Page 42 - 期货和衍生品行业监管动态（2023年11月刊）

期货和衍生品行业监管动态

 Operational independence: so supervisory authorities operate without any

form of undue influence from the supervised sector and the government, have

adequate legal powers and operational resources.

 Personal independence: with transparent rules for the appointment, selection

and removal of members of the supervisory authority’s governing body, and

high ethical standards for members of the supervisory authority’s staff and

governing body.

 Financial independence: with sufficient financial resources for supervisory

authorities to fulfil their mandates.

 Accountability and transparency: so supervisory authorities conduct their

tasks in a transparent and accountable manner.

Background

In 2020, following their review, the ESAs were tasked to foster and monitor
supervisory independence.

To fulfil this task, in 2021 the ESAs published in close coordination their

individual reports (Read here: EBA, EIOPA, ESMA) to take stock of the factual

situation of supervisory authorities’ independence. Building on these reports and based

on the 2021 EIOPA’s criteria and international standards, the ESAs further worked

together to issue joint criteria on the independence of supervisory authorities.

Next steps

The criteria can be used by supervisory authorities as a tool to enhance their

independence and, at a later stage, by the ESAs to assess supervisory independence in

the EU.

https://www.esma.europa.eu/press-news/esma-news/european-supervisory-

authorities-publish-joint-criteria-independence

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