Preparatory actions
1. Following the entry into force of this Regulation, and before the establishment of the Authority, CESR shall act in close cooperation with the Commission to prepare for the replacement of CESR by the Authority.
2. Once the Authority has been established, the Commission shall be responsible for the administrative establishment and initial administrative operation of the Authority until the Authority has appointed an Executive Director.
For that purpose, until such time as the Executive Director takes up his duties following his appointment by the Board of Supervisors in accordance with Article 51, the Commission may assign one official on an interim basis in order to fulfil the functions of the Executive Director. That period shall be limited to the time necessary for the appointment of an Executive Director of the Authority.
The interim Executive Director may authorise all payments covered by credits provided in the budget of the Authority, once approved by the Management Board and may conclude contracts, including staff contracts following the adoption of the Authority’s establishment plan.
3. Paragraphs 1 and 2 are without prejudice to the powers of the Board of Supervisors and the Management Board.
4. The Authority shall be considered the legal successor of CESR. By the date of establishment of the Authority, all assets and liabilities and all pending operations of CESR shall be automatically transferred to the Authority. The CESR shall establish a statement showing its closing asset and liability situation as of the date of that transfer. That statement shall be audited and approved by CESR and by the Commission.
Transitional staff provisions
1. By way of derogation from Article 68, all employment contracts and secondment agreements concluded by CESR or its Secretariat and in force on 1 January 2011 shall be honoured until their expiry date. They may not be extended.
2. All members of staff under contracts referred to in paragraph 1 shall be offered the possibility of concluding temporary agent contracts under Article 2(a) of the Conditions of Employment of Other Servants at the various grades as set out in the Authority’s establishment plan.
An internal selection limited to staff who have contracts with CESR or its Secretariat shall be carried out after the entry into force of this Regulation by the authority authorised to conclude contracts in order to check the ability, efficiency and integrity of those to be engaged. The internal selection procedure shall take full account of the skills and experience demonstrated by the individuals’ performance prior to the engagement.
3. Depending on the type and level of functions to be performed, successful applicants shall be offered temporary agents’ contracts of a duration corresponding at least to the time remaining under the prior contract.
4. The relevant national law relating to labour contracts and other relevant instruments shall continue to apply to staff members with prior contracts who choose not to apply for temporary agent’s contracts or who are not offered temporary agents contracts in accordance with paragraph 2.
National provisions
The Member States shall make such provision as is appropriate to ensure the effective application of this Regulation.
Amendments
Decision No 716/2009/EC is hereby amended in so far as CESR is removed from the list of beneficiaries set out in Section B of the Annex to that Decision.
Repeal
Commission Decision 2009/77/EC, establishing CESR, is hereby repealed with effect from 1 January 2011.
Review
1. By 2 January 2014 and every 3 years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and the procedures laid down in this Regulation. That report shall evaluate, inter alia:
(a)
the convergence in supervisory practices reached by competent authorities,
(i)
the convergence in functional independence of the competent authorities and in standards equivalent to corporate governance;
(ii)
the impartiality, objectivity and autonomy of the Authority;
(b)
the functioning of the colleges of supervisors;
(c)
the progress achieved towards convergence in the fields of crisis prevention, management and resolution, including Union funding mechanisms;
(d)
the role of the Authority as regards systemic risk;
(e)
the application of the safeguard clause established in Article 38;
(f)
the application of the binding mediation role established in Article 19.
2. The report referred to in paragraph 1 shall also examine whether:
(a)
it is appropriate to continue separate supervision of banking, insurance, occupational pensions, securities and financial markets;
(b)
it is appropriate to undertake prudential supervision and supervise the conduct of business separately or by the same supervisor;
(c)
it is appropriate to simplify and reinforce the architecture of the ESFS in order to increase the coherence between the macro and the micro levels and between the ESAs;
(d)
the evolution of the ESFS is consistent with that of the global evolution;
(e)
there is sufficient diversity and excellence within the ESFS;
(f)
accountability and transparency in relation to publication requirements are adequate;
(g)
the resources of the Authority are adequate to carry out its responsibilities;
(h)
it is appropriate for the seat of the Authority to be maintained or to move the ESAs to a single seat to enhance better coordination between them.
3. Concerning the issue of direct supervision of institutions or infrastructures of pan-European reach and taking account of market developments, the Commission shall draw up an annual report on the appropriateness of entrusting the Authority with further supervisory responsibilities in this area.
4. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council.
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union .
It shall apply from 1 January 2011, with the exception of Article 76 and Article 77(1) and (2), which shall apply as from the date of its entry into force.
The Authority shall be established on 1 January 2011.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
