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Title VII Prudential Supervision (arts. 49-142)

Comparing proposed amendment...
Chapter 1 Principles of prudential supervision (arts. 49-72)
Section I Competence and duties of home and host Member States (arts. 49-52)
Entered into force
Article 49 Competence of the competent authorities of the home and host Member States
Entered into force
Article 50 Collaboration concerning supervision
Amended
Article 51 Significant branches
Entered into force
Article 52 On-the-spot checking and inspection of branches established in another Member State
Section II Exchange of information and professional secrecy (arts. 53-62)
Amended
Article 53 Professional secrecy
Entered into force
Article 54 Use of confidential information
Inserted
Article 54a
Entered into force
Article 55 Cooperation agreements
Amended
Article 56 Exchange of information between authorities
Amended
Article 57 Exchange of information with oversight bodies
Entered into force
Article 58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects
Inserted
Article 58a Transmission of information to international bodies
Entered into force
Article 59 Transmission of information to other entities
Entered into force
Article 60 Disclosure of information obtained by on-the-spot checks and inspections
Entered into force
Article 61 Disclosure of information concerning clearing and settlement services
Entered into force
Article 62 Processing of personal data
Section III Duty of persons responsible for the legal control of annual and consolidated accounts (art. 63)
Amended
Article 63 Duty of persons responsible for the legal control of annual and consolidated accounts
Section IV Supervisory powers, powers to impose penalties and right of appeal (arts. 64-72)
Amended
Article 64 Supervisory powers and powers to impose penalties
Amended
Article 65 Administrative penalties, periodic penalty payments and other administrative measures
Amended
Article 66 Administrative penalties, periodic penalty payments and other administrative measures for breaches of authorisation requirements and requirements for acquisitions or divestiture of material holdings, material transfers of assets and liabilities, mergers or divisions
Amended
Article 67 Other provisions
Entered into force
Article 68 Publication of administrative penalties
Entered into force
Article 69 Exchange of information on penalties and maintenance of a central database by EBA
Amended
Article 70 Effective application of administrative penalties and other administrative measures, and exercise of powers to impose penalties by competent authorities
Entered into force
Article 71 Reporting of breaches
Entered into force
Article 72 Right of appeal
Chapter 2 Review Processes (arts. 73-110)
Section I Internal capital adequacy assessment process (art. 73)
Amended
Article 73 Internal Capital
Section II Arrangements, processes and mechanisms of institutions (arts. 74-96)
Sub-Section 1 General principles (arts. 74-75)
Amended
Article 74 Internal governance and recovery and resolution plans
Amended
Article 75 Oversight of remuneration policies
Sub-Section 2 Technical criteria concerning the organisation and treatment of risks (arts. 76-87a)
Amended
Article 76 Treatment of risks
Amended
Article 77 Internal Approaches for calculating own funds requirements
Amended
Article 78 Supervisory benchmarking of approaches for calculating own funds requirements
Amended
Article 79 Credit and counterparty risk
Entered into force
Article 80 Residual risk
Amended
Article 81 Concentration risk
Entered into force
Article 82 Securitisation risk
Amended
Article 83 Market risk
Amended
Article 84 Interest risk arising from non-trading book activities
Amended
Article 85 Operational risk
Amended
Article 86 Liquidity risk
Entered into force
Article 87 Risk of excessive leverage
Inserted
Article 87a Environmental, social and governance risks
Sub-Section 3 Governance (arts. 88-96)
Amended
Article 88 Governance arrangements
Amended
Article 89 Country-by-country reporting
Entered into force
Article 90 Public disclosure of return on assets
Amended
Article 91 Management body and suitability assessment
Inserted
Article 91a Key function holders and suitability assessment
Amended
Article 92 Remuneration policies
Entered into force
Article 93 Institutions that benefit from government intervention
Amended
Article 94 Variable elements of remuneration
Entered into force
Article 95 Remuneration Committee
Entered into force
Article 96 Maintenance of a website on corporate governance and remuneration
Section III Supervisory review and evaluation process (arts. 97-101)
Amended
Article 97 Supervisory review and evaluation
Amended
Article 98 Technical criteria for the supervisory review and evaluation
Amended
Article 99 Supervisory examination programme
Amended
Article 100 Supervisory stress testing
Amended
Article 101 Ongoing review of the permission to use internal approaches
Section IV Supervisory measures and powers (arts. 102-107)
Entered into force
Article 102 Supervisory measures
Deleted
Article 103 Application of supervisory measures to institutions with similar risk profiles
Amended
Article 104 Supervisory powers
Amended
Article 104a Additional own funds requirement
Amended
Article 104b Guidance on additional own funds
Inserted
Article 104c Cooperation with resolution authorities
Amended
Article 105 Specific liquidity requirements
Amended
Article 106 Specific publication requirements
Entered into force
Article 107 Consistency of supervisory reviews, evaluations and supervisory measures
Section V Level of application (arts. 108-110)
Amended
Article 108 Internal capital adequacy assessment process
Amended
Article 109 Institutions' arrangements, processes and mechanisms
Amended
Article 110 Review and evaluation and supervisory measures
Chapter 3 Supervision on a consolidated basis (art. 110a-127)
Section I Application of this Chapter to investment firm groups (art. 110a)
Inserted
Article 110a Scope of application to investment firm groups
Section I Principles for conducting supervision on a consolidated basis (arts. 111-118)
Amended
Article 111 Determination of the consolidating supervisor
Entered into force
Article 112 Coordination of supervisory activities by the consolidating supervisor
Amended
Article 113 Joint decisions on institution-specific prudential requirements
Amended
Article 114 Information requirements in emergency situations
Amended
Article 115 Coordination and cooperation arrangements
Amended
Article 116 Colleges of supervisors
Inserted
Article 116a Accessibility of information on the European single access point
Amended
Article 117 Cooperation obligations
Entered into force
Article 118 Checking information concerning entities in other Member States
Section II Financial holding companies, mixed financial holding companies and mixed-activity holding companies (arts. 119-127)
Amended
Article 119 Inclusion of holding companies in consolidated supervision
Amended
Article 120 Supervision of mixed financial holding companies
Amended
Article 121 Qualification of members of the management body
Entered into force
Article 122 Requests for information and inspections
Entered into force
Article 123 Supervision
Entered into force
Article 124 Exchange of information
Amended
Article 125 Cooperation
Entered into force
Article 126 Penalties
Entered into force
Article 127 Assessment of equivalence of third countries' consolidated supervision
Chapter 4 Capital Buffers (arts. 128-142)
Section I Buffers (arts. 128-134)
Amended
Article 128 Definitions
Amended
Article 129 Requirement to maintain a capital conservation buffer
Amended
Article 130 Requirement to maintain an institution-specific countercyclical capital buffer
Amended
Article 131 Global and other systemically important institutions
Deleted
Article 132 Reporting
Amended
Article 133 Requirement to maintain a systemic risk buffer
Amended
Article 134 Recognition of a systemic risk buffer rate
Section II Setting and calculating countercyclical capital buffers (arts. 135-140)
Applicable
Article 135 ESRB guidance on setting countercyclical buffer rates
Amended
Article 136 Setting countercyclical buffer rates
Applicable
Article 137 Recognition of countercyclical buffer rates in excess of 2,5 %
Applicable
Article 138 ESRB recommendation on third country countercyclical buffer rates
Applicable
Article 139 Decision by designated authorities on third country countercyclical buffer rates
Applicable
Article 140 Calculation of institution-specific countercyclical capital buffer rates
Section III Capital conservation measures (arts. 141-142)
Amended
Article 141 Restrictions on distributions
Inserted
Article 141a Failure to meet the combined buffer requirement
Amended
Article 141b Restriction on distributions in case of failure to meet the leverage ratio buffer requirement
Inserted
Article 141c Failure to meet the leverage ratio buffer requirement
Amended
Article 142 Capital Conservation Plan