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Stand:updated on 28.07.2020 ESA guidelines that have not been adopted in BaFin's administrative practice

Guidelines issued by the ESAs that BaFin has not adopted in its administrative practice or has not adopted in full.

The lists of guidelines that BaFin has not adopted in its administrative practice are continuously updated and include guidelines no later than four months after publication of their German translation by the competent European Supervisory Authority.

Guidelines issued by the European Banking Authority (EBA)
Not adopted in BaFin's administrative practice or not adopted in full
Sound remuneration policies, EBA/GL/2015/22
Definition of default, EBA/GL/2016/07
Credit risk management practices and accounting for expected credit losses, EBA/GL/2017/06
Internal Governance, EBA/GL/2017/11
Fit & Proper, EBA/GL/2017/12
Product Oversight and Governance, EBA/GL/2015/18
Guidelines on arrears and foreclosure, EBA/GL/2015/12
Guidelines for funding plans of credit institutions, EBA/GL/2019/05

The legal basis for guidelines is the EBA Regulation. Further information can be found in the Overview Table of Notifications of Compliance with Guidelines which is available on the EBA website.


Guidelines issued by the European Securities and Markets Authority (ESMA)
Not adopted in BaFin's administrative practice or not adopted in full

Guidelines on remuneration policies and practices (MiFID), ESMA/2013/606

Note: BaFin implemented the Guidelines on remuneration policies and practices (MiFID) into its administrative practice (cf. BaFin Circular 5/2018 – Minimum Requirements for the Compliance Function and Additional Requirements Governing Rules of Conduct, Organisation and Transparency under Sections 63ff. of the Securities Trading Act for Investment Services Enterprises – MaComp, BT 8 Requirements relating to remuneration systems in connection with the provision of investment services and ancillary investment services). However, BaFin does not entirely comply with the Guidelines insofar as it excludes from their scope of application any remuneration that is agreed under a collective bargaining agreement, is agreed within the scope of a collective bargaining agreement through an agreement by the parties to an employment agreement on the application of the provisions of the collective bargaining agreement, or is agreed in a works or service agreement on the basis of a collective bargaining Agreement (see MaComp, BT 8.1 No. 5).

Enforcement of financial information, ESMA/2014/1293
Market making activities and primary market operations, ESMA/2013/74
Fit & Proper, EBA/GL/2017/12

The legal basis for guidelines is the ESMA Regulation. Further information can be found in the Overview Table of Notifications of Compliance with Guidelines which is available on the ESMA website.


Guidelines issued by the European Insurance and Occupational Pensions Authority (EIOPA)
Not adopted in BaFin's administrative practice or not adopted in full
Reporting and public disclosure, Guideline 30
System of governance, Guideline 14
ORSA, Guideline 16
Classification of own funds, Guideline 12
Contract boundaries, Guidelines 5 and 7
Group solvency, Guideline 5
Loss-absorbing capacity of technical provisions and deferred taxes, Guidelines 6 and 8
Valuation of technical provisions, Guideline 31

The legal basis for guidelines is the EIOPA Regulation. Further information can be found in the Overview Table of Notifications of Compliance with Guidelines which is available on the EIOPA website.

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