Article 12
Practical implementation of the information collection
1. The information referred to in Articles 5, 6 and 7 and the requests referred to in Article 9(4), point (b), and Article 10(1), point (a), shall be submitted by electronic means and in English.
2. Supporting documents that are not available in English shall be submitted in their original language, accompanied by a summary in English.
3. Where the operation of a deposit guarantee scheme is administered by a private entity, the designated authority supervising that scheme shall ensure that such private entity administering the scheme reports to that designated authority material weaknesses identified in the course of its activities.
4. Where a reporting authority, other than an AML/CFT authority (‘authority indirectly submitting’), submits information and requests to the EBA and receives information from the EBA through the AML/CFT authority in charge of the supervision of the financial sector operator concerned by the material weakness of the Member State where the authority indirectly submitting is established (‘authority enabling indirect submission’), the following shall apply:
|
(a) |
the authority indirectly submitting shall submit information and requests to and receive information from the EBA only through the authority enabling indirect submission; |
|
(b) |
the liability of the authority enabling indirect submission shall be limited solely to submitting to the EBA all the information and requests received from the authority indirectly submitting and to transferring to that authority all the information received from the EBA; |
|
(c) |
the authority indirectly submitting shall remain exclusively liable to comply with its obligations to report material weaknesses and measures in accordance with this Regulation; |
|
(d) |
the notifications under Article 9a(3) of Regulation (EU) No 1093/2010 shall be done by the EBA for the authority indirectly submitting through the authority enabling indirect submission. |
5. Reporting authorities shall appoint a person of appropriate seniority to represent the authority vis-à-vis the EBA for the submission, request and reception of information in accordance with this Regulation, and inform the EBA of that appointment and of any changes to that appointment. Reporting authorities shall ensure that sufficient resources are dedicated for their reporting obligations under this Regulation. Reporting authorities shall appoint a person or persons as contact points for the submission, the requests and the reception of information under this Regulation and notify the EBA thereof. Any notifications made in accordance with this paragraph shall be made in accordance with Annex II. Authorities indirectly submitting shall make those notifications to the authorities enabling their indirect submission.
6. For the AML/CFT authority, the additional information referred to in Article 9a(1), point (a), third subparagraph, of Regulation (EU) No 1093/2010 shall include the current money laundering or terrorist financing risk profile of the group, if any, and the money laundering or terrorist financing risk assessments of the financial sector operator, branch, agent or distributor or of the group. Reporting authorities shall provide the EBA with any information or document not referred to in this Regulation that is relevant for any material weakness or measure with an explanation of such relevance.
7. The EBA shall set out and communicate to reporting authorities technical specifications, including data exchange formats, representations, relevant data points and instructions, rights of access to the database, to which the reporting authorities shall conform, when submitting or receiving information in accordance with this Regulation. The EBA shall, having regard to the different supervisory activities of the reporting authorities, the expected frequency of submissions and the need to achieve operational and cost efficiency, identify the reporting authorities that shall be authorities indirectly submitting in accordance with paragraph 4.