Article 68 of the Capital Requirements Directive IV (CRD IV) provides that Member States are required to ensure that their national competent authorities (NCAs) publish on their official website at least any administrative penalties against which there is no appeal and which are imposed for breach of the national provisions transposing the CRD IV or the Capital Requirements Regulation, including information on the type and nature of the breach and the identity of the natural or legal person on whom the penalty is imposed, without undue delay after that person is informed of those penalties. NCAs should also publish information on the appeal status and outcome thereof, should Member States permit the publication of penalties against which there is an appeal.

Article 68(4) of the CRD IV, provides that the European Banking Authority (EBA) shall submit a report to the European Commission on:

  • the publication of penalties by Member States on an anonymous basis as provided for under article 68(2) of the CRD IV, in particular where there have been significant divergences between Member States in this respect; and
  • any significant divergences in the duration of the publication of penalties under national law.

The EBA has now published a report which is designed to satisfy the requirements set out under the first bullet point above.

View EBA reports on the publication of administrative penalties on an anonymous basis, 2 December 2015