Regulation (EU) No 1093/2010 of the European Parliament and of the Council establishes the European Supervisory Authority, known as the European Banking Authority (EBA). It is a cornerstone of the European System of Financial Supervision (ESFS), which was created in response to the 2008 global financial crisis to ensure better and more consistent financial supervision across the EU.
The EBA is an independent EU authority that works to ensure effective and consistent prudential regulation and supervision across the European banking sector. Its overarching objectives are to maintain financial stability in the EU and to safeguard the integrity, efficiency, and orderly functioning of the banking sector.
Established in 2010, the EBA legally succeeded the Committee of European Banking Supervisors (CEBS). The Regulation has been amended multiple times to expand the EBA's mandate and powers in response to evolving market dynamics and regulatory needs.
A significant evolution came with Regulation (EU) 2019/2175, which strengthened the EBA's role in leading, coordinating, and monitoring the fight against money laundering and terrorist financing (AML/CFT) across the entire EU financial sector. The regulation also integrates the EBA's work with other key EU financial legislation, including the Capital Requirements Regulation (CRR) and Directive (CRD IV), the Bank Recovery and Resolution Directive (BRRD), and the Markets in Crypto-Assets Regulation (MiCA).
The EBA forms part of the ESFS alongside the European Securities and Markets Authority (ESMA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Systemic Risk Board (ESRB), with which it cooperates closely through a Joint Committee.
The primary objective of the EBA is to protect the public interest by contributing to the stability and effectiveness of the financial system. Its key goals include:
The Regulation directly applies to:
It indirectly affects:
The EBA has a range of powers to fulfill its mandate, including:
A key part of the EBA's mandate is to lead, coordinate, and monitor the EU financial sector's fight against money laundering and terrorist financing. This includes:
The Regulation does not establish a direct penalty regime for financial institutions. Instead, its enforcement mechanism focuses on ensuring that National Competent Authorities correctly apply EU law. The EBA's primary enforcement tools are its powers under Articles 17 (Breach of Union Law) and 19 (Settlement of Disagreements), which can culminate in a binding decision. If an NCA fails to ensure a financial institution complies, the EBA may adopt a decision directly addressed to that institution, requiring it to take necessary action to comply with its obligations under EU law.
The regulation establishing the European Banking Authority (EBA) has been applicable since January 1, 2011. Its requirements are ongoing and apply to all financial institutions and competent authorities within its scope, which includes credit institutions, investment firms, payment institutions, and financial conglomerates across the EU.
Unlike regulations with phased compliance deadlines for companies, the EBA Regulation establishes a permanent supervisory framework. The obligations evolve as the EBA issues new Regulatory Technical Standards (RTS), Implementing Technical Standards (ITS), guidelines, and recommendations in response to market developments and legislative mandates.
Key ongoing obligations for financial institutions, implemented through national competent authorities, include:
No supportive documents available.