Supervisor guidelines

Guidelines on Article 25 of Directive 2011/61/EU + –

Guidelines on Article 25 of Directive 2011/61/EU

Scope of application:

The guidelines are addressed to supervisory authorities

Guidelines on the model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities + –

Guidelines on the model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities

Scope of application:

The guidelines are addressed to supervisory authorities

EBA Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers, as a whole, under Directive (EU) 2021/2167 (EBA/GL/2023/09) + –

EBA Guidelines (EBA/GL/2023/09) on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers, as a whole, under Directive (EU) 2021/2167

Application begins on 27 June 2024

Scope of application

Competent authorities as defined in Article 4(2) of the Regulation (EU) No 1093/2010, which are also designated pursuant to Article 21(3) of Directive (EU) 2021/2167; the Guidelines shall be applied to the extent that those authorities have been designated as competent for ensuring the application and enforcement of the provisions of the Directive to which the Guidelines relate.
Competent authorities referred to in Article 21(3) of Directive (EU) 2021/2167.
Credit servicers as defined in Article 3(8) of Directive (EU) 2021/2167.

The Guidelines do not apply to entities listed in Article 2(5)(a) of Directive (EU) 2021/2167.

These Guidelines are related to

Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers | European Banking Authority (europa.eu)

Releases

EBA Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers, as a whole, under Directive (EU) 2021/2167

Contact information

Roosa Heinonen, Specialist
tel. +358 9 183 5575, email: roosa.heinonen(at)fiva.fi

EBA Guidelines on the establishment and maintenance of national lists or registers of credit servicers under Directive (EU) 2021/2167 (EBA/GL/2024/02) + –

EBA Guidelines on the establishment and maintenance of national lists or registers of credit servicers under Directive (EU) 2021/2167 (EBA/GL/2024/02)

Valid from 30 December 2024

Scope of application of the Guidelines

The Guidelines apply to the establishment and maintenance of national lists or registers of authorised credit servicers by competent authorities.

The Guidelines are related to

Guidelines on national lists or registers of credit services | European Banking Authority (europa.eu)

Releases

EBA Guidelines on the establishment and maintenance of national lists or registers of credit servicers under Directive (EU) 2021/2167

Contact details

Roosa Heinonen, Legal Advisor
tel. +358 9 183 5575, email: roosa.heinonen(at)fiva.fi

EIOPA’s guidelines on supervisory review process + –

EIOPA’s guidelines on supervisory review process (EIOPA-BoS-14/179)

valid from 1 January 2016

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on operational functioning of colleges + –

EIOPA’s guidelines on operational functioning of colleges (EIOPA-BoS-14/146)

valid from 1 April 2015
guidelines 17 and 18 applicable from 1 January 2016

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on the methodology for equivalence assessments by National Supervisory Authorities under Solvency II + –

EIOPA’s guidelines on the methodology for equivalence assessments by National Supervisory Authorities under Solvency II (EIOPA-BoS-14/182)

valid from 1 April 2015

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on exchange of information on a systematic basis within colleges + –

EIOPA’s guidelines on exchange of information on a systematic basis within colleges (EIOPA-BoS-15/112)

valid from 1 January 2016

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Information releases:

Solvency II Guidelines to enter into force on 1 January 2016 (in Finnish)

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on facilitating an effective dialogue between competent authorities supervising insurance undertakings and statutory auditor(s) and the audit firm(s) carrying out the statutory audit of those undertakings + –

EIOPA’s guidelines on facilitating an effective dialogue between competent authorities supervising insurance undertakings and statutory auditor(s) and the audit firm(s) carrying out the statutory audit of those undertakings (EIOPA-BoS-16/858)

valid from 31 May 2017

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Information releases:

The Financial Supervisory Authority discloses the principle for bilateral dialogue with the auditors of credit institutions and insurance companies (in Finnish)

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on the supervision of branches of third-country insurance undertakings + –

EIOPA’s guidelines on the supervision of branches of third-country insurance undertakings (EIOPA-BoS-15/110)

valid from 1 January 2016

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

EIOPA’s guidelines on methods for determining the market shares for reporting + –

EIOPA’s guidelines on methods for determining the market shares for reporting (EIOPA-BoS-15/106)

valid from 1 January 2016

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Information releases:

Solvency II Guidelines to enter into force on 1 January 2016 (in Finnish)

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

CEIOPS (curr. EIOPA) Level 3 Guidance on Solvency II: Pre-application process for Internal Models + –

CEIOPS (curr. EIOPA) Level 3 Guidance on Solvency II: Pre-application process for Internal Models (CEIOPS-DOC-76/10)

valid from 1 March 2010

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

CEIOPS’ (curr. EIOPA) guidelines on preparation for management of a financial crisis + –

CEIOPS’ (curr. EIOPA) guidelines on preparation for management of a financial crisis (CEIOPS-DOC-15/09)

valid from 1 March 2009

Scope of application:

the guidelines are addressed exclusively to supervisory authorities

These guidelines are related to:

Link to the guidelines available on EIOPA’s website

Contact information:

Insurance Supervision/Life and non-life insurance
email: vahinkojahenki(at)fiva.fi

Guidelines on reporting under EMIR ESMA74-362-2281 + –

Guidelines on reporting under EMIR ESMA74-362-2281

Effective from April 29, 2024

Scope of application:

Financial counterparties defined in Article 8 of EMIR
Non-financial counterparties defined in Article 9 of EMIR
Trade repositories defined in Article 2 of EMIR
Competent authorities.

Announcements:

ESMA Guidelines for reporting under EMIR – applicable from 29 April 2024 - 2024

Contact information:

Jyrki Manninen, Chief Legal Advisor
Tel. 09 183 5205, email: jyrki.manninen(at)finanssivalvonta.fi

Juho Westerlund, Senior Supervisor
Tel. 09 183 5315, email: juho.westerlund(at)finanssivalvonta.fi

Guidelines on transfer of data between Trade Repositories under EMIR and SFTR ESMA74-362-2351 + –

Guidelines on transfer of data between Trade Repositories under EMIR and SFTR ESMA74-362-2351

Effective from April 29, 2024

Scope of application:

trade repositories
reporting counterparties and the entities reporting on their behalf
competent authorities

Announcements:

European Securities and Markets Authority guidelines on the transfer of data between trade repositories - applicable from 29.4.2024

Contact information:

Jyrki Manninen, Chief Legal Advisor
Tel. 09 183 5205, email: jyrki.manninen(at)finanssivalvonta.fi

Juho Westerlund, Senior Supervisor
Tel. 09 183 5315, email: juho.westerlund(at)finanssivalvonta.fi

Joint EBA and ESMA Guidelines (EBA/GL/2024/09, ESMA75-453128700-10) + –

Joint EBA and ESMA Guidelines on the assessment of the suitability of the members of the management body of issuers of asset-referenced tokens and of crypto-asset service providers EBA/GL/2024/09, ESMA75-453128700-10

Date of application The Guidelines will apply from 4 February 2025

Scope of application of the Guidelines

issuers of asset-referenced tokens
crypto-asset service providers
central securities depository
electronic money institutions
fund management companies
alternative investment fund managers (authorised)
stock exchange

Finnish Financial Supervisory Authority’s more specific guidance

Information as referred to in the joint EBA and ESMA Guidelines shall be submitted to the Financial Supervisory Authority’s Registry:
- postal address: Financial Supervisory Authority, P.O. Box 103, FI-00101 Helsinki, Finland
- tel. 09 183 5339 (national hotline number with no additional charge), +358 9 183 5339 (international number) fax +358 9 183 5328
- registry(at)fiva.fi

Information as referred to in the joint EBA and ESMA Guidelines shall be submitted as part of the authorisation application of an asset-reference token (ART) issuer or a crypto-asset service provider. See Authorisations, registrations and notifications: Crypto-asset activities. In addition, an authorised ART issuer or a crypto-asset service provider, or pursuant to Article 60, paragraphs 2, 4, 5 or 6 of Regulation (EU) 2023/1114 (MiCA Regulation), financial entities providing crypto-asset services (central securites depository, electronic money institution, management company, authorised alternative investment fund manager or stock exchange) shall submit the information in situations as referred to in section C.3 of the Joint EBA and ESMA Guidelines or if separately required by the Financial Supervisory Authority.

Related to these Guidelines