Annexes to COM(2023)505 - Compliance of the European Banking Authority with the requirements regarding the location of its seat - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)505 - Compliance of the European Banking Authority with the requirements regarding the location of its seat. |
|---|---|
| document | COM(2023)505 |
| date | September 5, 2023 |
The Headquarters Agreement (hereinafter “HQA”) with the French Government , signed in Paris on 6 March 2019, was adopted by the Assemblée nationale on 17 February 2022. The HQA was approved in the Sénat on 19 July 2022 followed by publication in the French Offical Journal on 30 July 2022.
In addition to the requirements of Protocol No 7 on the privileges and immunities of the European Union8, the HQA entitles EBA staff members to a special residence permit FI (Fonctionnaire International), attesting their status as international civil servants in France (applicable also to family members). EBA has been engaging with the Protocol Office of the Ministry of Europe and Foreign Affairs and Customs to ensure a smooth process in relation to the arrival of staff and their families in France, the provision of special residence permits, and the application of tax privileges to EBA. As of April 2023, 285 staff and family members have received special residence permits, one additional application is being processed and 47 special residence permits have been returned due to end of employment.
Article 9 of the HQA exempts EBA from VAT incurred on official expenses where the invoice amount net of VAT is greater than EUR 150. In practice, EBA is paying the VAT on French purchases, and on purchases where the MOSS (VAT Mini One Stop Shop) scheme9 applies, and is reclaiming this VAT from the French government. As of April 2023, EBA has claimed reimbursement of EUR 4,934,565, of which EUR 4,569,424 has been received.
The information regarding the European School of Paris-La Défense in Courbevoie has not changed with respect to the previous report with the exception of the number of children enrolled at the school. For the 2022-2023 school year, 32 children of EBA staff members were enrolled at the school.
3 EBA GOVERNANCE, OPERATIONS AND EXECUTION OF TASKS
EBA’s tasks and powers, the organisation of its governance structure, the operation of its main organisation, and its main financing were not affected by the relocation of its seat. EBA has been fully operational in its new offices in Paris from the beginning of June 2019.
The relocation of the EBA’s seat to Paris has had no impact on the main financing of EBA’s activities by the EU and the national competent authorities. Separate from this financing, the French government is providing 8.5 million euros to cover costs of the Paris offices. This funding is divided between EUR 1.5 million for set-up costs, which has already been received and spent, and EUR 7.0 million for ongoing lease costs, which is to be received over the course of the nine years of the lease to smoothen out the budgetary impact. To date, EBA has invoiced and received EUR 6,225,000 under this agreement.
Sharing of administrative support services with other Union agencies
EBA cooperates actively with ESMA on administrative matters, with regular meetings being held between the equivalent administrative units of the two agencies.
EBA has signed a Service Level Agreement with ESMA for the provision of accounting services and since July 2021, EBA is providing these services to ESMA. EBA’s Accounting Officer and Accounting Assistant are shared between the two agencies, which allows for a more efficient use of resources. ESMA’s Management Board appointed EBA’s Accounting Officer as ESMA’s Accounting Officer with effect from 1 July 2021.
EBA works closely with other EU agencies based in France with regard to their procurement procedures, especially with ESMA. The table in the Appendix summarises the activity in this area. EBA and ESMA also participate in a network of procurement officers of international organisations based in Paris.
EMAS and environmental management
Since 2021, EBA, ESMA and EIOPA environmental coordinators meet regularly, at least quarterly, to share documents and environmental best practices in the areas of environmental management, sustainability reporting and EMAS (Eco-Management and Audit Scheme) implementation. On 11 August 2022, EBA was notified of its successful EMAS registration. All three agencies also cooperate in the Greening Network of the European agencies. Additionally, in March and April 2023 the representatives of the EBA and ESMA participated in each other’s EMAS internal audits as observers.
Sharing facilities
In March 2023, the CPVO10 made use of EBA meeting rooms for two days of training of groups of experts. The EBA has also made use of ESMA facilities for off-site meetings. In March 2023, the three ESAs signed a cooperation agreement allowing EBA and EIOPA to share the TESTA TAP11 installed for ESMA at the data centre in Aubervilliers.
Other collaboration
During the Covid-19 pandemic, EBA established a network with ESMA, Interpol, UNESCO, and the OECD to discuss the new ways of working, vaccination, teleworking rules, and other common matters every quarter.
Cooperation on joint ESAs projects
EBA, ESMA and EIOPA work on a joint project (led by EIOPA) with the objective to establish a system for the exchange of information relevant to the assessment of the fitness and propriety of holders of qualifying holdings, directors, and key function holders of financial market participants by competent authorities.
The three ESAs are also cooperating very closely on the preparations for DORA12 and MiCA13.
4 CONCLUSIONS
Based on the available information, the EBA’s execution of its tasks and powers, its governance structure, its main organisation, and the financing of its activities have not been affected by the relocation of its seat to Paris, nor by the administrative cooperation arrangements with ESMA and EIOPA described above, which are not related to the core activities of EBA.
| APPENDIX Lead agency ESMA EBA ESMA ESMA EBA EBA EBA | Participating agencies EBA ESMA EBA EBA ESMA CPVO ESMA | Procedure Facilities management consultancy and reception services Language training and testing ICT consultancy Interim staff Waste management services Electricity supply Plants & flowers | Status Framework contract (FWC) signed in May 2019 FWC signed in January 2020 FWC signed in Q4 2020 FWC signed in November 2020 FWC signed in February 2021 FWC signed in May 2021 FWC signed in May 2021 | |
| EBA | ESMA + 9 other agencies | Data protection consultancy | FWC signed in November 2021 | |
| EBA | ESMA, EUISS14, EUSPA15 | Medical services | FWC signed in December 2021 | |
| EBA EBA ESMA ESMA EBA EBA | ESMA, EIOPA ESMA EBA, EIOPA EBA CPVO ESMA | Managed network services External audit of annual accounts IT app. development, maintenance and support Technical skills development training Electricity supply Corporate support consultancy services | FWC signed in June 2022 Contract signed in June 2022 FWC signed in January 2023 FWC signed in February 2023 Signature planned for Q2 2023 Signature planned for Q2 2023 | |
| EBA | ESMA | Cleaning services | Signature planned for Q3 2023 | |
| EBA | ESMA | Language training and testing | Signature planned for Q3 2023 | |
| EBA | ESMA | Strategic and digital communication services | Signature planed for Q1 2024 |
1 General Affairs Council (Art. 50), 20 November 2017: https://www.consilium.europa.eu/en/press/press-releases/2017/11/20/european-banking-authority-to-be-relocated-to-city-country/
2 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (OJ L 331, 15.12.2010, p. 12).
3 Regulation (EU) 2018/1717 of the European Parliament and of the Council of 14 November 2018, amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (OJ L291, 16.11.2018, p. 1).
4 COM (2019) 451 final.
5 COM (2020) 317 final.
6 COM (2021) 771 final
7 COM (2022) 387 final
8 OJ C202, 7.6.2016, p. 266-272
9 VAT on digital services/MOSS: What services are covered? - Your Europe (europa.eu)
10 Community Plant Variety Office
11 Trans-European Services for Telematics between Administrations Turnkey Access Point
12 Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (OJ L 333, 27.12.2022, p.1).
13 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p.40)
14 European Union Institute for Securities Studies
15 The European Union Agency for the Space Programme.
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