On 28 March 2022, the European Central Bank (ECB) published a number of instruments which relate to how it will apply options and discretions foreseen in EU banking rules. This follows on from the public consultation which ended in August 2021. The ECB has set out a number of documents regarding supervisory options and discretions being an:

  • ECB guide containing policy guidance for joint supervisory teams when exercising options and discretions on a case-by-case basis in relation to significant institutions.
  • ECB regulation covering the exercise of several options and discretions of a generally applicable nature in relation to significant institutions.
  • ECB recommendation addressed to Member State national competent authorities concerning the exercise of options and discretions on a case-by-case basis in relation to less significant institutions.
  • ECB guideline, also addressed to Member State national competent authorities, concerning the exercise of options and discretions of a generally applicable nature in relation to less significant institutions.

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