Commission Delegated Regulation (EU) 2025/791 Section 3 — Planning and coordination of supervisory activities in preparation for and during emergency situations
Article 19–Article 24 · 6 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
1. The consolidating supervisor and the members of the college of supervisors shall establish a college framework in anticipation of possible emergency situations in accordance with Article 112(1), point (c), of Directive 2013/36/EU (‘college framework for emergency situations’), taking into account the specific features and structure of the group of institutions.
2. The college framework for emergency situations shall include the following:
(a)
the college-specific procedures that are to apply where an emergency situation as referred to in Article 114(1) of Directive 2013/36/EU arises;
(b)
the minimum information that is to be exchanged where an emergency situation as referred to in Article 114(1) of Directive 2013/36/EU arises.
3. The minimum information referred to in paragraph 2, point (b), shall include the following:
(a)
an outline of the emergency situation that has occurred, including the underlying cause of the emergency situation, and the expected impact of the emergency situation on the group entities and the group as a whole, on the market liquidity and on the stability of the financial system;
(b)
an explanation of the measures and actions that have been taken or are planned, by the consolidation supervisor or any of the members of the college of supervisors or by the group entities themselves in response to the emergency situation;
(c)
the latest available quantitative information regarding the liquidity and capital position of the group entities affected or likely to be affected by the emergency situation on an individual and consolidated basis.
Exchange of information during an emergency situation
1. The consolidating supervisor and the members of the college of supervisors shall exchange all information necessary to facilitate the exercise of the tasks referred to in Article 114(1) of Directive 2013/36/EU, subject to the confidentiality requirements laid down in Section II of Chapter 1 of Title VII of that Directive, and where applicable, Articles 76 and 81 of Directive 2014/65/EU.
2. Upon being alerted of an emergency situation by any member or observer of the college of supervisors, or after having identified an emergency situation, the consolidating supervisor shall communicate the information referred to in Article 19(2), point (b), following the procedures established in accordance with point (a) of that paragraph, to the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by the emergency situation, and to EBA.
3. Depending on the nature, severity, potential systemic impact or other impact, and on the likelihood of contagion of the emergency situation, the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by that emergency situation and the consolidating supervisor may exchange additional information.
4. Where the information referred to in paragraphs 2 and 3 is relevant for the performance of the tasks of observers, and in particular of the group-level resolution authority, the consolidating supervisor shall communicate that information to those observers.
5. When responding to an emergency situation as referred to in Article 16 of Implementing Regulation (EU) 2025/790, the consolidating supervisor shall without undue delay involve the group-level resolution authority and share input received from that authority with the members of the college of supervisors.
Coordination of the supervisory assessment of an emergency situation
1. Where an emergency situation occurs, the consolidating supervisor shall coordinate and prepare the assessment of the emergency situation (‘coordinated supervisory assessment’) in cooperation with the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by that emergency situation.
2. The coordinated supervisory assessment of the emergency situation, carried out in accordance with the procedure set out in Article 15 of Implementing Regulation (EU) 2025/790, shall cover the following:
(a)
the nature and severity of the emergency situation;
(b)
the impact or potential impact of the emergency situation on the group as a whole and on any of its affected or likely to be affected group entities;
(c)
the risk of cross-border contagion.
3. For the purposes of paragraph 2, point (c), the consolidating supervisor shall consider the potential systemic consequences in any of the Member States where entities of the group or significant branches are established.
Coordination of the supervisory response to an emergency situation
1. Where an emergency situation occurs, the consolidating supervisor shall coordinate the development of a supervisory response to the emergency situation (‘coordinated supervisory response’) in cooperation with the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by that emergency situation.
2. The coordinated supervisory response shall be based on the coordinated supervisory assessment referred to in Article 21 and shall specify the supervisory actions needed, their scope, and the timetable for their implementation.
3. The coordinated supervisory response shall take into account any input provided by the group-level resolution authority.
Monitoring of the implementation of the coordinated supervisory response to an emergency situation
1. The consolidating supervisor and the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by the emergency situation shall monitor and exchange information on the implementation of the coordinated supervisory response referred to in Article 22.
2. The information referred to in paragraph 1 shall include an update on the implementation of the agreed actions within the foreseen timetable, as referred to in Article 22(2), and the need to update or adjust those actions.
Coordination of external communication in an emergency situation
1. The consolidating supervisor and the members of the college of supervisors that supervise group entities or significant branches affected or likely to be affected by the emergency situation shall coordinate to the extent possible their external communications.
2. For the purposes of paragraph 1, the consolidating supervisor and the members of the college of supervisors shall agree on the following elements:
(a)
the allocation of responsibilities for coordinating external communication at the different stages of the emergency situation;
(b)
the level of information to be disclosed taking into account the need to maintain market confidence and any other additional disclosure obligations where financial instruments issued by group entities affected or likely to be affected by the emergency situation are publicly traded in one or more regulated markets in the Union;
(c)
the coordination of public statements, including the statements made by only one member of the college of supervisors, in particular where those public statements are likely to have consequences for group entities or significant branches supervised by other members of the college of supervisors;
(d)
the allocation of responsibilities and appropriate timing for contacting group entities;
(e)
the allocation of responsibilities and actions to be taken for communicating externally the coordinated actions taken to address the emergency situation;
(f)
a description of possible coordination with another group or college that may be involved in dealing with an emergency situation affecting the group, including a crisis management group or a resolution college.
