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Commission Implementing Regulation (EU) 2025/2338 of 20 November 2025 amending Implementing Regulation (EU) 2016/100 laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council

Commission Implementing Regulation (EU) 2025/2338 of 20 November 2025 amending Implementing Regulation (EU) 2016/100 laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council

Implementing Regulation (EU) 2025/2338 · Regulation · 2 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Subject matter

Article 1

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Implementing Regulation (EU) 2016/100 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation specifies the joint decision process referred to in Article 20(1), point (a), of Regulation (EU) No 575/2013 with regard to the applications for the permissions referred to in Article 143(1), Article 151(9), Article 283, and Article 325az, or Article 363 in the version in force on 8 July 2024, of that Regulation to facilitate joint decisions.’ ; (2) in Article 3, paragraph 1 is replaced by the following: ‘1.   The consolidating supervisor may decide to involve third country supervisory authorities which participate in the supervisory college pursuant to Article 3(3) of Commission Delegated Regulation (EU) 2025/791  ( *1 )  in the assessment of applications submitted pursuant to Article 20(1), point (a), of Regulation (EU) No 575/2013 where the applicant operates in that third country and intends to apply the methodologies concerned to exposures in that third country. In that case, both the consolidating supervisor and the third country supervisory authorities shall agree on the scope of involvement of those authorities for the following purposes: (a) the provision by the third country supervisory authorities to the consolidating supervisor of their contribution to the assessment report prepared by the consolidating supervisor; (b) the addition as annexes of the contributions referred to in point (a) of this paragraph to the assessment report prepared by the consolidating supervisor. ( *1 )   Commission Delegated Regulation (EU) 2025/791 of 23 April 2025 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the general conditions for the functioning of supervisory colleges, and repealing Commission Delegated Regulation (EU) 2016/98 ( OJ L, 2025/791, 8.8.2025 ELI: http://data.europa.eu/eli/reg_del/2025/791/oj ).’;" (3) Article 4 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1.   Upon receipt of an application for a permission as referred to in Article 143(1), Article 151(9), Article 283, and Article 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013, the consolidating supervisor shall forward the application to the relevant competent authorities without undue delay, and in any case within 10 days.’ ; (b) paragraph 3 is replaced by the following: ‘3.   An application shall be deemed complete if it contains all information needed by the competent authorities to assess the application in accordance with the requirements set out in Articles 143, 144, 151, 283, and 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013.’ ; (4) in Article 5(3), point (c) is replaced by the following: ‘(c) it shall take into account, as far as possible, the other activities undertaken by the consolidating supervisor and the relevant competent authorities under the examination programme of the supervisory college referred to in Article 16 of Delegated Regulation (EU) 2025/791.’; (5) in Article 6, paragraph 3 is amended as follows: (a) point (a) is replaced by the following: ‘(a) an opinion on whether or not the permission requested should be granted, based on the requirements set out in Article 143(1), Article 151(9), Article 283, and Article 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013, together with the reasoning to support that opinion;’; (b) point (c) is replaced by the following: ‘(c) the assessments relating to the matters which competent authorities are required to assess in accordance with the requirements set out in Articles 143, 144, 151, 283, and 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013;’; (6) in Article 7(3), point (i) is replaced by the following: ‘(i) any terms and conditions to be met by the applicant, including corresponding reasoning, before using the permission referred to in Article 143(1), Article 151(9), Article 283, and Article 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013, where applicable;’; (7) in Article 13, paragraph 1 is replaced by the following: ‘1.   Where an application for permission relates to material model extensions or changes as referred to in Article 143(3), Article 151(9), Article 283, and Article 325az, or Article 363 in the version in force on 8 July 2024, of Regulation (EU) No 575/2013, the consolidating supervisor and the competent authorities responsible for the supervision of institutions that are affected by these material model extensions or changes shall work together, in full consultation, to decide whether or not to grant the permission sought in accordance with Article 20 of Regulation (EU) No 575/2013, following the process set out in Articles 3 to 9 of this Regulation.’ .

Article 2

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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

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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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