Section 1 — Establishment and functioning of colleges of supervisors
Mapping of institutions, establishment of a college of supervisors, contact lists and written coordination and cooperation arrangements
1. For colleges of supervisors referred to in Article 51(3) of Directive 2013/36/EU, the competent authority of the home Member State shall carry out the following tasks:
(a)
establish and update the mapping of an institution;
(b)
establish a supervisory college;
(c)
establish and update contact lists;
(d)
conclude and amend written coordination and cooperation arrangements.
2. For the purpose of paragraph 1, Articles 1 to 4 shall apply mutatis mutandis .
Meetings and activities of the college of supervisors
1. The competent authority of the home Member State shall establish regular cooperation with members of the college of supervisors in the form of meetings or other activities.
2. The organisation of meetings and activities, and their objectives, shall be communicated by the competent authority of the home Member State to the members of the college of supervisors, including EBA.
3. The competent authority of the home Member State shall clearly establish the objectives of the meetings or activities and shall ensure that those objectives are reflected in the agenda items of the meetings or activities.
4. The competent authority of the home Member State shall send the proposed agenda of the meeting to all the members of the college of supervisors, to the resolution authority of the home Member State, and to those observers of the college of supervisors that it intends to invite in accordance with Article 28(1) of Delegated Delegated Regulation (EU) 2025/791 and shall invite them to propose any additional agenda items. The competent authority of the home Member State shall take into account any proposals on agenda items made by those members and observers and shall explain, where requested, the reason for not incorporating those proposals.
5. The competent authority of the home Member State and the members and observers of the college of supervisors that are involved in a particular meeting or activity shall circulate documents and contributions to working documents in such time before the activity or meeting as to be adequately considered by the participating members and observers of the college.
Section 2 — Planning and coordination of supervisory activities in going concern situations
General framework for the exchange of information between the competent authorities of the home Member State and members of the college of supervisors
1. When received from a member of the supervisory college, the competent authority of the home Member State shall transmit the information referred to in Article 30(4) of Delegated Regulation (EU) 2025/791 to the other members of the college of supervisors.
If the competent authority of the home Member State deems that any information referred to in the first subparagraph is not relevant for a particular member of the college of supervisors, it shall first consult that member and provide them with the key points of the information enabling them to determine the relevance of that information.
2. The competent authority of the home Member State and the members of the college of supervisors shall transmit to each other the information referred to in Article 30(4) of the Delegated Regulation.
3. Where necessary for the efficient and effective functioning of the college of supervisors, the competent authority of the home Member State shall organise the college in different substructures. Where the college of supervisors is organised in different substructures, the competent authority of the home Member State shall keep all members of the college of supervisors fully informed, without undue delay, on the actions taken or the measures carried out in different substructures.
4. The competent authority of the home Member State and the members of the college of supervisors shall agree on the means for the exchange of information and shall specify that agreement in the written coordination and cooperation arrangements referred to in Article 5 of Delegated Regulation (EU) 2025/791.
General framework for the exchange of information between the competent authority of the home Member State and observers of the college of supervisors
1. The information referred to in Article 31(3), point (a), of Delegated Regulation (EU) 2025/791 shall be provided by the competent authority of the home Member State to the resolution authority of that Member State as soon as the supervisory review and evaluation for the institution referred to in Article 97 of Directive 2013/36/EU has been completed.
2. In case of an event of adverse material effect on the risk profile of the institution or its significant branches, the competent authority of the home Member State shall communicate to the relevant observers the relevant information shared for the purposes of Article 35 of Delegated Regulation (EU) 2025/791.
Examination programme
1. For the purposes of establishing the examination programme of the college of supervisors referred to in Article 99 of Directive 2013/36/EU and in accordance with Article 33 of Delegated Regulation (EU) 2025/791, the members of the college of supervisors shall provide their contributions to the competent authority of the home Member State.
2. After having received the contributions referred to in paragraph 1, the competent authority of the home Member State shall prepare a draft examination programme for the college of supervisors.
3. The competent authority of the home Member State shall circulate the draft examination programme to the members of the college of supervisors and shall invite them to provide their views in writing on the areas of joint work, and indicate a deadline for the submission of such views.
4. For the purposes of completing the examination programme, the competent authority of the home Member State shall take into account any views expressed by the members of the college of supervisors and explain, where necessary, the reasons for not incorporating those views.
5. Upon completion of the examination programme, the competent authority of the home Member State shall communicate that programme to the members of the college of supervisors.
6. The competent authority of the home Member State shall update the examination programme of the college of supervisors in accordance with the procedure set out in paragraphs 1 to 5 of this Article at least annually, or more frequently where the competent authority of the home Member State or the members of the college of supervisors deem such update necessary as a result of the supervisory review and evaluation performed pursuant to Article 97 of Directive 2013/36/EU.
Exchange of information in case of an event of adverse material effect on the risk profile of the institution or its significant branches
In case of an event of adverse material effect on the risk profile of the institution or its significant branches as referred to in Article 35(2) of Delegated Regulation (EU) 2025/791, the competent authority of the home Member State and the relevant members of the college of supervisors as referred to in Article 35(1) of that Delegated Regulation shall use the template set out in Annex II to exchange among themselves the information referred to in Article 35(1) of that Regulation.
Section 3 — Planning and coordination of supervisory activities in preparation for and during emergency situations and final provisions
College framework for emergency situations
1. For the purposes of Article 36 of Delegated Regulation (EU) 2025/791, the competent authority of the home Member State shall prepare a proposal for establishing a college framework for emergency situations.
2. The competent authority of the home Member State shall submit its proposal for establishing a college framework for emergency situations to the members of the college of supervisors, invite them to provide their views, and set a deadline for the submission of those views.
3. The competent authority of the home Member State shall take into account any views expressed by the members of the college of supervisors and, where such views have not been taken into account, provide the reasons therefor.
4. The competent authority of the home Member State shall communicate the final version of the college framework for emergency situations to the members of the college of supervisors.
5. The competent authority of the home Member State and the members of the college of supervisors shall, at least on an annual basis, review and, where necessary, update the college framework for emergency situations.
6. The competent authority of the home Member State 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. The information referred to in Article 37(2) and (3) of Delegated Regulation (EU) 2025/791, shall be updated immediately when new information is available.
2. Where the exchange of information or any communication referred to in Article 37 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.
3. Where a member of the supervisory college becomes aware of an emergency situation which affects or is likely to affect a branch in its jurisdiction, it shall alert the competent authority of the home Member State without undue delay.
Coordination of the supervisory assessment of an emergency situation
1. For the purposes of Article 38 of Delegated Regulation (EU) 2025/791, the competent authority of the home Member State 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 branches affected or likely to be affected by the emergency situation.
2. The draft coordinated supervisory assessment shall cover the branches 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 supervise branches affected or likely to be affected shall be adequately reflected in the draft coordinated supervisory assessment.
3. Where the emergency situation is restricted to a specific branch, the member of the college of supervisors that is responsible for the supervision of that branch shall conduct, together with the competent authority of the home Member State, the supervisory assessment of the emergency situation.
Coordination, monitoring and update of the supervisory response to an emergency situation
1. When developing the coordinated response to an emergency situation as laid down in Article 39 of Delegated Regulation (EU) 2025/791, the competent authority of the home Member State shall adequately take into account the views of the members of the college of supervisors that supervise branches affected or likely to be affected by the emergency situation.
2. The competent authority of the home Member State shall, where relevant, coordinate the monitoring of the implementation of any actions set out in the coordinated supervisory response.
3. The members of the college of supervisors shall inform the competent authority of the home Member State about the evolution of the emergency situation and the implementation of any agreed actions related to the branches in their jurisdiction.
4. Any updates on the monitoring of the coordinated supervisory response shall be provided by the competent authority of the home Member State to the members of the college of supervisors, including EBA.
5. The development of the supervisory assessment of an emergency situation as referred to in Article 26 and the development of the coordinated supervisory response to that emergency situation may be carried out in parallel.
Repeal
Implementing Regulation (EU) 2016/99 is repealed.
References to the repealed Implementing Regulation shall be construed as references to this Regulation and read in accordance with the correlation table in Annex III.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
