Cooperation with the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority

(1) The Federal Institute participates, under
1. 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),
2. Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84), and
3. this Act, in the activities of the European Banking Authority and the European Securities and Markets Authority, and in the activities of the supervisory colleges concerning them. In doing so, it involves the Deutsche Bundesbank under Regulation (EU) No 1093/2010 and under this Act. The Federal Institute, on request, makes available without delay to the European Banking Authority, under Article 35 of Regulation (EU) No 1093/2010, and to the European Securities and Markets Authority, under Article 35 of Regulation (EU) No 1095/2010, all information necessary for them to perform their tasks. It applies the guidelines and recommendations of the European Banking Authority, in accordance with Article 16 of Regulation (EU) No 1093/2010, and of the European Securities and Markets Authority, when applying this Act. Where the Federal Institute departs, or intends to depart, from these guidelines and recommendations, it states its reasons to the European Supervisory Authority concerned.
(2) The Federal Institute notifies the European Banking Authority of
1. the granting of the licence under section 32(1), and the lapse or revocation of the licence under section 35, for a CRR credit institution, 1a. with regard to the branches of an undertaking with a registered office in a third country within the meaning of section 53:
a) the granting of a licence under section 32(1) to the branch, and all changes to that licence,
b) the branch's reported total assets and liabilities,
c) the name of the third-country group to which a branch belongs,
2. the matters named in section 7a(1), points 1, 3, and 4,
3. the information notified under section 24(1a), point 5, in conjunction with Article 450(1)(g), (h), (i), and (k) of Regulation (EU) No 575/2013,
4. the information notified under section 24(1a), point 6, aggregated by remuneration bracket, 4a. the information notified under section 24(1c), in aggregated form, 4b. the information notified under section 24(1d) and (1e),
5. the adaptation of the method under section 6b(5) for CRR credit institutions,
6. the operation of the systems for reviewing and evaluating the risks to which a CRR credit institution is or may be exposed, and the risks that a CRR credit institution poses to the financial system, as determined and measured under Article 23 of Regulation (EU) No 1093/2010, as amended from time to time, and the methodology by which measures are taken on the basis of this review,
7. the results of supervisory stress tests, insofar as these become necessary beyond the stress tests carried out under Article 32 of Regulation (EU) No 1093/2010, as amended from time to time, in order to ensure adequate review and monitoring of the CRR credit institution,
8. orders of the Federal Institute under section 10(6), stating the reasons,
9. all other measures that the Federal Institute takes against a CRR credit institution where it infringes, or is likely to infringe, the requirements of Regulation (EU) No 575/2013 or the requirements issued on the basis of Directive 2013/36/EU, in each case stating the reasons,
10. all final and binding fines imposed under section 56(6), point 1, including all permanent prohibitions, in particular under section 36,
11. the particulars it has collected on the information disclosed under Article 435(2)(c) of Regulation (EU) No 575/2013, and
12. any suspicion that money laundering or the financing of terrorism is taking place, or has taken place, in connection with the CRR credit institution, or that these offences have been attempted, or that there is an increased risk of this, where that suspicion has arisen from the review, in particular the evaluation of a CRR credit institution's governance arrangements, business model, or activities. In the above cases, the Federal Institute also notifies the European Supervisory Authority of the lodging of legal remedies against the measures and fines it has issued, and of the outcome of the remedy proceedings.
(3) The Federal Institute informs the European Banking Authority of
1. (repealed)
2. the approach chosen in the cases under section 53d(3),
3. the procedure for preventing circumvention of the additional capital requirements where the total-book large exposure requirements are exceeded,
4. decisions under section 2e,
5. the structure of institutional groups, financial holding groups, or mixed financial holding groups for which the Federal Institute exercises supervision on a consolidated basis; this includes, in particular, information on the legal and organisational structure and on the principles of proper management of the group, and
6. the authorities within the meaning of section 9(1), fifth sentence, to which the Federal Institute may disclose facts without breaching its duty of confidentiality.
(3a) The Federal Institute transmits to the European Banking Authority the lists within the meaning of section 7a(3).
(4) The Federal Institute notifies the European Securities and Markets Authority of
1. where an investment services undertaking within the meaning of section 2(10) of the Securities Trading Act is affected,
a) the granting, and the lapse or revocation, of a licence under section 32, and
b) the approval to hold a further mandate on the administrative or supervisory body under section 25c(2), seventh sentence, or section 25d(3), seventh sentence,
2. the matter named in section 7a(1), point 5,
3. annually, a summary of all administrative measures taken and sanctions imposed in connection with the supervision of investment services undertakings, and against institutions as counterparties to securities financing transactions,
4. annually, in aggregated and anonymised form, data on criminal investigations and criminal sanctions imposed for breaches of section 54, insofar as these occurred in connection with the unauthorised provision of financial services that are at the same time investment services within the meaning of section 2(6) of the Securities Trading Act,
5. at the same time as publication, all administrative measures and sanctions published in connection with the supervision of investment services undertakings and under sections 60b and 60c, where they concern institutions as financial counterparties to securities financing transactions,
6. all fine decisions that were not published under section 60d(3), point 3, together with all legal remedies in connection with those fine decisions and the outcomes of the remedy proceedings,
7. the granting, and the lapse or revocation, of a licence under section 32(1f),
8. every licence for re-securitisation under Article 8(2) of Regulation (EU) 2017/2402,
9. measures and fine decisions of the Federal Institute based on an infringement of Articles 19 to 26e of Regulation (EU) 2017/2402.
(5) The Federal Institute informs the European Insurance and Occupational Pensions Authority of the decisions under section 2e.
(6) The Federal Institute notifies the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority, observing the procedure under Article 36(6) of Regulation (EU) 2017/2402, where, as the competent authority of a single point of contact designated under Article 27(1) of that Regulation, it becomes aware of an infringement of the requirements of Article 27(1) of that Regulation.