EU Board of Appeal Publishes Template Declaration of Commitment and Interests for Members

Key Takeaways

• The Board of Appeal of the European Supervisory Authorities (ESAs) published a declaration of commitment and interests form, as required under Article 59(6) of the ESA founding regulations.
• It is a governance and independence safeguard for the body that reviews ESA decisions, and it has no direct new obligations for financial institutions.
• Compliance teams should treat it as a signal of the standards applied to adjudication and the integrity of appeal proceedings.

Deep Dive

The Board of Appeal of the European Supervisory Authorities (ESAs) published a declaration of commitment and interests form, as required under Article 59(6) of the ESA founding regulations. It is a governance and independence safeguard for the body that reviews ESA decisions, and it has no direct new obligations for financial institutions. Compliance teams should treat it as a signal of the standards applied to adjudication and the integrity of appeal proceedings.

The document is a standardized declaration (BoA 2026 02) that members and alternate members of the Board of Appeal must sign. Under it, the signatory commits to fulfilling their duties to the best of their abilities, acting independently and in the public interest, and not being bound by any instructions. They also declare that they have no personal, professional, or commercial interest, direct or indirect, that could prejudice their independence. The file name suggests this version relates to a specific individual's 2026 declaration (Gerben Everts), but the content provided is the blank template, with placeholders for name, date, and signature.

For regulated firms, there is no new compliance obligation. The relevance is indirect. The Board of Appeal hears challenges to certain decisions of the EBA, EIOPA, and ESMA, so firms that may appeal an ESA decision depend on the body's impartiality. The declaration is entered in a public register held under the Board's auspices, which gives transparency into potential conflicts. Firms could consult this register when assessing the independence of a panel or considering grounds for a challenge.

No deadlines or implementation timelines are stated. The only date reference is the template placeholder ("DD Month 2026"). The metadata date (2026-09-16) should be verified against the publication date, since the template refers only to 2026 generally. The metadata also labels the document an "Industry Letter," although it is an institutional governance document, so classification in internal regulatory trackers should reflect that.

Recommended actions: (1) log the document for awareness in the regulatory change inventory, with no remediation needed; (2) if the institution has pending or potential appeals before the Board, have Legal check the public register for membership and declared interests; (3) use it as a benchmark when reviewing the institution's own conflict-of-interest and independence declaration processes, especially for board members and key function holders; and (4) confirm that internal procedures for monitoring ESA governance publications capture such updates.

Risk impact is low. The main exposures are procedural: a firm's ability to challenge an ESA decision could be affected if a member's independence were questioned. The document supports confidence in the integrity of the appeals process and reinforces the broader EU emphasis on transparency and conflict-of-interest management.

Source: European Banking Authority