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Commission Delegated Regulation (EU) 2025/791 of 23 April 2025 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the general conditions for the functioning of supervisory colleges, and repealing Commission Delegated Regulation (EU) 2016/98

Type Delegated Regulation
Publication 2025-08-08
State In force
Text As published
Department European Commission, FISMA
Source EUR-Lex
articles 43

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
  • (a) the required own funds pursuant to Article 104(1), point (a), of Directive 2013/36/EU and any guidance on additional own funds communicated to institutions in accordance with Article 104b of that Directive;
  • (b) relevant information for the purposes of Articles 12, 13, 16, 18, 25, 30, 45h, 91 and 92 of Directive 2014/59/EU;
  • (c) information referred to in Article 32(3) of this Regulation.

Article 32

Exchange of information on the outcome of the supervisory review and evaluation and of information on early warning signs, potential risks, and vulnerabilities
1.

The competent authority of the home Member State shall communicate to the members of the college of supervisors:

  • (a) the information referred to in Article 3, 4 and 5, Articles 7 to 13 and Article 17 of Delegated Regulation (EU) No 524/2014;
  • (b) the value of the leverage ratio of the parent entity referred to in Article 429 of Regulation (EU) No 575/2013;
  • (c) the required own funds referred to in Article 104(1), point (a), of Directive 2013/36/EU and any guidance on additional own funds in accordance with Article 104b of that Directive as a result of the supervisory review and evaluation carried out in accordance with Article 97 of that Directive.
2.

For the purposes of identifying risks and vulnerabilities for the institution and its significant branches, the competent authority of the home Member State and the members of the college of supervisors shall exchange qualitative and quantitative information on:

  • (a) the macroeconomic environment in which the institutions and its significant branches operate;
  • (b) adverse developments in markets that may have the potential to jeopardise the market liquidity and the stability of the financial system in the Member States where the institution or its significant branches are established and may adversely impact the institution and its significant branches.
3.

Where the institution infringes or, due, inter alia, to a rapidly deteriorating financial condition, is likely in the near future to infringe the requirements of Regulation (EU) No 575/2013 or Directive 2013/36/EU as referred to in Article 27(1) of Directive 2014/59/EU, the competent authority of the home Member State shall provide the members of the college of supervisors with the following information:

  • (a) whether the conditions for application of early intervention measures are met;
  • (b) whether early intervention measures are taken or planned in accordance with Articles 27 and 30 of Directive 2014/59/EU;
  • (c) an indication of the potential consequences of those early intervention measures.

Article 33

Exchange of information for the assessment of the recovery plan
1.

The competent authority of the home Member State shall consult the members of the college of supervisors on the recovery plan where relevant to the significant branch concerned, in accordance with Article 6(2) of Directive 2014/59/EU.

2.

For the purposes of paragraph 1, the competent authority of the home Member State shall provide the recovery plan of the institution to the members of the college of supervisors in accordance with Article 20 of Implementing Regulation (EU) 2025/790.

3.

The competent authority of the home Member State shall inform all members of the college of supervisors of the outcome of the consultation referred to in paragraph 1.

Article 34

Examination programme
1.

For the purposes of adopting the examination programme of the college of supervisors referred to in Article 99 of Directive 2013/36/EU, the competent authority of the home Member State and the members of the college of supervisors shall identify the supervisory activities to be undertaken.

2.

The examination programme of the college of supervisors shall contain at least the following:

  • (a) the areas of joint work identified as a result of the supervisory review and evaluation pursuant to Article 97 of Directive 2013/36/EU or as a result of any other activities undertaken by the college of supervisors;
  • (b) the areas of focus of the work of the college of supervisors and its planned supervisory activities, including planned on-the-spot checks and inspections of the significant branches pursuant to Article 52(3) of Directive 2013/36/EU;
  • (c) the members of the college of supervisors responsible for undertaking the planned supervisory activities;
  • (d) where relevant, the allocation of tasks and responsibilities for entrustment of tasks and delegation of responsibilities respectively;
  • (e) where applicable, the observers of the college of supervisors where those observers are involved in a supervisory activity;
  • (f) the expected timelines, both in terms of timing and duration, for each of the planned supervisory activities.
3.

When establishing and updating the examination programme of the college of supervisors, the competent authorities of the home Member State and the members of the college of supervisors shall exchange views on possible entrustment of tasks and delegation of responsibilities. On that basis, the competent authorities of the home Member State and the members of the college of supervisors shall consider to conclude an agreement, on a voluntary basis, on entrustment of tasks, including any possible delegation of responsibilities, where relevant, pursuant to Article 116(1), point (b), of Directive 2013/36/EU, provided that such entrustment or delegation is expected to lead to more efficient and effective supervision of the group, in particular by removing unnecessary duplications of supervisory requirements, including requirements in relation to information requests.

4.

The conclusion of an agreement on entrustment of tasks or delegation of responsibilities shall be notified by the competent authorities of the home Member State to the institution concerned, and by the competent authority that delegates its powers to the branch concerned.

Article 35

Event of adverse material effect on the risk profile of the institution or its significant branches
1.

The competent authority of the home Member State and the relevant members of the college of supervisors shall exchange quantitative and qualitative information on any event of adverse material effect in the institution or its significant branches that could seriously affect the institution as referred to in Article 117(1), point (c), of Directive 2013/36/EU.

2.

In case of such an event of adverse material effect on the risk profile of the institution or its significant branches established in a Member State, competent authorities shall assess the consequences of such event on the institution and its significant branches and determine:

  • (a) the nature and severity of the event;
  • (b) the impact or potential impact of the event on the available own funds and liquidity level of the institution and its significant branches and whether the institution continues to comply with Regulation (EU) No 575/2013 or Directive 2013/36/EU in adverse macroeconomic, microeconomic, and geopolitical conditions;
  • (c) the ability of the institution and its significant branches to operate in severe business disruption;
  • (d) risk of cross-border contagion and the potential systemic impact.
3.

Upon being alerted of an event of adverse material effect on the risk profile by any member of the college of supervisors, or after having identified such event, the competent authority of the home Member State shall inform the members of the college of supervisors that supervise significant branches affected or likely to be affected by that event, and EBA. Observers, in particular the resolution authority of the home Member State, shall be informed if the information is relevant for the performance of their tasks.

4.

The competent authority of the home Member State and the members of the college of supervisors that supervise significant branches affected or likely to be affected by the event of adverse material effect shall monitor the situation and update the information referred to in paragraph 1, where applicable, immediately when relevant new information is available.

5.

Based on the outcome of the assessment of the event of adverse material effect referred to in paragraph 2 and the foreseen evolution of that event, the competent authority of the home Member State and the relevant members of the college of supervisors may coordinate the development of a coordinated supervisory response.

Section 3 Planning and coordination of supervisory activities in preparation for and during emergency situations and final provisions

Article 36

College framework for emergency situations
1.

The competent authority of the home Member State and the members of the college of supervisors shall establish a college framework in anticipation of possible emergency situations in accordance with Article 112(1), point (c), of Directive 2013/36/EU (‘college framework for emergency situations’).

2.

The college framework for emergency situations shall include the following:

  • (a) the college-specific procedures that shall apply where an emergency situation as referred to in Article 114(1) of Directive 2013/36/EU arises;
  • (b) the minimum information that shall be exchanged where an emergency situation as referred to in Article 114(1) of Directive 2013/36/EU arises.
3.

The minimum information referred to in paragraph 2, point (b), shall include the following:

  • (a) an outline of the emergency situation that has occurred, including the underlying cause of the emergency situation, and the expected impact of the emergency situation on the institution, on the market liquidity and on the stability of the financial system;
  • (b) an explanation of the measures and actions that have been taken or are planned, by the competent authorities of the home Member State or any of the members of the college of supervisors or by the institution itself in response to the emergency situation;
  • (c) the latest available quantitative information regarding the liquidity and capital position of the institution.

Article 37

Exchange of information during an emergency situation
1.

The competent authority of the home Member State and the members of the college of supervisors shall exchange all information necessary to facilitate the exercise of the tasks referred to in Article 114(1) of Directive 2013/36/EU, subject to the confidentiality requirements laid down in Section II of Chapter 1 of Title VII of that Directive, and where applicable, Articles 76 and 81 of Directive 2014/65/EU.

2.

Upon being alerted of an emergency situation by any member or observer of the college or after having identified an emergency situation, the competent authority of the home Member State shall communicate the information referred to in Article 36(2), point (b), following the procedures established in accordance with point (a) of that paragraph, to the members of the college of supervisors that supervise significant branches that are affected or likely to be affected by the emergency situation, and to the EBA.

3.

Depending on the nature, severity, potential systemic impact or other impact, and on the likelihood of contagion of the emergency situation, the members of the college of supervisors that supervise significant branches affected or likely to be affected by that emergency situation and the competent authority of the home Member State may exchange additional information.

4.

Where the information referred to in paragraphs 2 and 3 is relevant for the performance of the tasks of observers, and in particular of the resolution authority of the home Member State, the competent authority of the home Member State shall communicate that information to those observers.

5.

When responding to an emergency situation as referred to in Article 27 of Implementing Regulation (EU) 2025/790, the competent authority of the home Member State shall without undue delay involve the resolution authority of the home Member State and share input from that authority with the members of the supervisory college.

Article 38

Coordination of the supervisory assessment of an emergency situation
1.

Where an emergency situation occurs, the competent authority of the home Member State shall coordinate and prepare the assessment of the emergency situation (‘coordinated supervisory assessment’) in cooperation with the members of the college of supervisors pursuant to Article 112(3) of Directive 2013/36/EU.

2.

The coordinated supervisory assessment of the emergency situation shall cover the following:

  • (a) the nature and severity of the emergency situation;
  • (b) the impact or potential impact of the emergency situation on the institution and on any of its affected or likely to be affected branches;
  • (c) the risk of cross-border contagion.
3.

For the purposes of paragraph 2, point (c), the competent authority of the home Member State shall consider the potential systemic consequences in any of the Member States where significant branches are established.

Article 39

Coordination of the supervisory response to an emergency situation
1.

Where an emergency situation occurs, the competent authority of the home Member State shall coordinate the development of a supervisory response to the emergency situation (‘coordinated supervisory response’) in cooperation with the members of the college of supervisors pursuant to Article 112(3) of Directive 2013/36/EU.

2.

The coordinated supervisory response shall be based on the coordinated supervisory assessment referred to in Article 38 and shall specify the supervisory actions needed, their scope, and the timetable for their implementation.

3.

The coordinated supervisory response shall be developed by the competent authority of the home Member State and the members of the college of supervisors that supervise significant branches affected or likely to be affected by the emergency situation. The coordinated supervisory response shall take into account input from the resolution college relevant for the management of the emergency situation for the institution, provided by the resolution authority of the home Member State.

Article 40

Monitoring of the implementation of the coordinated supervisory response to an emergency situation
1.

The competent authority of the home Member State and the members of the college of supervisors that supervise significant branches affected or likely to be affected by the emergency situation shall monitor and exchange information on the implementation of the coordinated supervisory response referred to in Article 39.

2.

The information referred to in paragraph 1 shall include an update on the implementation of the agreed actions within the foreseen timetable, as referred to in Article 39(2), and the need to update or adjust those actions.

Article 41

Coordination of external communication in an emergency situation

The competent authority of the home Member State and the members of the college of supervisors that supervise significant branches affected or likely to be affected by an emergency situation shall coordinate to the extent possible their external communications, taking into account the elements referred to in Article 24(2).

Article 42

Repeal

Delegated Regulation (EU) 2016/98 is repealed.

References to the repealed Delegated Regulation shall be construed as references to this Regulation and read in accordance with the correlation table in the Annex.

Article 43

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 April 2025.

For the Commission

The President

Ursula VON DER LEYEN

[^ntr1-L_202500791EN.000101-E0001]: OJ L 176, 27.6.2013, p. 338, ELI: http://data.europa.eu/eli/dir/2013/36/oj.

[^ntr2-L_202500791EN.000101-E0002]: 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 (OJ L 21, 28.1.2016, p. 2, ELI: http://data.europa.eu/eli/reg_del/2016/98/oj).

[^ntr3-L_202500791EN.000101-E0003]: Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12, ELI: http://data.europa.eu/eli/reg/2010/1093/oj).

[^ntr4-L_202500791EN.000101-E0004]: Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/575/oj).

[^ntr5-L_202500791EN.000101-E0005]: Commission Implementing Regulation (EU) 2016/99 of 16 October 2015 laying down implementing technical standards with regard to determining the operational functioning of the colleges of supervisors according to Directive 2013/36/EU of the European Parliament and of the Council (OJ L 21, 28.1.2016, p. 21, ELI: http://data.europa.eu/eli/reg_impl/2016/99/oj).

[^ntr6-L_202500791EN.000101-E0006]: Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190, ELI: http://data.europa.eu/eli/dir/2014/59/oj).

[^ntr7-L_202500791EN.000101-E0007]: Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40, ELI: http://data.europa.eu/eli/reg/2023/1114/oj).

[^ntr8-L_202500791EN.000101-E0008]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73, ELI: http://data.europa.eu/eli/dir/2015/849/oj).

[^ntr9-L_202500791EN.000101-E0009]: Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64, ELI: http://data.europa.eu/eli/dir/2019/2034/oj).

[^ntr10-L_202500791EN.000101-E0010]: Commission Implementing Regulation (EU) 2025/790 of 23 April 2025 laying down implementing technical standards for the application of Directive 2013/36/EU of the European Parliament and of the Council with regard to the operational functioning of colleges of supervisors (OJ L, 2025/790, 8.8.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/790/oj).

[^ntr11-L_202500791EN.000101-E0011]: Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1, ELI: http://data.europa.eu/eli/dir/2002/87/oj).

[^ntr12-L_202500791EN.000101-E0012]: Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349, ELI: http://data.europa.eu/eli/dir/2014/65/oj).

[^ntr13-L_202500791EN.000101-E0013]: Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149, ELI: http://data.europa.eu/eli/dir/2014/49/oj).

[^ntr14-L_202500791EN.000101-E0014]: Commission Implementing Regulation (EU) 2016/100 of 16 October 2015 laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 21, 28.1.2016, p. 45, ELI: http://data.europa.eu/eli/reg_impl/2016/100/oj).

[^ntr15-L_202500791EN.000101-E0015]: Commission Implementing Regulation (EU) 2024/3117 of 29 November 2024 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Commission Implementing Regulation (EU) 2021/451 (OJ L, 2024/3117, 27.12.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/3117/oj).

[^ntr16-L_202500791EN.000101-E0016]: Commission Delegated Regulation (EU) No 524/2014 of 12 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the information that competent authorities of home and host Member States supply to one another (OJ L 148, 20.5.2014, p. 6, ELI: http://data.europa.eu/eli/reg_del/2014/524/oj).

ANNEX

CORRELATION TABLE

This Delegated Regulation Delegated Regulation (EU) 2016/98
— Article 1
Article 1 (new) —
Article 2 Article 2
Article 3 Article 3
Article 4 Article 4
Article 5 Article 5
Article 6 Article 6
Article 7 Article 7
Article 8 Article 8
Article 9 Article 9
Article 10 Article 10
Article 11 Article 11
Article 12 Article 12
Article 13 Article 13
Article 14 Article 14
Article 15 Article 15
Article 16 Article 16
Article 17 —
Article 18 —
Article 19 Article 17
Article 20 Article 18
Article 21 Article 19
Article 22 Article 20
Article 23 Article 21
Article 24 Article 22
Article 25 Article 23
Article 26 Article 24
Article 27 Article 25
Article 28 Article 26
Article 29 Article 27
Article 30 Article 28
Article 31 Article 29
Article 32 —
Article 33 Article 30
Article 34 Article 31
Article 35 —
Article 36 Article 32
Article 37 Article 33
Article 38 Article 34
Article 39 Article 35
Article 40 Article 36
Article 41 Article 37
Article 42 —
Article 43 Article 38

ELI: http://data.europa.eu/eli/reg_del/2025/791/oj

ISSN 1977-0677 (electronic edition)

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