On 12 November 2025, the European Banking Authority (EBA) published a consultation paper setting out draft guidelines on supervisory independence of competent authorities under Directive 2013/36/EU.

Background

Article 4a of Directive 2013/36/EU establishes new requirements applicable to Member State competent authorities (NCAs) and their members of staff and of their governance bodies on operational or functional independence, personal independence, transparency and accountability, and measures to prevent conflicts of interests such as declarations of interest, limitations to trading in financial instruments or cooling-off periods.

Article 4a does not set out in detail all practical aspects for the application of the new requirements. Instead the EBA is mandated to issue guidelines addressed to NCAs to ensure a proportionate application of Article 4a of Directive 2013/36/EU, taking into account international best practices.

Draft guidelines

Article 4a of Directive 2013/36/EU provides, inter alia, that NCAs:

  1. Exercise their supervisory powers independently and objectively, without seeking or taking instructions from supervised institutions, from any institution, agency or body of the Union or any government of a member State or from any other public or private body.
  1. Ensure that members of their governance body are appointed on the basis of published, objective and transparent criteria and that these members can be dismissed if they no longer meet the criteria of appointment or have been convicted of a serious criminal offence. Members of the governance body who are appointed after 11 January 2026 should not remain in office for more than 14 years.
  1. Have in place all the necessary arrangements to prevent conflicts of interest of their members of staff and of the members of their governance bodies including limitations on trading of financial instruments issued by supervised institutions, cooling-off periods for staff and members of their governance bodies being hired or providing professional services with certain types of entities, declarations of interest and arrangements for the sale or disposal of financial instruments which may give rise to conflicts of interest.

The draft guidelines address the aspects of supervisory independence referred to in point (b) and (c) above.

Next steps

The deadline for comments on the consultation paper is 23 January 2025.

The EBA will hold a virtual public hearing on 3 December from 14:30 to 16:00 – Paris time. The EBA invites interested stakeholders to register by 28 November 2025 (16:00 CET). The dial-in details will be communicated to those who have registered for the meeting.