Updated 18/09/2024
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Article 2 - Elements of independence

Article 2

Elements of independence

1.   The valuer shall be deemed to be independent from any relevant public authority and from the CCP where all the following conditions are met at the time of their appointment and during the valuation of the assets and liabilities of the CCP referred to in Article 24, Article 26(1) and Article 61 of Regulation (EU) 2021/23:

(a)

the valuer has no material common or conflicting interest within the meaning of Article 3 of this Regulation;

(b)

the valuer possesses the necessary qualifications, experience, ability, knowledge and resources required under Article 4 of this Regulation to be able to effectively carry out the valuations referred to in Article 24, Article 26(1) and Article 61 of Regulation (EU) 2021/23;

(c)

the valuer is separate from the relevant public authorities and from the CCP in accordance with Article 5 of this Regulation.

2.   The resolution authority shall establish a list of potential valuers that meet the requirements laid down in this Article. That list shall be reviewed on a regular basis.