ARTICLE
27 May 2016

European Banking Authority Argues For Powers To Update Benchmarking Portfolios For Annual Benchmarking Exercise

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On May 12, 2016, the EBA published an Opinion on the European Commission's proposed amendments to the EBA's final draft ITS on benchmarking of internal approaches to regulatory capital.
European Union Finance and Banking

On May 12, 2016, the EBA published an Opinion on the European Commission's proposed amendments to the EBA's final draft ITS on benchmarking of internal approaches to regulatory capital. The Capital Requirements Directive sets out a framework for supervisory benchmarking of the internal approaches that EU firms use to calculate own-funds requirements for credit and market risk exposures. The final draft ITS, submitted by the EBA to the Commission in March 2015, include the benchmarking portfolios, templates, definitions and IT solutions for usage in that exercise. On April 16, 2016, the European Commission informed the EBA that it intended to adopt the final draft ITS with amendments. The Commission's proposed amendments are those agreed with the EBA following the 2014-2015 supervisory benchmarking exercise. In the Opinion, the EBA confirmed its agreement to the Commission's proposed amendments to the ITS and recommended that the benchmarking portfolios, detailed reporting templates and instructions should not be included in the ITS going forwards, because they will need to be updated annually prior to each supervisory benchmarking exercise. The EBA proposes that it should be given new powers to update the benchmarking portfolios, detailed reporting templates and instructions, so that the updates can be done more quickly and allowing firms more time to prepare for the annual exercise.

The EBA's Opinion is available at: http://www.eba.europa.eu/documents/10180/1461618/EBA-Op-2016-09+EBA+Opinion+on+Commission+amendments+to+ITS+on+benchmarking+of+internal+approaches.pdf  and the EBA's letter to the Commission is available at: http://www.eba.europa.eu/documents/10180/1461618/%28EBA+2016+D+698%29%20 Letter+to+O.+Guersent%2C%20DG+FISMA%2C%20EBA+Opinion+on+ITS+on+Benchmarking.pdf .

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