Members and observers of a college of supervisors
Article 3
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.