EBA · 2013_411 Final Q&A

Publication of administrative penalties

Regulation
Directive 2013/36/EU (CRD)
Article
68, para. 1
Topic
Other issues
Submitted by
Competent authority
Submitted
2013-10-21
Answered
2014-09-26
Answer provided by
ESAs (EBA, ESMA, EIOPA)

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

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

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.

Original source: European Banking Authority, Q&A ID 2013_411

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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