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Article 55 - Directive 2016/2341 (IORP II)

Article 55

Exchange of information between authorities

1.   Articles 52 and 53 shall not preclude any of the following:

(a)

the exchange of information between competent authorities in the same Member State in the discharge of their supervisory functions;

(b)

the exchange of information between competent authorities in different Member States in the discharge of their supervisory functions;

(c)

the exchange of information, in the discharge of their supervisory functions, between competent authorities and any of the following which are situated in the same Member State:

(i)

authorities responsible for the supervision of financial sector entities and other financial organisations and the authorities responsible for the supervision of financial markets;

(ii)

authorities or bodies charged with responsibility for maintaining the stability of the financial system in Member States through the use of macro-prudential rules;

(iii)

bodies involved in the winding up of a pension scheme and in other similar procedures;

(iv)

reorganisation bodies or authorities aiming at protecting the stability of the financial system;

(v)

persons responsible for carrying out statutory audits of the accounts of IORPs, insurance undertakings and other financial institutions;

(d)

the disclosure, to bodies which administer the winding up of a pension scheme, of information necessary for the performance of their duties.

2.   The information received by the authorities, bodies and persons referred to in paragraph 1 shall be subject to the rules on professional secrecy laid down in Article 52.

3.   Articles 52 and 53 shall not preclude Member States from authorising exchanges of information between the competent authorities and any of the following:

(a)

the authorities responsible for overseeing the bodies involved in the winding up of pension schemes and other similar procedures;

(b)

the authorities responsible for overseeing the persons charged with carrying out statutory audits of the accounts of IORPs, insurance undertakings and other financial institutions;

(c)

independent actuaries of IORPs carrying out supervision of those IORPs and the bodies responsible for overseeing such actuaries.