see this information in one place.
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Please note: From 25.5.2021 you need a user account in order to submit a Q&A. When following 'Submit a question', you will be asked to enter your login details, if you already have an account, or you can create one as ‘public user’ (or as an ‘extranet user’, in case you work for an EEA competent authority or an observer organisation in the EBA). |