European Banking Authority Regulation

02010R1093-20140320 → 02010R1093-20140702

Article 4 Definitions For the purposes of this Regulation the following definitions apply: (1) financial institutions means credit institutions as defined in Article 4(1) of Directive 2006/48/EC, investment firms as defined in Article 3(1)(b) of Directive 2006/49/EC, and financial conglomerates as defined in Article 2(14) of Directive 2002/87/EC, save that, with regard to Directive 2005/60/EC, financial institutions means credit institutions and financial institutions as defined in Article 3(1) and (2) of that Directive; (2) competent authorities authority means: (i) competent authorities authority as defined in point (40) of Article 4(1) 4(1)(40) of Regulation (EU) No 575/2013, including and within the European Central Bank with regard to matters relating to the tasks conferred on it by Regulation (EU) No 1024/2013, in Directive 2007/64/EC, meaning of Directives 2007/64/EC and as referred to in Directive 2009/110/EC; (ii) with regard to Directives 2002/65/EC and 2005/60/EC, the authorities competent for ensuring compliance with the requirements of those Directives by credit and financial institutions; and (iii) with regard to deposit guarantee schemes, bodies which administer deposit-guarantee schemes pursuant Directive 2014/49/EU of the European Parliament and of the CouncilDirective 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)., a designated authority as defined in Article 2(1)(18) of that Directive; (iv) with regard to Directive 94/19/EC, or, where the operation 2014/59/EU of the deposit-guarantee scheme is administered by European Parliament and of the CouncilDirective 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a private company, framework for the public 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)., a resolution authority supervising those schemes pursuant to as defined in Article 2(1)(18) of that Directive.

02010R1093-20140320 → 02010R1093-20140702

Article 40 Composition 1. The Board of Supervisors shall be composed of: (a) the Chairperson, who shall be non-voting; (b) the head of the national public authority competent for the supervision of credit institutions in each Member State, who shall meet in person at least twice a year; (c) one representative of the Commission, who shall be non-voting; (d) one representative nominated by the Supervisory Board of the European Central Bank, who shall be non-voting; (e) one representative of the ESRB, who shall be non-voting; (f) one representative of each of the other two European Supervisory Authorities, who shall be non-voting. 2. The Board of Supervisors shall convene meetings with the Banking Stakeholder Group regularly, at least twice a year. 3. Each competent authority shall be responsible for nominating a high-level alternate from its authority, who may replace the member of the Board of Supervisors referred to in paragraph 1(b), where that person is prevented from attending. 4. Where the authority referred to in paragraph 1(b) is not a central bank, the member of the Board of Supervisors referred to in that point may decide to bring a representative from the Member State’s central bank, who shall be non-voting. 4a. In discussions not relating to individual financial institutions, as provided in Article 44(4), the representative nominated by the Supervisory Board of the European Central Bank may be accompanied by a representative of the European Central Bank with expertise on central banking tasks. 5. In Member States where more than one authority is responsible for the supervision according to this Regulation, those authorities shall agree on a common representative. Nevertheless, when an item to be discussed by the Board of Supervisors does not fall within the competence of the national authority being represented by the member referred to in paragraph 1(b), that member may bring a representative from the relevant national authority, who shall be non-voting. 6. For the purpose of acting within the scope of Directive 94/19/EC, the member of the Board of Supervisors referred to in paragraph 1(b) may, where appropriate, be accompanied by a representative from the relevant bodies which administer deposit-guarantee schemes in each Member State, who shall be non-voting. For the purpose of acting within the scope of Directive 2014/59/EU, the member of the Board of Supervisors referred to in point (b) of paragraph 1 may, where appropriate, be accompanied by a representative from the resolution authority in each Member State, who shall be non-voting. 7. The Board of Supervisors may decide to admit observers. The Executive Director may participate in meetings of the Board of Supervisors, without the right to vote.