Updated 05/02/2025
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Article 5 - Implementing Regulation 2015/461

Article 5

Final decision

1.   In the case set out in Article 231(5) of Directive 2009/138/EC when a joint decision has been reached, the group supervisor shall:

(a)

document the final decision on the application and, if applicable, on the terms and conditions to which the decision is subject;

(b)

send the final decision to all college members and, where appropriate, to participants, together with the views of the supervisory authorities concerned.

In the case referred to in the first subparagraph, the agreement on the final decision shall be confirm in writing by representatives of the supervisory authorities concerned with appropriate authority to commit their respective authorities.

2.   In the case set out in Article 231(6) of Directive 2009/138/EC when a joint decision has not been reached, the group supervisor shall:

(a)

document its final decision;

(b)

document the views and reservations referred to in Article 4(7);

(c)

state the views and reservations from the relevant supervisory authorities concerned and, if applicable, why the group supervisor has deviated from these views when providing the supervisory authorities concerned with a document setting out its decision according to Article 231(6) of Directive 2009/138/EC;

(d)

send the decision to the rest of college members and where appropriate to participants, together with the views and reservations of the supervisory authorities concerned.