Article 2
Establishment of a college of supervisors
1. The consolidating supervisor shall send the request referred to in Article 3(1) of Delegated Regulation (EU) 2025/791 to the authorities referred to in that Article and shall set a deadline for its acceptance.
Authorities receiving a request referred to in the first subparagraph shall acquire status as members of the college of supervisors upon acceptance of the request or, if no objection has been raised within the deadline for accept, upon the expiry of that deadline.
2. The consolidating supervisor shall provide a notification to the authorities that have accepted the request referred to in paragraph 1. That notification shall contain the following:
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(a) |
the list of authorities that the consolidating supervisor proposes to request to become observers of the college of supervisors in accordance with Article 3(2) of Delegated Regulation (EU) 2025/791; |
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(b) |
the list of authorities that the consolidating supervisor proposes to request to become observers of the college of supervisors in accordance with Article 3(3) of Delegated Regulation (EU) 2025/791; |
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(c) |
the proposal for the terms of the participation of the observers referred to in points (a) and (b) in the college of supervisors; |
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(d) |
with regard to supervisory authorities of third countries referred to in Article 3(2), point (a), and Article 3(3), point (b), of Delegated Regulation (EU) 2025/791, the opinion of the consolidating supervisor on the assessment of the equivalence of the confidentiality requirements applicable to the third country supervisory authority. |
3. In the notification referred to in paragraph 2, the consolidating supervisor shall set an adequate deadline within which any disagreeing member of the college of supervisors may express in writing its fully reasoned objection to the proposal or opinion of the consolidating supervisor referred to in that paragraph, point (b), (c) or (d). If no objection has been expressed within that deadline, the members of the college of supervisors shall be deemed to have agreed on the proposal or opinion.
4. The consolidating supervisor shall engage in a dialogue with any disagreeing member referred to in paragraph 3 with the involvement of EBA and the other members of the college of supervisors, as appropriate, with the aim to reach an agreement.
5. Upon agreement of all members of the college of supervisors on the proposal and opinion referred to in paragraph 2, the consolidating supervisor shall send the requests to the authorities referred to in Article 3(3) of Delegated Regulation (EU) 2025/791 to become observers of the college of supervisors and shall set a deadline for its acceptance. The request shall be accompanied by the terms of the observer participation.
The authorities referred to in the first subparagraph shall acquire status as observers of the college of supervisors upon acceptance of the request and the terms of observer participation or upon the expiry of the deadline for acceptance if they have not raised any objection before that deadline.
6. Authorities referred to in Article 3(3) of Delegated Regulation (EU) 2025/791 may request to become observers of a college of supervisors. The request shall be addressed to the consolidating supervisor. Where the consolidating supervisor decides to request those authorities to participate in the college of supervisors as observers, the procedure set out in paragraph 2 to 5 of this Article shall apply.