College framework for emergency situations
1. For the purposes of Article 19 of Delegated Regulation (EU) 2025/791, the consolidating supervisor shall prepare a proposal for establishing a college framework for emergency situations.
2. The consolidating supervisor shall submit its proposal to the members of the college of supervisors, invite them to provide their views and indicate a deadline for the submission of those views.
3. The consolidating supervisor shall take into account any views and reservations expressed by the members of the college of supervisors and, where those views and reservations have not been taken into account, provide reasons therefor.
4. The consolidating supervisor shall communicate the final version of the college framework for emergency situations to the members of the college of supervisors.
5. The consolidating supervisor and the members of the college of supervisors shall review the college framework for emergency situations at least annually and update that college framework where necessary.
6. The consolidating supervisor and the members of the college of supervisors shall update the college framework for emergency situations in accordance with the procedure set out in paragraphs 1 to 4.
Exchange of information during an emergency situation
1. A consolidating supervisor that becomes aware of an emergency situation which affects or is likely to affect an institution or a branch of the group established in a Member State shall alert the EBA and the member of the college of supervisors that supervises the institution or the branch affected or likely to be affected by that emergency situation without undue delay.
2. A member of the college of supervisors that becomes aware of an emergency situation which affects or is likely to affect an institution or a branch of the group established in a Member State shall alert the consolidating supervisor without undue delay.
3. The consolidating supervisor shall ensure that all other members of the college of supervisors are adequately informed about the following:
(a)
the coordinated supervisory assessment of the emergency situation as referred to in Article 15;
(b)
the coordinated supervisory response as referred to in Article 16, including the actions taken or planned, and its monitoring as referred to in Article 17;
(c)
the early intervention measures adopted pursuant to Articles 27, 28 and 29 of Directive 2014/59/EU, as relevant, taking into account the necessity for the coordination of those measures in accordance with Article 30 of that Directive, or the determination of the conditions for resolution pursuant to Article 32 of that Directive.
4. An emergency situation restricted to a specific group entity shall be managed by the member of the college of supervisors responsible for the supervision of that group entity together with the consolidating supervisor.
5. The information referred to in Article 20(2) and (3) of Delegated Regulation (EU) 2025/791, shall be updated immediately when new information is available.
6. Where the exchange of information or any communication referred to in Article 20 of Delegated Regulation (EU) 2025/791 is made orally, the competent authorities concerned shall confirm the content of that communication or information in writing without undue delay.
Coordination of the supervisory assessment of an emergency situation
1. For the purposes of Article 21 of Delegated Regulation (EU) 2025/791, the consolidating supervisor shall coordinate the development of a draft coordinated supervisory assessment of the emergency situation, based on its own assessment and the assessment of the members of the college of supervisors that supervise group entities affected or likely to be affected by the emergency situation.
2. The draft coordinated supervisory assessment shall cover the group entities that are affected or likely to be affected by the emergency situation. The views and assessments of the members of the college of supervisors responsible for the supervision of those group entities referred to in Article 14(4) and the input from the group-level resolution authority shall be adequately taken into account by the consolidating supervisor.
3. Where the emergency situation is restricted to a specific group entity, the member of the college of supervisors that is responsible for the supervision of that group entity shall conduct, together with the consolidating supervisor, the supervisory assessment of the emergency situation.
Coordination of the supervisory response to an emergency situation
1. For the purposes of Article 22 of Delegated Regulation (EU) 2025/791, the consolidating supervisor shall lead the development of a coordinated supervisory response to the emergency situation with regard to the group and the group entities that are affected or likely to be affected by the emergency situation. The views and assessments of the members of the college of supervisors that are responsible for the supervision of those group entities shall be adequately taken into account by the consolidating supervisor.
2. Where the emergency situation is restricted to a specific group entity, the member of the college of supervisors who is responsible for the supervision of that group entity shall conduct, together with the consolidating supervisor, the development of the coordinated supervisory response to the emergency situation.
3. The consolidating supervisor and the members of the supervisory college shall perform the tasks referred to in paragraphs 1 and 2 without undue delay.
4. The development of the coordinated supervisory assessment of an emergency situation as referred to in Article 15 and the development of the coordinated supervisory response to that emergency situation may be carried out in parallel.
Monitoring and update of the coordinated supervisory response to an emergency situation
1. For the purposes of Article 23 of Delegated Regulation (EU) 2025/791, the consolidating supervisor shall coordinate the monitoring of the implementation of the supervisory actions specified in the coordinated supervisory response.
2. The members of the college of supervisors that supervise the group entities affected or likely to be affected by the emergency situation shall inform the consolidating supervisor of the evolution of the emergency situation and the implementation of the supervisory actions related to their respective group entities, as relevant.
3. The consolidating supervisor shall provide the members of the college of supervisors, including the EBA, with any updates on the monitoring of the coordinated supervisory response. Those updates shall cover the group and the group entities that are affected or likely to be affected by the emergency situation.
4. The consolidating supervisor and the members of the college of supervisors that supervise the group entities affected or likely to be affected by the emergency situation shall consider the need to update the coordinated supervisory response taking into account the information received from each other while monitoring the implementation of that response.
5. The tasks referred to in paragraphs 1 to 4 shall be carried out without undue delay.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
