Commission Implementing Regulation (EU) 2021/897 of 4 March 2021 laying down implementing technical standards for the application of Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to the format of supervisory reporting to the competent authorities and the cooperation and exchange of information between competent authorities and with the European Insurance and Occupational Pensions Authority (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/897of 4 March 2021laying down implementing technical standards for the application of Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to the format of supervisory reporting to the competent authorities and the cooperation and exchange of information between competent authorities and with the European Insurance and Occupational Pensions Authority(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European personal Pension Product (PEPP)OJ L 198, 25.7.2019, p. 1., and in particular Article 40(9), fourth subparagraph, and Article 66(5), third subparagraph, thereof,Whereas:(1)Regulation (EU) 2019/1238 lays down uniform rules on the registration, manufacturing, distribution and supervision of personal pension products that are distributed in the Union under the designation pan-European Personal Pension Products (PEPP).(2)An appropriate level of detail of the information is crucial for the implementation of a risk-based supervisory review process and product-level supervision. Templates for reporting information pursuant to Commission Delegated Regulation (EU) 2021/896Commission Delegated Regulation (EU) 2021/896 of 24 February 2021 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to additional information for the purposes of the convergence of supervisory reporting (See page 5 of this Official Journal). should provide for a visual representation of that information and reflect the level of detail of that information.(3)In order to promote supervisory convergence, the information to be reported to competent authorities in accordance with Article 40 of Regulation (EU) 2019/1238 should be submitted using templates.(4)The framework for cooperation and for exchange of information between competent authorities of the home and of the host Member States, with EIOPA, should facilitate the efficiency of the performance of their respective tasks and duties, and ensure consistent and efficient supervision. In particular, it is necessary to specify the methods, means, and other details of exchange of information, including the scope and treatment of information to be exchanged.(5)In order to ensure effective and efficient supervision, the exchange of information and the cooperation between competent authorities should take into account the nature, scale and complexity of the product, the availability and type of information and the most recent and relevant data. In order to ensure efficient and timely cooperation and exchange of information, it is necessary to establish standardised procedures and templates.(6)The competent authorities and EIOPA should use the standardised procedures and templates also when transmitting information on a voluntary basis when they consider the information in their possession may be of use to another competent authority or EIOPA, the European Securities and Markets Authority and the European Banking Authority.(7)In order for competent authorities to effectively monitor PEPP providers and distributors, it is necessary for them to regularly exchange information on the marketed PEPPs, such as the corresponding key information documents, information on the cross-border activities, and information on sanctions and on relevant conduct specificities.(8)In order to ensure the smooth and timely application of the notification requirements in the case of administrative sanctions and other measures, competent authorities should notify each other and EIOPA of any infringement or suspected infringement.(9)The provisions in this Regulation regarding supervisory reporting and cooperation between competent authorities and with EIOPA are closely linked. They deal with requirements on the submission and sharing of relevant information for the supervision of PEPP. To ensure coherence between those provisions, which should enter into force at the same time, it is necessary to include all the implementing technical standards required by Articles 40(9) and 66(5) of Regulation (EU) 2019/1238 in a single Implementing Regulation.(10)This Regulation is based on the draft implementing technical standards submitted to the Commission by EIOPA.(11)EIOPA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits with regard to the chapters on supervisory reporting to the competent authorities, and requested the advice of the Insurance and Reinsurance Stakeholder Group and Occupational Pension Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the CouncilRegulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).. With regard to the chapters on cooperation and exchange of information, EIOPA did not analyse the potential costs and benefits, as this would have been disproportionate in relation to the scope and impact of the draft implementing technical standards, taking into account that their addressees are only competent authorities and EIOPA and not financial market participants,HAS ADOPTED THIS REGULATION: