2011-07-27
The Interministerial Committee for Credit and Savings (CICR), acting through the Minister of Economy and Finance, issued an urgent decree amending the 2006 banking decree to align Italian regulations with EU Directive 2010/76/EU and international crisis-response guidelines. The amendment introduces Article 5-bis, which mandates that banks and banking groups govern their remuneration and incentive systems in strict compliance with European legislation and international standards. It also replaces Article 7(1) to require transparent public disclosures regarding financial and risk conditions, risk management methodologies, and compensation frameworks, ensuring information is accessible and comparable.
Secretariat of the Interministerial Committee for Credit and Savings Interministerial Committee for Credit and Savings The Minister of Economy and Finance - President RR n. e 1 e
HAVING REGARD TO Legislative Decree No. 385 of 10 September 1993, consolidating the laws on banking and credit (hereinafter, TUB), and in particular the following articles:
HAVING REGARD TO the decree of 5 August 2004 on corporate organization and governance, issued on an urgent basis by the Minister of Economy and Finance, in his capacity as President of the CICR; HAVING REGARD TO the decree of 27 December 2006 on capital adequacy, risk containment, and public information by banks and banking groups, issued on an urgent basis by the Minister of Economy and Finance, in his capacity as President of the CICR; HAVING REGARD TO Directive 2006/48/EC on the taking up and pursuit of the business of credit institutions; HAVING REGARD TO Directive 2010/76/EU of 24 November 2010, which, inter alia, amends Directive 2006/48/EC to introduce harmonized rules on remuneration policies and practices within the organizational and control frameworks of banks, with a transposition deadline set for 10 January 2011; HAVING REGARD TO the other guidelines developed at the international level in response to the crisis, and in particular the guidelines issued by the European Banking Authority to ensure the consistency of remuneration and incentive systems with the objectives of sound and prudent management of banks; ON THE PROPOSAL submitted by the Bank of Italy;
Interministerial Committee for Credit and Savings The Minister of Economy and Finance - President 2. CONSIDERING the urgency of acting, pursuant to and for the effects of Article 3(2) of the TUB; DECREE
The decree of 27 December 2006 on capital adequacy, risk containment, and public information by banks and banking groups, issued on an urgent basis by the Minister of Economy and Finance, in his capacity as President of the CICR, is amended as follows.
After Article 5, the following Article 5-bis is introduced: "Article 5-bis (Remuneration and Incentive Systems)
The provisions of this Article shall govern remuneration and incentive systems in banks and banking groups in accordance with international guidelines and European legislation."
Article 7(1), on public information, is replaced by the following: "1. The provisions of this Article shall govern the information to be provided to the public regarding the financial and risk situation, the methods used for risk management, as well as remuneration and incentive systems, providing for methods that enhance the accessibility and comparability of information."
This decree shall be published in the Official Gazette of the Italian Republic. Rome, 27 July 2011 THE MINISTER - PRESIDENT