EU Parliament: proposal for a regulation of the EP and of the Council amending Regulation as regards the location of the seat of the EBA

27 April 2018

In the context of the UK's notification of its intention to leave the Union the other 27 Member States, meeting in the margins of the General Affairs Council (‘Article 50’), selected Paris, France, as the new seat of the European Supervisory Authority (European Banking Authority).

The costs of the relocation of the seat of the EBA arise as a result of the unilateral decision of the United Kingdom to leave the Union. Nevertheless, on the basis of the joint report from the negotiators of the European Union and the United Kingdom Government agreed on 8 December 2017 and of the commitment of the United Kingdom to contribute to the general budget of the Union for the financial years 2019 and 2020 as if it remained in the Union and to contribute to its share of the financing of the commitments outstanding at 31 December 2020, those costs are to be borne by all Union taxpayers through the general budget of the Union. The United Kingdom has offered to discuss with those Union agencies that are located in London how they could reduce their withdrawal costs.

Having regard to Article 50(3) TEU, the EBA should take its new seat as from the date on which the Treaties cease to apply to the United Kingdom or from 30 March, 2019, whichever is the earlier.

To ensure the proper functioning of the EBA in its new location, a headquarters agreement should be concluded and a building project in accordance with Article 88 of Commission Delegated Regulation (EU) No 1271/2013(6) should be approved before the EBA takes up its new seat. The new premises should be ready and fit for the purpose of permanent relocation by the time the withdrawal of the United Kingdom from the Union comes into effect. The headquarters agreement should reflect the responsibility of the French authorities to provide the most appropriate conditions and the most efficient solution for the location of the EBA.

To give the EBA sufficient time to relocate, this Regulation should enter into force as a matter of urgency while taking into account the co-decision powers of the European Parliament and the Council.

The relocation of the EBA should not have any consequences with regard to executing the distinct mandate or maintaining the separate legal status of the European Supervisory Authorities. The relocation might allow, where applicable, for the sharing of administrative support services and facility management services among Union agencies which are not related to core activities. To address the efficiency of those agencies, the European Parliament, the Council and the Commission should, when revising the Joint Statement on decentralised agencies, also build on the recommendations of the Interinstitutional Working Group on decentralised agencies' resources.

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