Decision (EU) 2021/1441 (ECB/2021/37)

In force

This text since 26 Sept 2021law://eu/dec/2021/1441/art_1__pnt_2@2026-11-12

Contents

2.Article 3 is amended as follows:

(a)paragraph 3 is replaced by the following:‘3.National powers decisions shall not be adopted by means of a delegated decision if national law requires supervisory approval of credit institutions’ strategic measures or if the complexity of the assessment or sensitivity of the matter requires that they are adopted under the non-objection procedure.’;

(b)the following paragraph 3a is inserted:‘3aHeads of work units shall submit a national powers decision that fulfils the criteria for the adoption of delegated decisions set out in Articles 4 to 14 to the Supervisory Board and the Governing Council for adoption under the non-objection procedure if the supervisory assessment of that national powers decision has a direct impact on the supervisory assessment of another decision which is to be adopted under the non-objection procedure.’;

(c)paragraph 4 is replaced by the following:‘4.The delegation of decision-making powers pursuant to paragraph 1 shall apply to:

(a)the ECB’s adoption of supervisory decisions;

(b)the ECB’s approval of positive assessments where a supervisory decision is not required under national law;

(c)the ECB’s approval of replies or reports issued by the ECB at the request of authorities of participating Member States in respect of national powers;

(d)the ECB’s adoption of instructions addressed, pursuant to Article 7 of Regulation (EU) No 1024/2013, to the national competent authorities with which the ECB has established close cooperation.’;

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Decision · (EU) 2021/1441
Adopted: 3 Aug 2021
In force: 26 Sept 2021
Made by: European Central Bank
Official: EUR-Lex 32021D1441 · ELI

Topics

banking supervision decision-making body (EU)EU banking union EU Member State financial supervision national law powers of the institutions (EU)transfer of competence Organisational principles Provisions governing the Institutions Supervisory powers and tasks

History · 1 version

26 Sept 2021Reading

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Defined terms · 4

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acquisition of a holding
means: (a) the acquisition of a direct or indirect holding of capital or of voting rights in another entity, including as a result of the establishment of a new entity, other than the acquisition of a qualifying holding within the meaning of Article 22 of Directive 2013/36/EU of the European Parliament and of the Council;
non-core support services
means ancillary services supporting the principal business of a credit institution including administrative services, customer services, debt collection services, e-signatures or other similar services;’;
regulated entity
means a regulated entity as defined in point (4) of Article 2 of Directive 2002/87/EC of the European Parliament and of the Council.
sensitivity
means a characteristic or factor that may have a negative impact on the ECB’s reputation and/or on the effective and consistent functioning of the Single Supervisory Mechanism, including but not limited to any of the following: (a) the relevant supervised entity has previously been, or is currently, subject to severe supervisory measures such as early intervention measures;