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Part 2 · Supervisory Provisions and Requirements for Recovery Preparation and Early Intervention  ›  Chapter 1 · Recovery Planning › Section 17

Procedure for group recovery plans and deficiencies in group recovery plans, where the supervisory authority is at the same time the consolidating supervisor

(1) Where the supervisory authority is at the same time the consolidating supervisor, it transmits the group recovery plans to 1. the supervisory authorities of the Member States in which subsidiary undertakings are located; 2. the supervisory authorities of the Member States in which significant branches are located, insofar as the group recovery plan is relevant to the significant branch; 3. the resolution authority; 4. the resolution authorities of the Member States in which subsidiary undertakings are located. Transmission to an authority in a Member State takes place only insofar as it is ensured that confidentiality requirements corresponding to sections 4 to 10 are observed by that authority.
(2) After coordination with the supervisory authorities represented in the relevant supervisory college and with the supervisory authorities of the significant branches, insofar as the significant branches are affected by the group recovery plan, the supervisory authority endeavours, within four months of transmission of the group recovery plan under subsection (1), to reach a joint decision with the supervisory authorities of the subsidiary undertakings on 1. the assessment of the group recovery plan, 2. the need for the preparation of a recovery plan on an individual basis for institutions that are part of the group, and 3. the application of measures under section 16. The supervisory authority may request the European Banking Authority, under Article 31 of Regulation (EU) No 1093/2010 in the version of 8 October 2025, for assistance in reaching agreement. Insofar as individual supervisory authorities concerned do not agree to a joint decision under the first sentence, the supervisory authority may reach a joint decision with the other supervisory authorities concerned.
(3) Insofar as the supervisory authority and the other supervisory authorities concerned do not reach a joint decision under subsection (2) within four months, the supervisory authority takes the decision under subsection (2) alone. In its decision, the supervisory authority takes account of the views and reservations expressed by the other supervisory authorities concerned within the four-month period. It communicates the decision to the superordinate undertaking and to the other supervisory authorities concerned.
(4) The supervisory authority takes its decision in accordance with the decision of the European Banking Authority under Article 19(3) of Regulation (EU) No 1093/2010, where, before the end of the four-month period, one of the supervisory authorities concerned has, under Article 19 of Regulation (EU) No 1093/2010, referred to the European Banking Authority one of the matters referred to in subsection (2), first sentence, point 1, or, insofar as measures under section 16(5), first sentence, points 1, 2 and 4, are concerned, in subsection (2), first sentence, point 3. Where the European Banking Authority does not take a decision within one month, subsection (3) applies correspondingly.

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