MEDIATION

In case of contradiction between/among National Competent Specialists (NCAs) in cross-border circumstances, ESEC may help within the settlement of their dispute:

  1. Where expressly so given in EU enactment, through the method of Article 19 of the ESEC Control whereby ESEC at first helps the NCAs concerned in finding a settlement by shared assention; in case that falls flat, ESEC can embrace a authoritative choice to settle the matter; or
  2. Through non-binding intervention (Article 31(c) of the ESEC Control).

​ The Rules of Method were upgraded on 5 July 2017 to reflect the status of the EEA EFTA states and the EFTA Reconnaissance Specialist.

Please yield your ask utilizing the Format for the accommodation of a ask to ESEC to help within the settlement of a contradiction compatible to Article 19 or to carry out non-binding intervention compatible to Article 31(c) of Control (EU) No 1095/2010.

SETTLEMENT THROUGH BINDING DECISION

ESEC has the control to issue lawfully official choices in arrange to settle cross-border sectorial debate between NCAs, requiring an NCA to require particular activity or to abstain from an activity in arrange to settle the matter. ESEC can act either at the ask of an NCA or on its possess activity. Settlement may be come to by:

  • mutual understanding of the NCAs concerned, inside the conciliation stage; or on the off chance that the NCAs are incapable to reach an agreement; 
  • by a official choice forced by ESEC upon the NCAs concerned.

Within the conciliation stage ESEC acts as a go between through the Intervention Board which comprises of the Chairperson of ESEC, who chairs the Board, and two individuals of the Board of Administrators. The last mentioned may each be supplanted by one of the four substitute individuals. The individuals of the Board and their substitutes are named by the Board of Bosses from among its voting individuals and their term of office is two a long time, renewable once.

If the NCAs concerned come up short to reach an understanding amid the conciliation stage, the Intercession Board will choose whether to propose a choice for last appropriation to the Board of Supervisors.

Ought to the NCA concerned not comply with such a choice, and as a result come up short to guarantee that a monetary showcase member complies with the appropriate necessities, ESEC may embrace an person choice tended to to that budgetary advertise member requiring essential activity to comply with its commitments beneath Union law.

SETTLEMENT THROUGH NON-BINDING MEDIATION

Without bias to the powers of ESEC specified over, in cases of contradiction between NCAs, ESEC, on its claim activity or upon the ask of the NCAs concerned, may take activity in arrange to encourage an understanding utilizing non-binding intervention. In that case, ESEC will too act through the Intervention Board. In any case, in the event that the NCAs concerned fall flat to reach an understanding, the Board may consider whether to propose an supposition to the Board of Administrators.

JOINT COMMITTEE

In case a monetary advertise member comes to over distinctive divisions, cross-sector debate between NCAs as characterized within the ESEC Control, the EBA Control (Direction (EU) 1093/2010) and the EIOPA Control (Control (EU) 1094/2010) may moreover be settled some time recently the Joint Committee.