Article 27b
Assessment criteria
1.
In assessing the notification of the proposed acquisition provided for in Article 27a(1) and the information referred to in Article 27a(9), the competent authority shall assess the prospect for sound and prudent management by the proposed acquirer and, in particular, the risks to which the proposed acquirer is or might be exposed after the proposed acquisition, in accordance with the following criteria:
(a)
whether the proposed acquirer will be able to comply and continue to comply with the prudential requirements set out in this Directive and Regulation (EU) No 575/2013, and where applicable, other Union legal acts;
(b)
whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, money laundering or terrorist financing within the meaning of Article 1 of Directive (EU) 2015/849 is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof.
2.
For the purpose of assessing the criterion set out in paragraph 1, point (b), of this Article, the competent authority shall consult, in the context of its verifications, the authorities responsible for supervising the proposed acquirer in accordance with Directive (EU) 2015/849.
3.
The competent authority may oppose the proposed acquisition only if there are reasonable grounds for doing so on the basis of the criteria set out in paragraph 1 of this Article, or if the information provided by the proposed acquirer is incomplete despite a request made in accordance with Article 27a(9).
For the purposes of this paragraph and with regard to the criterion set out in paragraph 1, point (b), of this Article, a negative opinion by the authorities responsible for supervising the proposed acquirer in accordance with Directive (EU) 2015/849, received by the competent authorities within 30 working days of the initial request, shall be duly taken into consideration by the competent authorities when assessing the proposed acquisition and may constitute a reasonable ground for opposition.
4.
Member States shall neither impose any prior conditions in respect of the level of the proposed acquisition nor allow the competent authority to examine the proposed acquisition in terms of the economic needs of the market.
5.
Member States shall publish a list of the information required to carry out the assessment. The proposed acquirer shall provide that information to the competent authority at the time of the notification referred to in Article 27a(1). The information required shall be proportionate and appropriate to the nature of the proposed acquisition. Member States shall not require information that is not relevant for the prudential assessment under this Article.
6.
Without prejudice to Article 27a(5) to (11), where two or more proposals to acquire material holdings in the same entity have been notified, the competent authority shall treat the proposed acquirers in a non-discriminatory manner.
7.
EBA shall develop draft regulatory technical standards to specify:
(a)
the list of minimum information to be provided by the proposed acquirer to the competent authority at the time of the notification referred to in Article 27a(1), Article 27f(1) and Article 27i(1);
(b)
a common assessment methodology of the criteria set out in this Article and Article 27j;
(c)
the process applicable to notification and the prudential assessment required under Articles 27a and 27i.
For the purposes of the first subparagraph, EBA shall take into consideration Title II of Directive (EU) 2017/1132.
EBA shall submit those draft regulatory technical standards to the Commission by 10 July 2026.
Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.