02016D0041(01) — EN — 26.09.2021 — 001.001
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DECISION (EU) 2017/934 OF THE EUROPEAN CENTRAL BANK of 16 November 2016 on the delegation of decisions on the significance of supervised entities (ECB/2016/41) (OJ L 141 1.6.2017, p. 18) |
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DECISION (EU) 2021/1437 OF THE EUROPEAN CENTRAL BANK of 3 August 2021 |
L 314 |
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6.9.2021 |
DECISION (EU) 2017/934 OF THE EUROPEAN CENTRAL BANK
of 16 November 2016
on the delegation of decisions on the significance of supervised entities (ECB/2016/41)
Article 1
Definitions
For the purposes of this Decision, the following definitions shall apply:
‘amendment to a decision on significance’ means a decision adopted following a significance review in accordance with Article 43(3) or 52(1) of Regulation (EU) No 468/2014 (ECB/2014/17), which amends or repeals an ECB decision that classified a supervised entity or a supervised group as significant for the purposes of Article 6(4) of Regulation (EU) No 1024/2013;
‘participating Member State’ means a participating Member State as defined in point (1) of Article 2 of Regulation (EU) No 1024/2013;
‘significant supervised entity’ means a significant supervised entity as defined in point (16) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);
‘supervised entity’ means a supervised entity as defined in point (20) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);
‘supervised group’ means a supervised group as defined in point (21) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);
‘significant supervised group’ means a significant supervised group as defined in point (22) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);
‘delegated decision’ means a decision taken on the basis of a delegation of powers by the Governing Council pursuant to Decision (EU) 2017/933 (ECB/2016/40);
‘heads of work units’ means the heads of work units of the ECB to whom the power to adopt amendments to decisions on significance is delegated;
‘sensitivity’ means a characteristic or factor that may have a negative impact on the ECB’s reputation and/or on the effective and consistent functioning of the Single Supervisory Mechanism, including but not limited to any of the following: (a) the relevant supervised entity has previously been, or is currently,subject to severe supervisory measures such as early intervention measures; (b) the draft decision once adopted will set a new precedent that could bind the ECB in the future; (c) the draft decision once adopted may attract negative media or public attention; or (d) a national competent authority that has entered into close cooperation with the ECB communicates its disagreement with the proposed draft decision to the ECB.
Article 2
Delegation of amendments to decisions on significance
The delegation of decision-making powers pursuant to paragraph 1 shall apply to:
the ECB’s adoption of supervisory decisions;
the ECB’s adoption of instructions addressed, pursuant to Article 7 of Regulation (EU) No 1024/2013, to the national competent authorities with which the ECB has established close cooperation.
Article 3
Criteria for the adoption of delegated decisions
Article 4
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.