(fra kommisjonsforordningen)

(1) Directive 2013/36/EU lays down rules concerning supervisory powers and tools for the prudential supervision of credit institutions by competent authorities. Colleges of supervisors are the vehicles through which supervisory activities are coordinated. Pursuant to Article 116 of Directive 2013/36/EU, the consolidating supervisors are to establish colleges of supervisors to facilitate certain supervisory tasks and to ensure appropriate coordination and cooperation with relevant third-country supervisory authorities. In addition, the competent authorities supervising an institution with significant branches in other Member States are, pursuant to Article 51(3) of Directive 2013/36/EU, required to establish and chair colleges of supervisors where Article 116 of that Directive is not applicable.

(2) Commission Implementing Regulation (EU) 2016/99 (2) lays down rules on the operational functioning of colleges of supervisors to be established in accordance with Article 51(3) and Article 116 of Directive 2013/36/EU. As the prudential requirements relevant for supervisory colleges set out in Directive 2013/36/EU have been amended, several provisions of Implementing Regulation (EU) 2016/99 need to be updated. In addition, to enhance a smooth and timely exchange of information between the members and observers of the colleges of supervisors and with the colleges established in accordance with other sectorial legislation, clear and predictable processes need to be established in a clearly described operational framework following specific templates. To address this need for amelioration of the information exchange of the colleges of supervisors, the relevant templates need to be updated accordingly. Given the number of changes to that Implementing Regulation that would be necessary to reflect the amendments to Directive 2013/36/EU, and for reasons of clarity and legal certainty, Implementing Regulation (EU) 2016/99 should be repealed and replaced.

(3) The mapping of the group entities in the Union and in third countries is an essential step for the identification of the members and potential observers of the colleges of supervisors referred to in Articles 116 and 51 of Directive 2013/36/EU and their subsequent establishment. To facilitate the performance of the mapping exercise, it should be led by the consolidating supervisor, cooperating with the potential members of the college of supervisors that should have the possibility to comment and provide their contribution to the exercise. To ensure that all relevant information is gathered and reflected in the mapping, it should be performed by using a common template. It is essential that the common mapping template reflects the setting up of colleges of supervisors taking into account the colleges specificities and the observership of colleges established in accordance with other legislation.

(4) Based on the need for effective cooperation between the members of the college of supervisors, those members should have the possibility to participate in the composition of the college when it comes to observers. When the consolidating supervisor intends to request an authority to participate as an observer, the members should be informed by way of notification and should be given sufficient time to assess such requests. Where such an observership is not required by law, the members should have the possibility to oppose it. Accordingly, it is essential to ensure that in the process of the constitution of the college, the requests of the consolidating supervisor to future members precede those to future observers.

(5) To ensure smooth communication between the members and observers of the college of supervisors, in particular in emergency cases, the consolidating supervisor should establish a contact list with all the necessary contact details and with out-of-hours contact details and should communicate that contact list to the members and observers of the college.

(6) The process of concluding and amending the written coordination and cooperation arrangements should be led by the consolidating supervisor who should ensure that members of the college of supervisors have the possibility to comment and provide their input to the proposed arrangements, including the terms of observer participation. To ensure that the arrangements concluded by supervisory colleges are consistent, in terms of structure and provisions covered, while at the same time that they allow for appropriate flexibility for including college-specific arrangements and agreements, the arrangements should be developed following a common template. To ensure that there is always adequate information sharing in case of an event of adverse material effect on the risk profile of the group or its entities, the template should also provide for a description of the information that is to be exchanged if such event materialises.

(7) Due to the COVID-19 pandemic, the meetings of the colleges of supervisors often had to be transferred to virtual channels and virtual meetings became an important part of the functioning of the colleges. To reflect that change of practice, and to guarantee the continuity of the colleges’ functions in case of similar events in the future, the consolidating supervisor should have a flexibility to decide the format of the college meetings. While it is necessary for the college of supervisors to always have the possibility to hold its meetings virtually, the consolidating supervisor in determining the meeting format, should take into consideration the meeting’s objectives, in particular for the purpose of reaching joint decisions on institution-specific prudential requirements in accordance with Article 113 of Directive 2013/36/EU and on the assessment of the group recovery plan in accordance with Article 8 of Directive 2014/59/EU of the European Parliament and of the Council (3).

(8) To ensure that the college of supervisors effectively constitutes a platform for exchange of information, cooperation and coordination, with the aim to protect the interests of depositors and investors in their Member States and to protect the financial stability within the Union, the exchange of information with the members, and observers, and in particular with the group-level resolution authority or the resolution authority of the home Member State, should be enhanced. Therefore, the consolidating supervisor should transmit a particular piece of information to the observers of the college of supervisors, where the consolidating supervisor deems it relevant for the performance of their tasks, including when a group entity infringes, or due to a rapidly deteriorating financial condition is likely in the near future to infringe, Regulation (EU) No 575/2013 of the European Parliament and of the Council (4) or Directive 2013/36/EU, in emergency situations or in case of an event of adverse material effect on the risk profile of the group or its entities. To facilitate the identification of early warning signs as well as potential risks and vulnerabilities for informing the group risk assessment report and the liquidity risk assessment report, the consolidating supervisor and other members of the college of supervisors should agree in advance on the indicators to be exchanged at least on an annual basis. Those indicators should be calculated on the basis of the supervisory data that competent authorities collect in accordance with Commission Implementing Regulation (EU) 2024/3117 (5). To ensure regular exchange of information on the indicators, the template for the written coordination and cooperation arrangements should include an Annex with a list of agreed indicators.

(9) The establishment and update of the college framework for emergency situations should be led by the consolidating supervisor that should ensure that members of the college of supervisors have the possibility to comment and provide their input to the proposed framework. The specific operational arrangements for each college of supervisors with regard to the information exchange, cooperation and coordination between the consolidating supervisor and the members of the college of supervisors in an emergency situation should be described in the written coordination and cooperation arrangements in view of ensuring efficient and effective cooperation and management of an emergency situation. To ensure that the coordinated supervisory response to an emergency situation considers all relevant information for the best possible management of the situation, the involvement of the group-level resolution authority is crucial. Therefore, input from the resolution college should be shared by the consolidating supervisor with the members of the college of supervisors and taken into account in the development of the coordinated supervisory response.

(10) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).

(11) EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (6),