The Capital Requirements Regulations 2013

Duties to notify EBA and EIOPA U.K.

17.—(1) The appropriate regulator must inform EBA of—

(a) the names of the authorities or bodies which may receive confidential information in accordance with Article 57(5) of the capital requirements directive.

(b) any action it has taken pursuant to Article 86(3) of the capital requirements directive where developments in relation to an institution's liquidity risk profile may lead to the instability of that institution or systemic instability;

(c) the results of any review it has carried out in accordance with Article 97(1) of the capital requirements directive which shows that an institution may pose systemic risk in accordance with Article 23 of the EBA Regulation;

(d) any administrative penalties imposed on an institution, unless such a disclosure would be contrary to section 348 of FSMA;

(e) any authorisation given to a member of a management body of an institution in accordance with Article 91 of the capital requirements directive permitting that person to hold an additional non-executive directorship;

(f) the functioning of the review and evaluation process referred to in Article 97 of the capital requirements directive and the methodology used to base the decisions referred to in Articles 98, 100, 101, 102, 104 and 105 of the capital requirements directive on this process;

(g) any review and evaluation process conducted for the purposes of Article 103(1) of the capital requirements directive;

(h) any delegation of responsibility for supervising an institution, made in accordance with Article 115(2) of the capital requirements directive.

(2) The results of a review referred to in paragraph (1)(c) must be provided to EBA without delay.

(3) Where the appropriate regulator is the EEA consolidating supervisor in relation to a group it must—

(a) where the members of the group include a credit institution, provide EBA with all information regarding the legal and organisational structure of the group and its governance;

(b) inform EBA and EIOPA of decisions taken under Article 120(1) and (2) of the capital requirements directive with respect to the risk-based supervision of any mixed financial holding company which is subject to equivalent provisions under the capital requirements directive and under Directive 2002/87/EC M1 or Directive 2009/138/EC M2 .

Marginal Citations

M1 OJ no 035, 11/2/2003, p1.

M2 OJ no 335, 17/12/2009, p1.