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Regulation (EU) No 1093/2010 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC

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Article 40Composition

1.The Board of Supervisors shall be composed of:

(a)the Chairperson, who shall be non-voting;

(b)the head of the national public authority competent for the supervision of credit institutions in each Member State, who shall meet in person at least twice a year;

(c)one representative of the Commission, who shall be non-voting;

(d)one representative of the European Central Bank, who shall be non-voting;

(e)one representative of the ESRB, who shall be non-voting;

(f)one representative of each of the other two European Supervisory Authorities, who shall be non-voting.

2.The Board of Supervisors shall convene meetings with the Banking Stakeholder Group regularly, at least twice a year.

3.Each competent authority shall be responsible for nominating a high-level alternate from its authority, who may replace the member of the Board of Supervisors referred to in paragraph 1(b), where that person is prevented from attending.

4.Where the authority referred to in paragraph 1(b) is not a central bank, the member of the Board of Supervisors referred to in that point may decide to bring a representative from the Member State’s central bank, who shall be non-voting.

5.In Member States where more than one authority is responsible for the supervision according to this Regulation, those authorities shall agree on a common representative. Nevertheless, when an item to be discussed by the Board of Supervisors does not fall within the competence of the national authority being represented by the member referred to in paragraph 1(b), that member may bring a representative from the relevant national authority, who shall be non-voting.

6.For the purpose of acting within the scope of Directive 94/19/EC, the member of the Board of Supervisors referred to in paragraph 1(b) may, where appropriate, be accompanied by a representative from the relevant bodies which administer deposit-guarantee schemes in each Member State, who shall be non-voting.

7.The Board of Supervisors may decide to admit observers.

The Executive Director may participate in meetings of the Board of Supervisors, without the right to vote.

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