Updated 18/09/2024
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Article 5 - Identification of observers

Article 5

Identification of observers

1.   The group supervisor shall, where appropriate and in addition to the members of the college of supervisors and the EBA, invite the following authorities to participate in the meetings and activities of the college of supervisors as observers:

(a)

the competent authorities of those host Member States where branches that have been determined as important in accordance with Article 1(3), point (c), are established;

(b)

the ESMA;

(c)

the national central bank of a Member State in which a group entity, including the Union parent undertaking, is authorised or established, or the European Central Bank;

(d)

the public authorities or bodies in a Member State that are responsible for or involved in the supervision of any entity of the investment firm group, including competent authorities responsible for the supervision of markets in financial instruments, the prevention of the use of the financial system for the purpose of money laundering or terrorism financing, and consumer protection and competent authorities of a clearing member’s home Member State or competent authorities of the QCCP referred in Article 48 of Directive (EU) 2019/2034;

(e)

the resolution authorities referred to in Article 4(2), point (v), of Regulation (EU) No 1093/2010.

2.   The group supervisor, in consultation with the members of the college of supervisors, shall in the written coordination and cooperation arrangements referred to in Article 4 specify the arrangements covering the participation in the college of supervisors of the authorities referred to in paragraph 1, points (a) to (e), of this Article. The group supervisor shall inform all members and observers of the college of supervisors about those arrangements.