PART 6Consolidated supervision

Co-ordination of supervisory activities by the EEA consolidating supervisor23

1

This regulation applies where the appropriate regulator is the EEA consolidating supervisor.

2

The appropriate authority must take such steps as it considers appropriate—

a

in going-concern situations—

i

to co-ordinate the gathering and dissemination of relevant or essential information;

ii

to plan and co-ordinate supervisory activities in co-operation with other relevant competent authorities;

b

in preparation for and during emergency situations, including adverse developments in institutions or in financial markets—

i

to co-ordinate the gathering and dissemination of relevant or essential information;

ii

to plan and co-ordinate supervisory activities, including exceptional measures, preparation of risk assessments, implementation of contingency plans and communication to the public, in co-operation with other relevant competent authorities and, where necessary, central banks.

3

For the purposes of paragraph (2)—

a

“essential information” has the same meaning as regulation 8(2); and

b

“exceptional measures” includes the imposition of a specific own funds requirement under Article 104 of the capital requirements directive and the imposition of any limitation on the use of the advanced measurement approach for the calculation of own funds requirements under Article 312(2) of the capital requirements regulation.

4

If a relevant competent authority does not co-operate with the appropriate regulator to the extent required in carrying out the tasks referred to in paragraph (2), the appropriate regulator may refer the matter to EBA (which may act in accordance with Article 19 of the EBA Regulation).