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| | Recitals |
| | Part I General Provisions (arts. 1-2) |
Entered into force | Article 1 Subject matter and purpose |
Entered into force | Article 2 Definitions |
| | Part II Organisation of the SSM (art. 3-18) |
| | Title 1 Structures for the supervision of significant and less significant supervised entities (arts. 3-7) |
| | Chapter 1 Supervision of significant supervised entities (arts. 3-6) |
Entered into force | Article 3 Joint supervisory teams |
Entered into force | Article 4 Establishment and composition of joint supervisory teams |
Entered into force | Article 5 Involvement of staff members from NCBs of participating Member States |
Entered into force | Article 6 JST coordinator and sub-coordinators |
| | Chapter 2 Supervision of less significant supervised entities (art. 7) |
Entered into force | Article 7 Involvement of staff members from other NCAs in an NCA's supervisory team |
| | Title 2 Supervision on a consolidated basis and participation of the ECB and NCAs in colleges of supervisors (arts. 8-10) |
Entered into force | Article 8 Supervision on a consolidated basis |
Entered into force | Article 9 The ECB as chair of a college of supervisors |
Entered into force | Article 10 The ECB and NCAs as members of a college of supervisors |
| | Title 3 Procedures for the right of establishment and freedom to provide services (arts. 11-17) |
| | Chapter 1 Procedures for the right of establishment and freedom to provide services within the SSM (arts. 11-12) |
Entered into force | Article 11 Right of establishment of credit institutions within the SSM |
Entered into force | Article 12 Exercise of the freedom to provide services by credit institutions within the SSM |
| | Chapter 2 Procedures for the right of establishment and freedom of credit institutions established in non-participating Member States to provide services within the SSM (arts. 13-16) |
Entered into force | Article 13 Notification of the exercise of the right of establishment within the SSM by credit institutions established in non-participating Member States |
Entered into force | Article 14 Competent authority of the host Member State for branches |
Entered into force | Article 15 Notification of the exercise of the freedom to provide services within the SSM by credit institutions established in non-participating Member States |
Entered into force | Article 16 Competent authority of the host Member State for freedom to provide services |
| | Chapter 3 Procedures for the right of establishment and freedom to provide services in relation to non-participating Member States (art. 17) |
Entered into force | Article 17 Right of establishment and exercise of the freedom to provide services in relation to non-participating Member States |
| | Title 4 Supplementary supervision of financial conglomerates (art. 18) |
Entered into force | Article 18 Coordinator |
| | Part III General provisions applying to the operation of the SSM (arts. 19-38) |
| | Title 1 Principles and obligations (arts. 19-24) |
Entered into force | Article 19 Overview |
Entered into force | Article 20 Duty to cooperate in good faith |
Entered into force | Article 21 General obligation to exchange information |
Entered into force | Article 22 Right of the ECB to instruct NCAs or NDAs to make use of their powers and to take action if the ECB has a supervisory task but no related power |
Entered into force | Article 23 Language regime between the ECB and NCAs |
Entered into force | Article 24 Language regime between the ECB and legal or natural persons, including supervised entities |
| | Title 2 General provisions relating to due process for adopting ECB supervisory decisions (arts. 25-35) |
| | Chapter 1 ECB supervisory procedures (arts. 25-32) |
Entered into force | Article 25 General principles |
Entered into force | Article 26 Parties |
Entered into force | Article 27 Representation of a party |
Entered into force | Article 28 General obligations of the ECB and parties to an ECB supervisory procedure |
Entered into force | Article 29 Evidence in ECB supervisory procedures |
Entered into force | Article 30 Witnesses and experts in ECB supervisory procedures |
Entered into force | Article 31 Right to be heard |
Entered into force | Article 32 Access to files in an ECB supervisory procedure |
| | Chapter 2 ECB supervisory decisions (arts. 33-35) |
Entered into force | Article 33 Motivation of ECB supervisory decisions |
Entered into force | Article 34 Suspensory effect |
Entered into force | Article 35 Notification of ECB supervisory decisions |
| | Title 3 Reporting of breaches (arts. 36-38) |
Entered into force | Article 36 Reporting of breaches |
Entered into force | Article 37 Appropriate protection for reports of breaches |
Entered into force | Article 38 Procedures for the follow-up of reports |
| | Part IV Determining the status of a supervised entity as significant or less significant (arts. 39-72) |
| | Title 1 General provisions relating to the classification as significant or less significant (arts. 39-42) |
Entered into force | Article 39 Classifying a supervised entity on an individual basis as significant |
Entered into force | Article 40 Classifying supervised entities which are part of a group as significant |
Entered into force | Article 41 Specific provisions in respect of branches of credit institutions established in non-participating Member States |
Entered into force | Article 42 Specific provisions in respect of subsidiaries of credit institutions established in non-participating Member States and third countries |
| | Title 2 Procedure for classifying supervised entities as significant supervised entities (arts. 43-49) |
| | Chapter 1 Classifying a supervised entity as significant (arts. 43-44) |
Entered into force | Article 43 Review of the status of a supervised entity |
Entered into force | Article 44 Procedure to be applied in determining the significance of a supervised entity |
| | Chapter 2 Beginning and end of direct supervision by the ECB (arts. 45-48) |
Entered into force | Article 45 Beginning of direct supervision by the ECB |
Entered into force | Article 46 End of direct supervision by the ECB |
Entered into force | Article 47 Reasons for ending direct supervision by the ECB |
Entered into force | Article 48 Pending procedures |
| | Chapter 3 List of supervised entities (art. 49) |
Entered into force | Article 49 Publication |
| | Title 3 Determining significance on the basis of size (arts. 50-55) |
Entered into force | Article 50 Determining significance on the basis of size |
Entered into force | Article 51 Basis for determining whether or not a supervised entity is significant on the basis of size |
Entered into force | Article 52 Basis for determining significance on the basis of size in specific or exceptional circumstances |
Entered into force | Article 53 Groups of consolidated undertakings |
Entered into force | Article 54 Method of consolidation |
Entered into force | Article 55 Method for calculating total assets |
| | Title 4 Determining significance on the basic of importance for the economy of the Union or any participating Member State (arts. 56-58) |
Entered into force | Article 56 National economic importance threshold |
Entered into force | Article 57 Criteria for determining significance on the basis of importance for the economy of the Union or any participating Member State |
Entered into force | Article 58 Determining significance on the basis of importance for the economy of any participating Member State at the request of an NCA |
| | Title 5 Determining significance on the basis of the significance of cross-border activities (arts. 59-60) |
Entered into force | Article 59 Criteria for determining significance on the basis of the significance of cross-border activities of a supervised group |
Entered into force | Article 60 Cross-border assets and liabilities |
| | Title 6 Determining significante on the basic of a request for or the receipt of public financial assistance from the ESM (arts. 61-64) |
Entered into force | Article 61 Request for or receipt of direct public financial assistance from the ESM |
Entered into force | Article 62 Obligation of NCAs to inform the ECB of a possible request for or receipt of public financial assistance by a less significant supervised entity |
Entered into force | Article 63 Beginning and end of direct supervision |
Entered into force | Article 64 Scope |
| | Title 7 Determining significance on the basis that the supervised entity is one of the three most significant credit institutions in a participating Member State (arts. 65-66) |
Entered into force | Article 65 Criteria for determining the three most significant credit institutions in a participating Member State |
Entered into force | Article 66 Review process |
| | Title 8 ECB decision to directly supervise less significant supervised entities pursuant to article 6(5)(b) of the SSM regulation (arts. 67-69) |
Entered into force | Article 67 Criteria for an ECB decision pursuant to Article 6(5)(b) of the SSM Regulation |
Entered into force | Article 68 Procedure for preparing an ECB decision pursuant to Article 6(5)(b) of the SSM Regulation at the request of an NCA |
Entered into force | Article 69 Procedure for preparing ECB decisions pursuant to Article 6(5)(b) of the SSM Regulation on the ECB's own initiative |
| | Title 9 Particular circumstances that may justify the classification of a supervised entity as less significant although the criteria for classification as significant are fulfilled ( arts. 70-72) |
Entered into force | Article 70 Particular circumstances leading to the classification of a significant supervised entity as less significant |
Entered into force | Article 71 Assessment of the existence of particular circumstances |
Entered into force | Article 72 Review |
| | Part V Common procedures (arts. 73-88) |
| | Title 1 Cooperation with regard to an application for an authorisation to take up the business of a credit institution (arts. 73-79) |
Entered into force | Article 73 Notification of the ECB of an application for an authorisation to take up the business of a credit institution |
Entered into force | Article 74 NCAs' assessment of applications |
Entered into force | Article 75 NCAs' decisions rejecting an application |
Entered into force | Article 76 NCAs' draft decisions on the authorisation to take up the business of a credit institution |
Entered into force | Article 77 ECB's assessment of applications and hearing of applicants |
Entered into force | Article 78 ECB decisions on applications |
Entered into force | Article 79 Procedure for the lapsing of the authorisation |
| | Title 2 Cooperation with regard to the withdrawal of an authorisation (arts. 80-84) |
Entered into force | Article 80 NCAs' proposal to withdraw an authorisation |
Entered into force | Article 81 ECB's assessment of a draft withdrawal decision |
Entered into force | Article 82 Assessment on the ECB's own initiative and consultation of NCAs |
Entered into force | Article 83 ECB decision on the withdrawal of an authorisation |
Entered into force | Article 84 Procedure in case of potential resolution measures to be taken by national authorities |
| | Title 3 Cooperation with regard to the acquisition of qualifying holdings (arts. 85-87) |
Entered into force | Article 85 Notification to NCAs of the acquisition of a qualifying holding |
Entered into force | Article 86 Assessment of potential acquisitions |
Entered into force | Article 87 ECB decision on acquisition |
| | Title 4 Notification of decisions on common procedures (art. 88) |
Entered into force | Article 88 Procedures for notification of decisions |
| | Part VI Procedures for the supervision of significant supervised entities (arts. 89-95) |
| | Title 1 Supervision of significant supervised entities and assistance by NCAs (arts. 89-92) |
Entered into force | Article 89 Supervision of significant supervised entities |
Entered into force | Article 90 Role of the NCAs in assisting the ECB |
Entered into force | Article 91 Draft decisions to be prepared by NCAs for the ECB's consideration |
Entered into force | Article 92 Exchange of information |
| | Title 2 Compliance with fit and proper requirements for persons responsible for managing credit institutions (arts. 93-94) |
Entered into force | Article 93 Assessment of the suitability of members of the management bodies of significant supervised entities |
Entered into force | Article 94 On-going review of managers' suitability |
| | Title 3 Other procedures to be applied by significant supervised entities (art. 95) |
Entered into force | Article 95 Requests, notifications or applications by significant supervised entities |
| | Part VII Procedures for the supervision of less significant supervised entities (arts. 96-100) |
| | Title 1 NCAs' Notification to the ECB of material NCA supervisory procedures and material draft supervisory decision (arts. 96-98) |
Entered into force | Article 96 Deterioration of the financial situation of a less significant supervised entity |
Entered into force | Article 97 NCAs' notification to the ECB of material NCA supervisory procedures |
Entered into force | Article 98 Notification by NCAs to the ECB of material draft supervisory decisions |
| | Title 2 Ex-post reporting by NCAs to the ECB regarding less significant supervised entities (arts. 99-100) |
Entered into force | Article 99 General obligation of NCAs to report to the ECB |
Entered into force | Article 100 Frequency and scope of reports to be submitted by NCAs to the ECB |
| | Part VIII Cooperation between the ECB, NCAs and NDAs with regard to macro-prudential tasks and tools (arts. 101-105) |
| | Title 1 Definition of macro-prudential tools (arts. 101-102) |
Entered into force | Article 101 General provisions |
Entered into force | Article 102 Application of macro-prudential tools by the ECB |
| | Title 2 Procedural provisions for the use of macro-prudential tools (arts. 103-105) |
Entered into force | Article 103 List of NCAs and NDAs responsible for macro-prudential tools |
Entered into force | Article 104 Exchange of information and cooperation in respect of the use of macro-prudential tools by an NCA or an NDA |
Entered into force | Article 105 Exchange of information and cooperation in respect of the ECB's use of macro-prudential tools |
| | Part IX Procedures for close cooperation (arts. 106-119) |
| | Title 1 General principles and common provisions (arts. 106-108) |
Entered into force | Article 106 Procedure for the establishment of a close cooperation |
Entered into force | Article 107 Principles to be applied when a close cooperation has been established |
Entered into force | Article 108 Legal instruments related to supervision in connection with close cooperation |
| | Title 2 Close cooperation in relation to Parts III, IV, V, VIII, X and XI (arts. 109-114) |
Entered into force | Article 109 Language regime under the regime of close cooperation |
Entered into force | Article 110 Assessment of significance of credit institutions under the regime of close cooperation |
Entered into force | Article 111 Common procedures under the regime of close cooperation |
Entered into force | Article 112 Macro-prudential tools under the regime of close cooperation |
Entered into force | Article 113 Administrative penalties under the regime of close cooperation |
Entered into force | Article 114 Investigatory powers pursuant to Articles 10 to 13 of the SSM Regulation under the regime of close cooperation |
| | Title 3 Close cooperation in respect of significant supervised entities (arts. 115-116) |
Entered into force | Article 115 Supervision of significant supervised entities in a participating Member State in close cooperation |
Entered into force | Article 116 Decisions in respect of significant supervised entities and significant supervised groups |
| | Title 4 Close cooperation in respect of less significant supervised entities and less significant supervised groups (art. 117) |
Entered into force | Article 117 Supervision of less significant supervised entities and less significant supervised groups |
| | Title 5 Procedure in case of disagreement of a participating Member State in close cooperation (arts. 118-119) |
Entered into force | Article 118 Procedure in case of disagreement with the Supervisory Board's draft decision pursuant to Article 7(8) of the SSM Regulation |
Entered into force | Article 119 Procedure in case of disagreement with an objection of the Governing Council to a Supervisory Board's draft decision pursuant to Article 7(7) of the SSM Regulation |
| | Part X Administrative penalties (arts. 120-137) |
| | Title 1 Definitions and relationship to Council Regulation (EC) No 2532/98 (arts. 120-122) |
Entered into force | Article 120 Definition of administrative penalties |
Entered into force | Article 121 Relationship to Regulation (EC) No 2532/98 |
Entered into force | Article 122 ECB powers to impose administrative penalties under Article 18(7) of the SSM Regulation |
| | Title 2 Procedural rules for the imposition of administrative penalties, other than periodic penalty payments, on supervised entities in euro area Member States (arts. 123-128) |
Entered into force | Article 123 Establishment of an independent investigating unit |
Entered into force | Article 124 Referral of alleged breaches to the investigating unit |
Entered into force | Article 125 Powers of the investigating unit |
Entered into force | Article 126 Procedural rights |
Entered into force | Article 127 Examination of the file by the Supervisory Board |
Entered into force | Article 128 Definition of total annual turnover for the purpose of determining the upper limit for administrative pecuniary penalties |
| | Title 3 Periodic penalty payments (art. 129) |
Entered into force | Article 129 Procedural rules applicable to periodic penalty payments |
| | Title 4 Time limits (arts. 130-131) |
Entered into force | Article 130 Limitation periods for imposing administrative penalties |
Entered into force | Article 131 Limitation periods for the enforcement of administrative penalties |
| | Title 5 Publication of decisions and exchange of information (arts. 132-133) |
Entered into force | Article 132 Publication of decisions regarding administrative penalties |
Entered into force | Article 133 Informing the EBA |
| | Title 6 Cooperation between the ECB and NCAs in euro area Member States under article 18(5) of the SSM Regulation (arts. 134-135) |
Entered into force | Article 134 Significant supervised entities |
Entered into force | Article 135 Reporting in respect of less significant supervised entities |
| | Title 7 Criminal offences (art. 136) |
Entered into force | Article 136 Evidence of facts potentially giving rise to a criminal offence |
| | Title 8 Proceeds from penalties (art. 137) |
Entered into force | Article 137 Proceeds from penalties |
| | Part XI Access to information, reporting, investigations and on-site inspections (arts. 138-146) |
| | Title 1 General principles (art. 138) |
Entered into force | Article 138 Cooperation between the ECB and NCAs as regards the powers referred to in Articles 10 to 13 of the SSM Regulation |
| | Title 2 Cooperation in respect of requests for information (art. 139) |
Entered into force | Article 139 Ad-hoc requests for information under Article 10 of the SSM Regulation |
| | Title 3 Reporting (arts. 140-141) |
Entered into force | Article 140 Tasks related to supervisory reporting to competent authorities |
Entered into force | Article 141 Requests for information at recurring intervals under Article 10 of the SSM Regulation |
| | Title 4 Cooperation with regard to general investigations (art. 142) |
Entered into force | Article 142 Launch of a general investigation under Article 11 of the SSM Regulation |
| | Title 5 On-site inspections (arts. 143-146) |
Entered into force | Article 143 ECB decision to conduct an on-site inspection under Article 12 of the SSM Regulation |
Entered into force | Article 144 Establishment and composition of on-site inspection teams |
Entered into force | Article 145 Procedure and notification of an on-site inspection |
Entered into force | Article 146 Conduct of the on-site inspections |
| | Part XII Transitional and final provisions (arts. 147-153) |
Entered into force | Article 147 Start of direct supervision by the ECB when the ECB assumes its tasks for the first time |
Entered into force | Article 148 Defining the format of the report on supervisory history and risk profile to be provided by NCAs to the ECB |
Entered into force | Article 149 Continuity of existing procedures |
Entered into force | Article 150 Supervisory decisions taken by NCAs |
Entered into force | Article 151 Member States whose currency becomes the euro |
Entered into force | Article 152 Continuity of existing arrangements |
Entered into force | Article 153 Final provisions |
| | Done at |
