Article 1, Point (5) · Regulation (EU) 2019/2175

Contents

(5)Article 8 is amended as follows:

(a)paragraph 1 is amended as follows:

(i)point (a) is replaced by the following:

(a)based on the legislative acts referred to in Article 1(2), to contribute to the establishment of high-quality common regulatory and supervisory standards and practices, in particular by developing draft regulatory and implementing technical standards, guidelines, recommendations, and other measures, including opinions;’;

(ii)point (aa) is replaced by the following:

(aa)to develop and maintain an up-to-date Union supervisory handbook on the supervision of financial institutions in the Union which is to set out supervisory best practices and high-quality methodologies and processes and takes into account, inter alia, changing business practices and business models and the size of financial institutions and of markets;’;

(iii)the following point is inserted:

(ab)to develop and maintain an up-to-date Union resolution handbook on the resolution of financial institutions in the Union which is to set out best practices and high-quality methodologies and processes for resolution, taking into account the work of the Single Resolution Board, and changing business practices and business models and the size of financial institutions and of markets;’;

(iv)point (b) is replaced by the following:

(b)to contribute to the consistent application of legally binding Union acts, in particular by contributing to a common supervisory culture, ensuring consistent, efficient and effective application of the legislative acts referred to in Article 1(2), preventing regulatory arbitrage, fostering and monitoring supervisory independence, mediating and settling disagreements between competent authorities, ensuring effective and consistent supervision of financial institutions, ensuring a coherent functioning of colleges of supervisors and taking actions, inter alia, in emergency situations;’;

(v)points (e) to (h) are replaced by the following:

(e)to organise and conduct peer reviews of competent authorities, and, in that context, to issue guidelines and recommendations and to identify best practices, with a view to strengthening consistency in supervisory outcomes;

(f)to monitor and assess market developments in the area of its competence including where relevant, developments relating to trends in credit, in particular, to households and SMEs and in innovative financial services duly considering developments relating to environmental, social and governance related factors;

(g)to undertake market analyses to inform the discharge of the Authority’s functions;

(h)to foster, where relevant, depositor, consumer and investor protection, in particular with regards to shortcomings in a cross-border context and taking related risks into account;’;

(vi)the following point is inserted:

(ia)to contribute to the establishment of a common Union financial data strategy;’;

(vii)the following point is inserted:

(ka)to publish on its website, and to update regularly, all regulatory technical standards, implementing technical standards, guidelines, recommendations and questions and answers for each legislative act referred to in Article 1(2), including overviews that concern the state of play of ongoing work and the planned timing of the adoption of draft regulatory technical standards and draft implementing technical standards.’;

(viii)the following point is added:

(l)to contribute to the prevention of the use of the financial system for the purposes of money laundering and terrorist financing, including by promoting consistent, efficient and effective application of legislative acts referred to in Article 1(2) of this Regulation, Article 1(2) of Regulation (EU) No 1094/2010 and Article 1(2) of Regulation (EU) No 1095/2010 respectively with regard to the prevention of the use of the financial system for the purpose of money laundering or terrorist financing.’;

(b)in paragraph 1a, point (b) is replaced by the following:

(b)with due regard to the objective to ensure the safety and soundness of financial institutions, take fully into account the different types, business models and sizes of financial institutions; and’;

(c)in paragraph 1a, the following point is added:

(c)take account of technological innovation, innovative and sustainable business models, and the integration of environmental, social and governance related factors.’;

(d)paragraph 2 is amended as follows:

(i)the following point is inserted:

(ca)issue recommendations, as laid down in Article 29a;’;

(ii)the following point is inserted:

(da)issue warnings in accordance with Article 9(3);’;

(iii)point (g) is replaced by the following:

(g)issue opinions to the European Parliament, to the Council, or to the Commission as provided for in Article 16a;’;

(iv)the following points are inserted:

(ga)issue answers to questions, as laid down in Article 16b;

(gb)take action in accordance with Article 9c;’;

(e)paragraph 2a is replaced by the following:‘3.When carrying out the tasks referred to in paragraph 1 and exercising the powers referred to in paragraph 2, the Authority shall act based on and within the limits of the legislative framework and shall have due regard to the principle of proportionality, where relevant, and better regulation, including the results of cost-benefit analyses in accordance with this Regulation.The open public consultations referred to in Articles 10, 15, 16 and 16a shall be conducted as widely as possible to ensure an inclusive approach towards all interested parties and shall allow reasonable time for stakeholders to respond. The Authority shall publish a summary of the input received from stakeholders and an overview of how information and views gathered from the consultation were used in a draft regulatory technical standard and a draft implementing technical standard.’;