On 19 August 2026, the Council of the EU published a letter from the European Commission (Commission) to the European Banking Authority (EBA) (dated 20 July 2026) regarding endorsement of the draft regulatory technical standards (RTS) amending Commission Delegated Regulation (EU) No 241/2014 on the timing for the application for prior permission to reduce own funds and eligible liabilities instruments under Articles 78 and 78a of the Capital Requirements Regulation.
In the letter the Commission explains that it is unable to endorse the draft RTS in their current form. The Commission notes that the amendment under consideration proposes to shorten the timing for institutions to submit their application to reduce own funds and eligible liabilities instruments from four months to three months. However, the Commission argues that it is not proportionate to revise the existing RTS at this stage only for this issue.
The Commission strongly supports the EBA’s broader, more far-reaching review of the prior permission regime and urges the EBA to consolidate the proposed adjustment and any further simplification measures into the ongoing comprehensive review.
The Commission adds that more generally, it is of the view that binding Level 2 acts should only be reopened for amendments that are substantive and deliver tangible, durable benefits to regulated entities and authorities alike.
The EBA has six weeks from the communication of the Commission’s intention to reject the draft RTS to issue a formal opinion on the draft RTS (31 August 2026). If it does not do so, the RTS will be considered to have been formally rejected by the Commission.