Mapping of a group of institutions
1. The consolidating supervisor shall map a group of institutions in accordance with the procedure set out in Article 1 of Commission Implementing Regulation (EU) 2025/790 ( 10 ) to identify the following group entities and branches:
(a)
institutions and branches established in a Member State, including financial holding companies or mixed financial holding companies approved in accordance with Article 21a of Directive 2013/36/EU;
(b)
financial sector entities authorised in a Member State;
(c)
institutions and branches established in a third country.
2. For the purposes of paragraph 1, point (a), the following information shall be reflected in the mapping:
(a)
the Member State where the institution is authorised or the branch is established;
(b)
the competent authority responsible for the supervision of the institution or the competent authority of the host Member State where the branch is established, and other financial sector authorities of that Member State, including competent authorities responsible for the supervision of markets in financial instruments, for the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, and for consumer protection;
(c)
whether the institution is subject to prudential supervision on an individual basis or whether the institution has been granted a waiver from the application of requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 on an individual basis pursuant to Articles 7, 8, or 10 of that Regulation;
(d)
the importance of the institution for the Member State where that institution is authorised and the criteria used by the competent authorities to determine that importance, in particular:
(i)
the size of the institution relative to the local market in terms of total assets and off-balance-sheet items;
(ii)
whether the market share of the institution in terms of deposits exceeds 2 % in the Member State where that institution is authorised;
(iii)
the likely impact of a suspension or closure of the operations of the institution on systemic liquidity and the payment, clearing and settlement systems in the Member State where that institution is authorised;
(iv)
the result of the assessment of systemic importance under Article 131(3) of Directive 2013/36/EU; and information on the importance of that institution for the group, provided that the total amount of assets and off-balance-sheet items of that institution exceeds 1 % of the group’s total assets and off-balance-sheet items on consolidated basis;
(e)
the importance of the branch for the Member State where that branch is established, in particular:
(i)
whether the branch is considered or is requested to be considered as significant in accordance with Article 51 of Directive 2013/36/EU;
(ii)
information on the importance of that branch for the group, provided that the total amount of assets and off-balance-sheet items of that branch exceeds 1 % of the group’s total assets and off-balance-sheet items on consolidated basis.
3. For the purposes of paragraph 1, points (b) and (c), the following information shall be reflected in the mapping:
(a)
the Member State where the financial sector entity is established or the third country where the institution or the branch is established;
(b)
the authority responsible for or involved in the supervision of that financial sector entity, institution or branch;
(c)
information on the importance of the financial sector entity, of the institution or of the branch for the group, provided that the total amount of assets and off-balance-sheet items of that financial sector entity, institution or branch exceeds 1 % of the group’s total assets and off-balance-sheet items on consolidated basis.
4. The mapping of the group of institutions shall reflect the following:
(a)
where Article 116(1a) of Directive 2013/36/EU applies, whether the head offices of all the cross-border subsidiaries of an EU parent institution or of an EU parent financial holding company or of an EU parent mixed financial holding company are authorised in third countries;
(b)
where Article 21b of Directive 2013/36/EU applies, whether one or two intermediate EU parent undertakings have been established in the Union.
Members and observers of a college of supervisors
1. The consolidating supervisor shall request the following authorities to become members of the college of supervisors in accordance with the procedure set out in Article 2 of Implementing Regulation (EU) 2025/790:
(a)
the competent authorities responsible for the supervision of institutions that are subsidiaries of an EU parent institution and the competent authorities of host Member States where significant branches as referred to in Article 51 of Directive 2013/36/EU are established;
(b)
the ESCB central banks of Member States that are involved in accordance with national law in the prudential supervision of the legal entities referred to in point (a), but that are not competent authorities;
(c)
EBA.
2. The consolidating supervisor shall request the following authorities to become observers of the college of supervisors in accordance with the procedure set out in Article 2 of Implementing Regulation (EU) 2025/790:
(a)
for the colleges of supervisors referred to in Article 116(1) of Directive 2013/36/EU, supervisory authorities of third countries where institutions or branches are established that are deemed important for the group as set out in Article 2(3), point (c), of this Regulation, provided that those supervisory authorities of third countries are subject to confidentiality requirements laid down in Article 116 of Directive 2013/36/EU;
(b)
for the colleges of supervisors referred to in Article 116(1a) of Directive 2013/36/EU, supervisory authorities of third countries where institutions are authorised, or branches, that are deemed important, as set out in Article 2(3), point (c), of this Regulation are established, provided that the supervisory authorities of third countries are subject to confidentiality requirements laid down in Article 116 of Directive 2013/36/EU;
(c)
the group-level resolution authority;
(d)
the lead supervisor of the college established for the purpose of facilitating cooperation between AML/CFT authorities (AML/CFT college);
(e)
where a second intermediate EU parent undertaking has been established in accordance with Article 21b(3), second subparagraph, of Directive 2013/36/EU, the consolidating supervisor of the second college of supervisors established in relation to that second intermediate EU parent undertaking under Article 116 of Directive 2013/36/EU or the group supervisor under Article 48 of Directive (EU) 2019/2034;
(f)
for a financial conglomerate, the coordinator referred to in Article 11(1) of Directive 2002/87/EC of the European Parliament and of the Council ( 11 ) , where different from the consolidating supervisor.
3. The consolidating supervisor may request the following authorities to become observers of the college of supervisors in accordance with the procedure set out in Article 2(1) of Implementing Regulation (EU) 2025/790:
(a)
the competent authorities of host Member States where non-significant branches are established;
(b)
the supervisory authorities of third countries where institutions or branches are established, other than the authorities referred to in paragraph 2, points (a) and (b);
(c)
the public authorities or bodies in a Member State that are responsible for or involved in the supervision of a group entity or branch, provided that the competent authority of the same host Member State has accepted to become a member or observer of the college of supervisors, including:
(i)
the AML/CFT authority of host Member States;
(ii)
authorities responsible for the supervision of markets in financial instruments;
(iii)
authorities responsible for consumer protection;
(iv)
authorities responsible for the prudential supervision of the group’s financial sector entities;
(d)
resolution authorities of host Member States, provided that the competent authority of the same host Member State has accepted to become a member or observer of the college of supervisors.
Communication about the establishment and composition of a college of supervisors
The consolidating supervisor shall communicate to the EU parent undertaking of the group the establishment of a college of supervisors, the identity of its members and observers, and any changes in the composition of that college.
Written coordination and cooperation arrangements
The written coordination and cooperation arrangements referred to in Article 115 of Directive 2013/36/EU shall include at least the following elements:
(a)
information on the overall structure of the group concerned, covering all group entities and branches;
(b)
identification of the members and observers of the college of supervisors;
(c)
the terms of the participation of observers in the college of supervisors as referred to in Article 3(2) and (3) and having regard to Article 17, including:
(i)
involvement of the observers in meetings and activities of the college of supervisors, and in emergency situations;
(ii)
rights and obligations of observers with regard to the information to be exchanged and the relevant procedure for the exchange of information between the consolidating supervisor and the observers;
(iii)
the provision of the information received from the observers towards members of the college of supervisors;
(d)
the arrangements for the exchange of information including the scope of the information, the frequency of the exchange and secure channels of communication;
(e)
the arrangements for the treatment of confidential information;
(f)
the arrangements for the entrustment of tasks and the delegation of responsibilities, where relevant;
(g)
a description of any substructures of the college of supervisors;
(h)
the arrangements for the planning and coordination of supervisory activities in going concern situations;
(i)
the arrangements for the planning and coordination of supervisory activities in preparation for and during emergency situations, including contingency planning, communication tools and procedures;
(j)
the communication policy of the consolidating supervisor and of the members of the college of supervisors with the EU parent undertaking and with the group entities or significant branches;
(k)
agreed procedures and deadlines for circulating the documents for meetings of the college of supervisors;
(l)
any other agreement between the members of the college of supervisors, including agreed indicators for identifying the early warning signs, potential risks and vulnerabilities;
(m)
the arrangements for providing input to the consolidating supervisor in accordance with Articles 12, 13, 16, 18, 45h, 91 and 92 of Directive 2014/59/EU, including for the purposes of the consultation procedure referred to in those Articles;
(n)
a description of the role of the consolidating supervisor in particular with regard to coordinating the provision of the input referred to in point (m) through the group-level resolution authority to the relevant resolution college;
(o)
the arrangements for the situation where a member or an observer terminates its participation in the college of supervisors;
(p)
the characteristics of an event of adverse material effect on the risk profile of the group and its entities, taking into account the specificities of the group, and the information to be exchanged, as agreed by the consolidating supervisor and the members of the college of supervisors, if such event arises.
Participation in meetings and activities of colleges of supervisors
1. When deciding which authorities shall participate in a meeting or in an activity of the college of supervisors in accordance with Article 116(7) of Directive 2013/36/EU, the consolidating supervisor shall take into account the following:
(a)
the topics to be discussed, the activities to be undertaken, and the objectives of the meeting or activity, in particular with regard to their relevance for each group entity and for the performance of the tasks of the observers;
(b)
the importance of the group entity for the Member State where the group entity is established, and its importance for the group.
2. The consolidating supervisor may invite the observers of the college of supervisors only to those specific agenda items of a meeting or activity that are relevant for the performance of the tasks of the observer.
3. The consolidating supervisor and the members of the college of supervisors shall, based on the topics discussed and objectives pursued, ensure that the most appropriate representatives participate in meetings or activities of the college of supervisors. Those representatives shall have the power to commit their authorities as members of the college of supervisors, to the maximum extent possible, for the decisions planned for the meetings or activities.
4. The consolidating supervisor may, based on the topics and objectives of the meeting or activity, invite representatives of group entities to participate in a meeting or an activity of the college of supervisors.
Entrustment of tasks and delegation of responsibilities
1. When establishing and updating the examination programme of the college of supervisors referred to in Article 16 of this Regulation, the consolidating supervisor and the members of the college of supervisors shall exchange views on possible entrustment of tasks and delegation of responsibilities. On that basis, the consolidating supervisor and the members of the college of supervisors shall consider to conclude an agreement, on a voluntary basis, on the entrustment of tasks, including on any possible delegation of responsibilities, where relevant, pursuant to Article 116(1), point (b), of Directive 2013/36/EU, if such entrustment or delegation is expected to lead to more efficient and effective supervision of the group, in particular by removing unnecessary duplications of supervisory requirements, including requirements in relation to information requests.
2. The conclusion of an agreement on entrustment of tasks or delegation of responsibilities shall be notified by the consolidating supervisor to the EU parent undertaking, and by the competent authority that entrusts its tasks or delegates its responsibilities to the institution concerned.
3. Where no agreement on entrustment of tasks or delegation of responsibilities can be reached between the consolidating supervisor and the members of the college of supervisors, the consolidating supervisor shall inform EBA accordingly.
Exchange of information between the members of the college of supervisors and a group of institutions
1. The consolidating supervisor and each member of the college of supervisors shall be responsible for communicating to and requesting information from the institutions and branches under their supervisory remit.
2. The consolidating supervisor or a member of the college of supervisors that exceptionally intends to communicate information to, or request information from, an institution or a branch outside its supervisory remit, shall inform the member of the college of supervisors responsible for that institution or branch thereof in advance.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
