Procedure for group recovery plans and deficiencies in group recovery plans, where the supervisory authority is not the consolidating supervisor

(1) Where the supervisory authority receives a group recovery plan from the consolidating supervisor, it endeavours, after coordination with the supervisory authorities represented in the relevant supervisory college and with the supervisory authorities of the significant branches, insofar as significant branches are affected by the group recovery plan, to reach a joint decision within four months with the consolidating supervisor and the other supervisory authorities concerned 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, 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.
(2) The supervisory authority takes the decision alone where, within four months, there is no joint decision of the supervisory authorities under subsection (1) on
1. the need for the preparation of an individual recovery plan under subsection (1), first sentence, point 2, for a domestic institution, or
2. the application of measures under section 16 at the level of the German subsidiary undertaking.
(3) The supervisory authority takes its decision in accordance with the decision of the European Banking Authority, where, before the end of the four-month period, the consolidating supervisor or one of the supervisory authorities concerned has, under Article 19(3) of Regulation (EU) No 1093/2010, referred to the European Banking Authority one of the matters referred to in subsection (2), point 2, insofar as measures under section 16(5), first sentence, points 1, 2 and 4, are concerned. Where the European Banking Authority does not take a decision within one month, subsection (2) applies correspondingly.
(4) Insofar as a joint decision under subsection (1) is not reached, the supervisory authority treats as binding the decisions taken by the consolidating supervisor or the other supervisory authorities concerned within their respective competence.