Art. 1
European Banking Authority Regulation · 32010R1093 · every event for this act · on EUR-Lex
Establishment and scope of action
5 changes recorded across 5 events, newest first.
in force 2025-12-31 MODIFIED+10 −11§
Amended by Regulation (EU) 2024/1620 32024R1620
applies from: unchanged
In the list of contributions in Article 1(5), point (f) now ends with "and" instead of a semicolon, and point (g) ends with a full stop instead of "; and", so that the punctuation linking points (f), (g) and (h) has been rearranged.
Cited: Art. 1, v1 · Art. 1, v2
text before / after
02010R1093-20251110 → 02010R1093-20251231
Article 1
Establishment and scope of action
1. This Regulation establishes a European Supervisory Authority (European Banking Authority) (hereinafter the Authority).
2. The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2002/87/EC, Directive 2008/48/EC
Directive 2008/48/EC … 910 unchanged words … transparency, efficiency and orderly functioning of financial markets;
(c) strengthening international supervisory coordination;
(d) preventing regulatory arbitrage and promoting equal conditions of competition;
(e) ensuring that the taking of credit and other risks are appropriately regulated and supervised;
(f) enhancing customer and consumer protection;
and
(g) enhancing supervisory convergence across the internal market; and market.
(h) preventing the use of the financial system for the purposes of money laundering and terrorist financing.
For those purposes, the Authority shall contribute to ensuring the consistent, efficient and effective application of the acts referred to in paragraph 2 of this Article, foster supervisory convergence, and provide opinions in accordance with Article 16a to the European Parliament, to the Council, and to the Commission.
In the exercise of the tasks conferred upon it by this Regulation, the Authority shall pay particular attention to any systemic risk posed by financial institutions, the failure of which may impair the operation of the financial system or the real economy.
When carrying out its tasks, the Authority shall act independently, objectively and in a non-discriminatory and transparent manner, in the interests of the Union as a whole and shall respect, where relevant, the principle of proportionality. The Authority shall be accountable and act with integrity and shall ensure that all stakeholders are treated fairly.
The content and form of the Authority’s actions and measures, in particular guidelines, recommendations, opinions, questions and answers, draft regulatory standards and draft implementing standards, shall fully respect the applicable provisions of this Regulation and of the legislative acts referred to in paragraph 2. To the extent permitted and relevant under those provisions, the Authority’s actions and measures shall, in accordance with the principle of proportionality, take due account of the nature, scale and complexity of the risks inherent in the business of a financial institution, undertaking, other subject or financial activity, that is affected by the Authority’s actions and measures.
6. The Authority shall establish, as an integral part thereof, a Committee advising it as to how, in full compliance with applicable rules, its actions and measures should take account of specific differences prevailing in the sector, pertaining to the nature, scale and complexity of risks, to business models and practice as well as to the size of financial institutions and of markets to the extent that such factors are relevant under the rules considered.
in force 2024-12-30 MODIFIED§
Amended by Regulation (EU) 2023/1114 32023R1114
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2023-05-31
The list of legislative acts within the Authority's scope of action in paragraph 2 now also includes Regulation (EU) 2023/1114 on markets in crypto-assets, alongside the previously listed acts.
The description of Directive 2013/36/EU's subject matter in the accompanying footnote text was also shortened, dropping the reference to prudential supervision of investment firms.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →
in force 2020-01-01 MODIFIED§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2008-04-23, 2010-11-24, 2014-07-23
The scope of action in paragraph 2 now adds Directive 2008/48/EC and Directive 2014/92/EU to the list of acts, moves the treatment of Directive (EU) 2015/849 and Regulation (EU) 2015/847 into a separate new passage describing cooperation with the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority, and adds consultation and information-sharing obligations toward those two authorities.
Paragraph 3 now refers to 'legislative acts referred to in paragraph 2' rather than simply 'acts', and adds a reference to taking into account sustainable business models and environmental, social and governance factors.
Paragraph 5 adds new objectives on enhancing supervisory convergence and on preventing money laundering and terrorist financing, changes the reference to providing opinions so that it is done 'in accordance with Article 16a', adds duties to act transparently, respect proportionality, be accountable, act with integrity, and treat stakeholders fairly, and adds new text on the content and form of the Authority's actions respecting proportionality; paragraph 6, which did not previously exist in this form, now establishes a Committee to advise the Authority on how its actions should take account of sectoral differences.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →
in force 2016-01-12 MODIFIED§
Amended by Directive (EU) 2015/2366 32015L2366
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2014-04-16, 2015-05-20, 2015-11-25
The list of legislative acts within the Authority's scope of action in paragraph 2 has been revised, removing references to Directive 94/19/EC, Regulation (EC) No 1781/2006, Directive 2007/64/EC and Directive 2005/60/EC.
In their place, the provision now names Directive 2014/49/EU, Regulation (EU) 2015/847, Directive (EU) 2015/2366 and Directive (EU) 2015/849, alongside the previously listed acts.
The full citation details for Regulation (EU) No 575/2013 and Directive 2013/36/EU have also been expanded with fuller footnote text.
Cited: Art. 1, v1 · Art. 1, v2
text before / after, on the event page →
in force 2013-10-30 MODIFIED§
Amended by Regulation (EU) No 1022/2013 32013R1022
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2013-06-26, 2013-10-15
The list of acts defining the scope of the Authority's action in paragraph 2 was revised by removing references to Directive 2006/48/EC and Directive 2006/49/EC and adding references to Regulation (EU) No 575/2013 and Directive 2013/36/EU, and a new sentence was added stating that the Authority shall also act in accordance with Council Regulation (EU) No 1024/2013.
In the same paragraph the order of some directives listed was rearranged, with Directive 94/19/EC moved earlier and Directive 2002/65/EC and Directive 2005/60/EC repositioned relative to each other, compared with the earlier text.
In paragraph 5, the closing sentence on how the Authority shall act was changed from acting independently and objectively and in the interest of the Union alone to acting independently, objectively and in a non-discriminatory manner, in the interests of the Union as a whole.
Cited: Art. 1, v2 · Art. 1, v1
text before / after, on the event page →