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Commission Delegated Regulation (EU) 2016/98Show full title

Commission Delegated Regulation (EU) 2016/98 of 16 October 2015 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for specifying the general conditions for the functioning of colleges of supervisors (Text with EEA relevance)

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Article 5Establishment of the written coordination and cooperation arrangements

The written coordination and cooperation arrangements referred to in Article 115 of Directive 2013/36/EU shall include at least the following:

(a)

information on the overall structure of the group covering all group entities;

(b)

identification of the members and observers of the college;

(c)

a description of the terms covering the participation of observers in the college as referred to in Article 3(5) of this Regulation, including their involvement in the various dialogues and processes of the college and their rights and obligations with regard to exchanging information;

(d)

a description of the arrangements for exchanging information including their scope, frequency and channels of communication;

(e)

a description of the arrangements for the treatment of confidential information;

(f)

a description of the arrangements on entrustment of tasks and on delegation of responsibilities, where relevant;

(g)

a description of any substructures of the college;

(h)

a description of the framework for the planning and coordination of supervisory activities in going concern situations;

(i)

a description of the framework for the planning and coordination of supervisory activities in preparation for and during emergency situations, including contingency planning, communication tools and procedures;

(j)

a description of the communication policy of the consolidating supervisor and the members of the college with the EU parent undertaking and with the group entities;

(k)

agreed procedures and deadlines to be followed for the circulation of the meeting documents;

(l)

any other agreement between the college members, including agreed indicators for identifying the early warning signs, potential risks and vulnerabilities;

(m)

a description of the framework for providing coordinated input to the resolution college, in particular for providing coordinated input without restriction for the purposes of the consultation process referred to in Articles 12, 13, 16, 18, 91 and 92 of Directive 2014/59/EU;

(n)

a description of the role of the consolidating supervisor in particular with regard to coordinating the provision of the input referred to in point (m) through the group-level resolution authority to the relevant resolution college;

(o)

provisions covering arrangements where a member or an observer terminates its participation in the college.

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