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EBA consults on updating ITS on conditions of application of the joint decision process for institution-specific prudential requirements

By Simon Lovegrove (UK) & Floortje Nagelkerke (NL) on September 25, 2026
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On 25 September 2026, the European Banking Authority (EBA) issued a consultation paper on draft Implementing Technical Standards (ITS) on conditions of application of the joint decision process for institution-specific prudential requirements under Article 113 of the Capital Requirements Directive IV (CRD IV).

Background

Article 113 of CRD IV establishes the framework for joint decisions within supervisory colleges on institution‑specific prudential requirements for cross‑border banking groups. To support the consistent application of these provisions across the EU, the EBA developed ITS, adopted by the European Commission (Commission) in 2014 as Commission Implementing Regulation (EU) No 710/2014, which set out harmonised procedures, timelines and templates for the joint decision process.

Since the adoption of the ITS, the prudential and supervisory framework has evolved significantly. In particular, CRD V expanded the scope of joint decisions to explicitly include Pillar 2 Guidance and leverage‑ratio related elements, while supervisory practices have shifted towards a more risk‑based, proportionate and continuous approach.

Against this background, a revision of the ITS is necessary to ensure their continued alignment with the current legal mandate under Article 113 CRD IV and with the way joint decisions are prepared and reached in practice.

Next steps

The deadline for comments on the consultation paper is 4 January 2027.

The EBA will hold a virtual public hearing on 10 November 2026 from 10:00 to 11:00 CEST.

The draft ITS are published for a three-month consultation period. Following the assessment of the feedback received, the EBA will finalise the revised ITS and submit them to the Commission for endorsement, after which they will be subject to scrutiny by the European Parliament and the Council before publication in the Official Journal of the European Union. 

Photo of Simon Lovegrove (UK) Simon Lovegrove (UK)
Read more about Simon Lovegrove (UK)Email
Photo of Floortje Nagelkerke (NL) Floortje Nagelkerke (NL)
Read more about Floortje Nagelkerke (NL)Email
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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