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Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (EIOPA Regulation)RecitalsChapter I Establishment and legal status (arts. 1-7)Article 1 Establishment and scope of actionArticle 2 European System of Financial SupervisionArticle 3 Accountability of the AuthoritiesArticle 4 DefinitionsArticle 5 Legal statusArticle 6 CompositionArticle 7 SeatChapter II Tasks and powers of the Authority (arts. 8-39)Article 8 Tasks and powers of the AuthorityArticle 9 Tasks related to consumer protection and financial activitiesArticle 9a No action lettersArticle 10 Regulatory technical standardsArticle 11 Exercise of the delegationArticle 12 Revocation of the delegationArticle 13 Objections to regulatory technical standardsArticle 14 Non-endorsement or amendment of draft regulatory technical standardsArticle 15 Implementing technical standardsArticle 16 Guidelines and recommendationsArticle 16a OpinionsArticle 16b Questions and answersArticle 17 Breach of Union lawArticle 17a Protection of reporting personsArticle 18 Action in emergency situationsArticle 19 Settlement of disagreements between competent authorities in cross-border situationsArticle 20 Settlement of disagreements between competent authorities across sectorsArticle 21 Colleges of supervisorsArticle 22 General provisions on systemic riskArticle 23 Identification and measurement of systemic riskArticle 24 Permanent capacity to respond to systemic risksArticle 25 Recovery and resolution proceduresArticle 26 Development of a European network of national insurance guarantee schemesArticle 27 Crisis prevention, management and resolutionArticle 28 Delegation of tasks and responsibilitiesArticle 29 Common supervisory cultureArticle 29a Union strategic supervisory prioritiesArticle 30 Peer reviews of competent authoritiesArticle 31 Coordination functionArticle 31a Information exchange on fitness and proprietyArticle 32 Assessment of market developments, including stress testsArticle 33 International relations including equivalenceArticle 34 Other tasksArticle 35 Collection of informationDraft Article 35a Information exchange between authorities and with other entitiesArticle 36 Relationship with the ESRBArticle 37 Insurance and Reinsurance Stakeholder Group and Occupational Pensions Stakeholder GroupArticle 38 SafeguardsArticle 39 Decision-making proceduresChapter III Organisation (arts. 40-53)Section 1 Board of Supervisors (arts. 40-44)Article 40 CompositionArticle 41 Internal committeesArticle 42 Independence of the Board of SupervisorsArticle 43 TasksArticle 43a Transparency of decisions adopted by the Board of SupervisorsArticle 44 Decision makingSection 2 Management Board (arts. 45-47)Article 45 CompositionArticle 45a Decision-makingArticle 45b Coordination GroupsArticle 46 Independence of the Management BoardArticle 47 TasksSection 3 Chairperson (arts. 48-50)Article 48 Appointment and tasksArticle 49 Independence of the ChairpersonArticle 49a ExpensesArticle 50 ReportSection 4 Executive Director (arts. 51-53)Article 51 AppointmentArticle 52 IndependenceArticle 53 TasksChapter IV Joint bodies of the European Supervisory Authorities (arts. 54-59)Section 1 Joint Committee of European Supervisory Authorities (arts. 54-57)Article 54 EstablishmentArticle 55 CompositionArticle 56 Joint positions and common actsArticle 57 Sub-CommitteesSection 2 Board of Appeal (arts. 58-59)Article 58 Composition and operationArticle 59 Independence and impartialityChapter V Remedies (arts. 60-61)Article 60 AppealsArticle 60a Exceeding of competence by the AuthorityArticle 61 Actions before the Court of Justice of the European UnionChapter VI Financial provisions (arts. 62-66)Article 62 Budget of the AuthorityArticle 63 Establishment of the budgetArticle 64 Implementation and control of the budgetArticle 65 Financial rulesArticle 66 Anti-fraud measuresChapter VII General provisioins (arts. 67-75)Article 67 Privileges and immunitiesArticle 68 StaffArticle 69 Liability of the AuthorityArticle 70 Obligation of professional secrecyArticle 71 Data protectionArticle 72 Access to documentsArticle 73 Language arrangementsArticle 74 Headquarters AgreementArticle 75 Participation of third countriesChapter VIII Transitioinal and final provisions (arts. 76-82)Article 76 Relationship with the Committee of European Insurance and Occupational Pensions SupervisorsArticle 77 Transitional staff provisionsArticle 78 National provisionsArticle 79 AmendmentsArticle 80 RepealArticle 81 ReviewArticle 82 Entry into forceDone at
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Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2020 - 30 June 2025
Version 4 of 5

Article 40 Composition

DRAFT Sub paragraph added Article 92 Amendment to Regulation (EU) No 1094/2010 of the Proposal for a Directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2009/138/EC, (EU) 2017/1132 and Regulations (EU) No 1094/2010 and (EU) No 648/2012 (COM(2021) 582 final / 2021/0296 (COD)) (Insurance Recovery and Resolution Directive IRRD) (updated 18 June 2024 with Information Note - Proposals under the ordinary legislative procedure expected to undergo the Corrigendum Procedure in the European Parliament (part I))
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1. The Board of Supervisors shall be composed of:

(a) the Chairperson;

(b) the head of the national public authority competent for the supervision of financial 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 ESRB, who shall be non-voting;

(e) 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 Stakeholder Groups 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. 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.

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