Article 12
Exchange of information on early warning signs, potential risks and vulnerabilities
1. The consolidating supervisor and the members of the college of supervisors participating in the development of a group risk assessment report referred to in Article 113(2), point (a), of Directive 2013/36/EU or a group liquidity risk assessment report referred to in Article 113(2), point (b), of that Directive for the purposes of reaching joint decisions on institution-specific prudential requirements in accordance with that Article shall exchange quantitative information to identify early warning signs, potential risks and vulnerabilities and to contribute to the group risk assessment report and group liquidity risk assessment report. For that purpose, the consolidating supervisor and the members of the college of supervisors shall agree on a list of indicators to be exchanged regularly in accordance with Article 10 of Implementing Regulation (EU) 2025/790.
2. The information referred to in paragraph 1 shall be based on the information collected by the competent authorities in accordance with Commission Implementing Regulation (EU) 2024/3117 (15). That information shall cover all group entities established in a Member State, and at least the following areas:
(a) |
capital and leverage; |
(b) |
liquidity; |
(c) |
asset quality; |
(d) |
funding; |
(e) |
profitability; |
(f) |
concentration risk. |
3. In addition to the information referred to in paragraph 1, the consolidating supervisor and the members of the college of supervisors shall identify risks and vulnerabilities for the group and its entities by exchanging qualitative and quantitative information on:
(a) |
the macroeconomic environment in which the group of institutions and its group entities operate; |
(b) |
adverse developments in markets that may have the potential to jeopardise the market liquidity and the stability of the financial system in the Member States where entities of a group or significant branches are established and that may adversely impact the entities of the group or its significant branches. |
4. Where a group entity infringes or, due, inter alia, to a rapidly deteriorating financial condition, is likely in the near future to infringe the requirements of Regulation (EU) No 575/2013 or Directive 2013/36/EU as referred to in Article 27(1) of Directive 2014/59/EU, the consolidating supervisor and the members of the college of supervisors shall provide each other with the following information:
(a) |
whether conditions for application of early intervention measures are met; |
(b) |
whether early intervention measures for the group or any of the group entities are taken or planned in accordance with Articles 27 and 30 of Directive 2014/59/EU; |
(c) |
an indication of the potential consequences of those early intervention measures. |
5. The consolidating supervisor shall communicate the information referred to in paragraphs 1, 2 and 3 to the competent authorities of the host Member States where significant branches are established, where relevant.
(15) Commission Implementing Regulation (EU) 2024/3117 of 29 November 2024 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Commission Implementing Regulation (EU) 2021/451 (OJ L, 2024/3117, 27.12.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/3117/oj).