Date: 2018-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2018/1717 of the European Parliament and of the Council of 14 November 2018 amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (Text with EEA relevance)
Executive Summary:
This regulation amends Regulation (EU) No 1093/2010 to relocate the European Banking Authority (EBA) seat to Paris, France, by March 30, 2019, following the United Kingdom's decision to withdraw from the Union. It ensures the Authority's proper functioning in the new location and maintains its operational capabilities. The Commission is required to report annually on the compliance of the European Supervisory Authorities with these requirements.
Key Points / Main Content:
Relocation of the EBA Seat:
• The EBA's seat is moved from London to Paris, France.
• The relocation should be completed by March 30, 2019.
• The relocation does not affect the Authority's tasks, powers, governance, organisation, or financing.
Financial Implications:
• Relocation costs are to be covered by the Union's general budget.
• The United Kingdom is expected to contribute to the Union's budget for 2019 and 2020.
Operational Requirements:
• A headquarters agreement must be concluded between the EBA and France.
• New premises should be ready and fit for purpose by March 30, 2019.
• The French authorities are responsible for ensuring appropriate conditions for the Authority's functioning.
Reporting and Compliance:
• The Commission must report annually to the European Parliament and the Council on the compliance of the European Supervisory Authorities.
Legal and Procedural Aspects:
• The transfer of the seat does not impact the establishment plan or the Staff Regulations.
• The relocation should not affect the mandates or legal status of the European Supervisory Authorities.
• Allows for the sharing of administrative support and facility management services among Union agencies where applicable.
• The Regulation entered into force on the day of its publication in the Official Journal of the European Union and applies from March 30, 2019.
Impact Analysis:
European Banking Authority (EBA):
Impact: The EBA must physically relocate its operations to Paris, France, by the specified deadline. It needs to ensure that the relocation does not disrupt its core functions and that it continues to operate effectively in the new location.
Action Required: Conclude a headquarters agreement with France, oversee the building project, and manage the logistical aspects of the relocation.
French Authorities:
Impact: The French authorities are responsible for providing suitable conditions to ensure the proper functioning of the EBA in Paris.
Action Required: Finalise and implement the headquarters agreement with the EBA and ensure the new premises are ready by March 30, 2019.
European Commission:
Impact: The Commission is responsible for monitoring and reporting on the compliance of the European Supervisory Authorities with the requirements of the regulation.
Action Required: Report annually to the European Parliament and the Council on the compliance of the European Supervisory Authorities, starting by March 30, 2019.
European Parliament and Council:
Impact: They receive annual reports from the Commission regarding the compliance of the European Supervisory Authorities.
Action Required: Review the reports and take any necessary action based on the findings.
Union Taxpayers:
Impact: They will bear the costs of the EBA relocation through the Union's general budget.
Action Required: No direct action required.
Other Union Agencies:
Impact: Opportunity for sharing of administrative support services and facility management services with the EBA.
Action Required: Explore possibilities for sharing services where applicable.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: One of the legislative bodies of the European Union.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
European Banking Authority: A European Union agency responsible for regulating and supervising the banking sector across Europe.
Paris, France: The new location of the seat of the European Banking Authority.
Regulation EU No 1093/2010: A Regulation of the European Parliament and of the Council establishing a European Supervisory Authority (European Banking Authority).
Treaty on European Union: One of the two founding treaties of the European Union.
Treaty on the Functioning of the European Union: One of the two founding treaties of the European Union.
16.11.2018 EN Official Journal of the European Union L 291/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) 2018/1717 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 November 2018
amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking
Authority
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Central Bank,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) In the context of the United Kingdom’s notification on 29 March 2017 of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU), the other 27 Member States, meeting on
20 November 2017 in the margins of the Council, selected Paris, France, as the new seat of the European
Supervisory Authority (European Banking Authority) (the ‘Authority’).
(2) Taking note of the ‘Joint report from the negotiators of the European Union and the United Kingdom Government
on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom’s orderly withdrawal from
the European Union’ of 8 December 2017 and in particular its chapter on financial settlement, and of the
commitment of the United Kingdom to contribute to the general budget of the Union for the financial years 2019
and 2020 as if it remained in the Union and to contribute to its share of the financing of the commitments
outstanding at 31 December 2020, the costs of relocation of the seat of the Authority arising from the decision of
the United Kingdom to withdraw from the Union are to be borne by all Union taxpayers through the general budget
of the Union. The United Kingdom has offered to discuss with those Union agencies that are located in London how
they could reduce their withdrawal costs.
(3) Having regard to Article 50(3) TEU, the Authority should take its new seat as of 30 March 2019.
(1) OJ C 197, 8.6.2018, p. 72.
(2) Position of the European Parliament of 25 October 2018 (not yet published in the Official Journal) and decision of the Council of
9 November 2018.L 291/2 EN Official Journal of the European Union 16.11.2018
(4) To ensure the proper functioning of the Authority in its new location, a headquarters agreement should be
concluded between the Authority and France and a building project in accordance with Article 88 of Commission
Delegated Regulation (EU) No 1271/2013 (1) should be approved before the Authority takes up its new seat. The
new premises should be ready and fit for the purpose of permanent relocation by 30 March 2019. The headquarters
agreement should reflect the responsibility of the French authorities to provide the most appropriate conditions in
order to ensure the proper functioning of the Authority in the context of its relocation.
(5) The transfer of the seat of the Authority does not call into question the establishment plan as adopted by the
European Parliament and the Council, nor the application of the Staff Regulations to officials or other agents who
work at the Authority.
(6) The relocation of the Authority should not have any consequences with regard to the execution of the distinct
mandates of the European Supervisory Authorities or the maintenance of their separate legal status. The relocation
might allow, where applicable, for the sharing among Union agencies of administrative support services and facility
management services which are not related to core activities.
(7) Relations between Union institutions are to be carried out in mutual sincere cooperation, with each institution
acting within the limits of the powers conferred on it in the TEU and in the Treaty on the Functioning of the
European Union and in conformity with the procedures, conditions and objectives set out therein.
(8) To give the Authority sufficient time to relocate, this Regulation should enter into force as a matter of urgency
following its adoption in accordance with the ordinary legislative procedure.
(9) Regulation (EU) No 1093/2010 of the European Parliament and of the Council (2) should therefore be amended
accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Article 7 of Regulation (EU) No 1093/2010 is replaced by the following:
‘Article 7
Seat
The Authority shall have its seat in Paris, France.
The location of the seat of the Authority shall not affect the Authority’s execution of its tasks and powers, the
organisation of its governance structure, the operation of its main organisation, or the main financing of its activities,
while allowing, where applicable, for the sharing with Union agencies of administrative support services and facility
management services which are not related to the core activities of the Authority. By 30 March 2019 and every 12
months thereafter, the Commission shall report to the European Parliament and the Council on the compliance of the
European Supervisory Authorities with that requirement.’
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall apply from 30 March 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 November 2018.
For the European Parliament For the Council
The President The President
A. TAJANI K. EDTSTADLER
(1) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies
referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328,
7.12.2013, p. 42).
(2) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European
Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision
2009/78/EC (OJ L 331, 15.12.2010, p. 12).