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Commission Implementing Regulation (EU) 2016/100
Article 7

Article 7 - Preparation of the draft joint decision

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Article 7

Preparation of the draft joint decision

1.   Any assessment report referred to in Article 6 shall be communicated by the consolidating supervisor to a relevant competent authority, where that contribution is relevant to the assessment of that relevant competent authority.

2.   The consolidating supervisor shall engage in dialogue, as referred to in the timetable pursuant to point (e) of Article 5(2), with the relevant competent authorities, based on the assessment reports prepared by the consolidating supervisor and the relevant competent authorities, with a view to preparing a draft joint decision.

3.   The consolidating supervisor shall prepare a fully reasoned draft joint decision. The draft joint decision shall set out each of the following items:

(a)

the names of the consolidating supervisor and relevant competent authorities involved in the draft joint decision;

(b)

the name of the group of institutions and a list of all institutions within the group to which the draft joint decision relates and applies, together with details of the scope of application of the draft joint decision;

(c)

the references to the applicable Union and national law relating to the preparation, finalisation and application of the draft joint decision;

(d)

the date of the draft joint decision and of any relevant update thereto in case of material extensions or changes as referred to in Article 13;

(e)

an opinion on granting the permission requested based on the assessment reports referred to in Article 6;

(f)

where the opinion referred to in point (e) is to grant the permission requested, the date from which that permission is granted;

(g)

a brief description of the results of the assessments for each institution within the group;

(h)

any recommendations on remedying any deficiencies revealed while evaluating the application and reaching a joint decision on the application;

(i)

any terms and conditions to be met by the applicant, including corresponding reasoning, before using the permission referred to in Article 143(1), Article 151(4) and (9), Article 283, Article 312(2) or Article 363 of Regulation (EU) No 575/2013, where applicable;

(j)

the reference date to which points (g), (h) and (i) relate;

(k)

the timeline for fulfilling the terms and conditions referred to in point (i) or for addressing the recommendations referred to in point (h), where applicable;

(l)

the timeline for implementing the draft joint decision into respective national permissions, where applicable.

4.   The consolidating supervisor shall provide the draft joint decision to the relevant competent authorities for the purposes of the dialogue referred to in point h of Article 5(2), where appropriate.

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