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Commission Implementing Regulation (EU) 2025/790 Section 2 — Planning and coordination of supervisory activities in going concern situations

Article 20–Article 23 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

General framework for the exchange of information between the competent authorities of the home Member State and members of the college of supervisors

Article 20

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

Article 21

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

Article 22

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

Article 23

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.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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