EBA Identifies Issues in Cross-Border Banking and Payment Services
EBA published a report that identifies potential impediments to the cross-border provision of banking and payment services in EU. The report focuses on issues in identification of a digital activity to be regarded as a cross-border provision of services. The report also identifies issues in areas of authorizations and licensing, consumer protection and conduct of business requirements, and anti-money laundering, building on the matters highlighted in the Consumer Financial Services Action Plan of EC and the FinTech Roadmap of EBA. The report highlights possible actions for the EC and EBA. EBA also published a list of frequently asked questions on this report.
The first important challenge is the identification of when a digital activity is to be regarded as a cross-border provision of services. The report highlights that the current EC interpretative communications do not reflect technological developments or accurately specify criteria for digital activity to be classified as cross-border. In particular, digital solutions provide new ways for institutions, including new entrant fintech firms, to reach consumers in multiple jurisdictions but competent authorities and consumers face difficulties in determining when such activities constitute cross-border business under the freedom to provide services. Although this issue is not limited to financial services, EBA highlights the need for EC to update its 1997 Communication to promote greater convergence of practices in determining when business is to be regarded as being provided cross-border under the freedom to provide services, taking particular account of technological developments. The second challenge stems from areas of EU law that are not fully harmonized or are not yet covered by EU law. In particular:
- Authorizations. From this perspective, competent authorities lack visibility on institutions’ cross-border activities. In this regard, changes in Level 1 text could strengthen the reporting requirements of cross-border activities by institutions to home and host authorities. Development of legislative proposals to introduce at Level 1 include formulating new reporting requirements for cross-border activities by institutions to home and host competent authorities and mandating EBA to issue guidelines to promote more consistent communication, by competent authorities, of requirements imposed in host jurisdictions. EBA stands ready to enhance supervisory convergence efforts by the use of the Q&A tool, where appropriate and by further encouraging home-host dialog on the provision of services cross-border, including initiatives such as holding EBA workshops and training.
- Conduct of business and consumer protection requirements. To facilitate and possibly enable the scaling up of services provision across the EU Single Market and to ensure an adequate and uniform level of consumer protection across the EU, further harmonization in the area of conduct of business and consumer protection requirements would be required. Development of legislative proposals to further harmonize at Level 1 include consumer-facing disclosure requirements; allocation of home or host responsibilities for the supervision of complaints handling in the context of cross-border services; and supervisory powers regarding the right of establishment and freedom to provide services cross-border.
- Money laundering and terrorist financing. The analysis conducted identifies regulatory divergence, arising from the minimum harmonization directive, as one of the main factors impacting the cross-border operations. EBA considers that potential changes to the Level 1 text could be necessary, including potential new mandates for EBA to produce technical standards or guidelines to promote further convergence in the application of supervisory measures.
EBA will continue to monitor the adoption of digital solutions in the context of the provision of banking and payments services and take further action as required should new issues emerge that may impede the capacity for financial institutions to provide services cross-border.
Keywords: Europe, EU, Banking, Cross-Border Activities, Fintech Roadmap, AML/CFT, Level 1, Reporting, Supervisory Convergence, EC, EBA
Skilled market researcher; growth strategist; successful go-to-market campaign developer
Works with financial institutions, regulatory experts, business analysts, product managers, and software engineers to drive regulatory solutions across the globe.
Scott is a Director in the Regulatory and Accounting Solutions team responsible for providing accounting expertise across solutions, products, and services offered by Moody’s Analytics in the US. He has over 15 years of experience leading auditing, consulting and accounting policy initiatives for financial institutions.
Previous ArticleFSB Chair Issues Letter on Implementation of G20 Reforms
NGFS Updates Address Short-Term Climate Scenarios and Transition Plans
The Network for Greening the Financial System (NGFS) is exploring the development of short-term climate scenarios to complement its existing scenario framework of long-term climate scenarios.
ISSB Updates Address ESG Issues while IASB Consults on Impairments
The International Sustainability Standards Board (ISSB) is seeking feedback, until August 09, 2023, on the exposure draft that sets out the methodology proposed by ISSB to amend the Sustainability Accounting Standards Board (SASB) Standards' metrics
OSFI to Review Liquidity Adequacy Guidelines and Policy Architecture
The Office of the Superintendent of Financial Institutions (OSFI) is consulting, until June 21, 2023, on a review of the liquidity treatment provided in the Liquidity Adequacy Requirements (LAR) Guideline for wholesale funding sources with retail-like characteristics.
ESRB Publishes Report on Cryptos and DeFi; ECB Updates on Digital Euro
The European Systemic Risk Board (ESRB) published a report that outlines the systemic implications of crypto markets and proposes policy options to address the risks stemming from crypto-assets and decentralized finance or DeFi.
EU Agencies Issue Updates on DORA, ESAP, and Crowdfunding Regulation
The European Supervisory Authorities (ESAs) published a discussion paper on their joint advice to the European Commission (EC) on proposals to specify criteria for critical information and communication technology (ICT) third-party service providers
ESAs Propose ESG Disclosure on STS Securitization, Issue Other Updates
The Joint Committee of the three European Supervisory Authorities (ESAs) proposed to amend the Implementing Regulation 2016/1799 on the mapping of External Credit Assessment Institutions' (ECAIs) credit assessments.
UK Authorities Issue Updates, Finalize Policy on Model Risk Management
The Prudential Regulation Authority (PRA) finalized the model risk management principles for banks, the policy statement PS5/23 on risks from contingent leverage, and PS4/23 on moving senior managers regime forms from the PRA Rulebook.
APRA Revises Implementation Timeline for Operational Risk Standard
The Australian Prudential Regulation Authority (APRA) updated the implementation date of the new cross-industry prudential standard CPS 230 on operational risk management
BCBS Consults on Basel FAQs and Amendments, Issues Other Updates
The Basel Committee on Banking Supervision (BCBS) published a report assessing implementation of the global Basel standards on net stable funding ratio (NSFR) and large exposures (LEX) in South Africa
EBA Announces Multiple Regulatory and Reporting Updates in April 2023
The European Banking Authority (EBA) published consultations on the amendments to the guidelines on risk-based anti-money laundering and countering the financing of terrorism (AML/CFT) supervision