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L 302/114


Official Journal of the European Union


  • (e)

    consistently applying the prudential requirements under this Directive across all entities within a banking group without prejudice to the options and discretions avail­ able in Community legislation;

  • (f)

    applying Article 129(1)(c) taking into account the work of other forums that may be established in this area.

The consolidating supervisor, subject to the confidentiality requirements under Chapter 1, Section 2, shall inform the Committee of European Banking Supervisors of the activities of the college of supervisors, including in emergency situa­ tions, and communicate to that Committee all information

that is of particular relevance for the purposes of supervisory convergence.’;

34. Article 132 is amended as follows:

The competent authorities participating in the colleges of supervisors shall cooperate closely. The confidentiality requirements under Chapter 1, Section 2 shall not prevent competent authorities from exchanging confidential infor­ mation within colleges of supervisors. The establishment and functioning of colleges of supervisors shall not affect the rights and responsibilities of the competent authorities under this Directive.

  • (a)

    in paragraph 1(d), the reference to Article 136 is replaced by the reference to Article 136(1);

  • (b)

    in paragraph 3(b), the reference to Article 136 is replaced by the reference to Article 136(1);

35. Article 150 is amended as follows:


The establishment and functioning of the colleges shall

be based on written arrangements referred to in Article 131, determined after consultation with competent authorities

(a) in paragraph 1, points (k) and (l) are replaced by the following:

concerned by the consolidating supervisor.

‘(k) the list and classification of off-balance sheet items in Annexes II and IV;

The Committee of European Banking Supervisors shall elabo­ rate guidelines for the operational functioning of colleges, including in relation to Article 42a(3).

The competent authorities responsible for the supervision of subsidiaries of an EU parent credit institution or an EU par­ ent financial holding company and the competent authori­ ties of a host country where significant branches as referred to in Article 42a are established, central banks as appropri­ ate, and third countries’ competent authorities where appro­ priate and subject to confidentiality requirements that are equivalent, in the opinion of all competent authorities, to the requirements under Chapter 1 Section 2, may participate in colleges of supervisors.

    • (l)

      adjustment of the provisions in Annexes III and V to XII in order to take account of developments on financial markets (in particular new financial prod­ ucts) or in accounting standards or requirements which take account of Community legislation, or with regard to convergence of supervisory practice.’;

  • (b)

    in paragraph 2, point (c) is replaced by the following:

‘(c) clarification of exemptions provided for in Article 113;’;

36. in Article 153, the third paragraph is replaced by the following:

The consolidating supervisor shall chair the meetings of the college and shall decide which competent authorities partici­ pate in a meeting or in an activity of the college. The con­ solidating supervisor shall keep all members of the college fully informed, in advance, of the organisation of such meet­ ings, the main issues to be discussed and the activities to be considered. The consolidating supervisor shall also keep all the members of the college fully informed, in a timely man­ ner, of the actions taken in those meetings or the measures carried out.

‘In the calculation of risk weighted exposure amounts for the purposes of Annex VI, Part 1, point 4, until 31 December 2015 the same risk weight shall be assigned in relation to exposures to Member States’ central governments or central banks denominated and funded in the domestic currency of any Member State as would be applied to such exposures denominated and funded in their domestic currency.’;

37. in Article 154, the following paragraphs are added:


Credit institutions which do not comply by 31 Decem­

The decision of the consolidating supervisor shall take account of the relevance of the supervisory activity to be planned or coordinated for those authorities, in particular the potential impact on the stability of the financial system in the Member States concerned referred to in Article 40(3) and the obligations referred to in Article 42a(2).

ber 2010 with the limits set out in Article 66(1a) shall develop strategies and processes on the necessary measures to resolve this situation before the dates set out in para­

graph 9 of this Article.

Those measures shall be reviewed under Article 124.

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