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Commission Delegated Regulation (EU) 2025/791 Section 1 — Establishment and functioning of colleges of supervisors

Article 25–Article 29 · 5 articles

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

Members and observers of a college of supervisors

Article 25

1.   Following the mapping of the institution with branches in other Member States carried out in accordance with the procedure set out in Article 18 of Implementing Regulation (EU) 2025/790, the competent authority of the home Member State shall request the following authorities to become members of the college of supervisors: (a) the competent authorities of the host Member States where significant branches are established; (b) the ESCB central banks of Member States that are involved in accordance with their national law in the prudential supervision of the significant branches referred to in point (a), but that are not competent authorities; (c) EBA. 2.   The competent authority of the home Member State shall 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 supervisory authorities of third countries where institutions are authorised or branches that are deemed important for the group, as set out in Article 2(3), point (c), of this Regulation are established, provided that those supervisory authorities are subject to confidentiality requirements laid down in Article 116 of Directive 2013/36/EU; (b) the resolution authority of the home Member State; (c) the AML/CFT authority of the home Member State; (d) 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, or the group supervisor of that second college of supervisors; (e) for a financial conglomerate, the coordinator referred to in Article 11(1) of Directive 2002/87/EC, where different from the competent authority of the home Member State. 3.   The competent authority of the home Member State 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, other than the authorities referred to in paragraph 2, point (a); (c) the public authorities or bodies in a Member State that are responsible for or involved in the supervision of the institution or its branches, 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) AML/CFT authority in a Member State; (ii) competent authorities responsible for the supervision of markets in financial instruments; (iii) authorities responsible for consumer protection; (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

Article 26

The competent authority of the home Member State shall communicate to the institution 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

Article 27

The establishment and functioning of colleges of supervisors for significant branches referred to in Article 51(3) of Directive 2013/36/EU shall be based on written coordination and cooperation arrangements determined in accordance with Article 5 of this Regulation.

Participation in meetings and activities of colleges of supervisors

Article 28

1.   When deciding which authorities shall participate in a meeting or activity of the college of supervisors in accordance with Article 51(3) of Directive 2013/36/EU, the competent authority of the home Member State shall take into account the following: (a) the topics to be discussed, the activities to be considered, and the objectives of the meeting or activity, in particular with regards to their relevance for each branch and for the performance of the tasks of the observers; (b) the importance of the branch in the Member State where that branch is established and its importance for the institution. 2.   The competent authority of the home Member State 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 competent authority of the home Member State 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 competent authority of the home Member State may, based on the topics and objectives of the meeting or activity, invite representatives of the institution to participate in meetings or activities of the college of supervisors.

Communication with the institution and its branches

Article 29

The communication with the institution and its branches shall be organised in correspondence with the supervisory responsibilities of the competent authority of the home Member State and the members of the college of supervisors as laid down in Title V, Chapter 4, and Title VII of Directive 2013/36/EU.

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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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