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THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty on the Functioning of the European Union,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,Having regard to Decision (EU) 2017/933 of the European Central Bank of 16 November 2016 on a general framework for delegating decision-making powers for legal instruments related to supervisory tasks (ECB/2016/40)note, and in particular Articles 4 and 5 thereof,Having regard to Decision (EU) 2026/564 of the European Central Bank of 13 February 2026 on the delegation of the power to adopt decisions regarding mergers, divisions and acquisitions of material holdings (ECB/2026/5)note, and in particular Article 3 thereof,Having regard to Decision ECB/2004/2 of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Banknote, and in particular Article 10 thereof,Whereas:
(1)Pursuant to amendments to Directive 2013/36/EU of the European Parliament and of the Councilnote that were introduced by Directive (EU) 2024/1619 of the European Parliament and Councilnote, supervisors of credit institutions have at their disposal all the supervisory powers enabling them to cover the material operations that can be undertaken by the supervised entities. The European Central Bank (ECB) therefore has the power to take decisions in exercise of supervisory powers granted pursuant to Directive 2013/36/EU in cases of mergers, divisions or acquisitions of material holdings involving significant supervised entities.
(2)To address the considerable number of decisions that the ECB is to adopt for the performance of its supervisory tasks, a procedure for the adoption of specific delegated decisions has been established.
(3)A delegation decision is effective upon the adoption of a decision by the Executive Board nominating one or more heads of work units to take decisions on the basis of a delegation decision.
(4)The importance of the delegation decision and the number of addressees to whom delegated decisions need to be sent should be taken into account by the Executive Board in nominating heads of work units.
(5)Article 10.1 of Decision ECB/2004/2 provides that the Executive Board is to decide upon the number, name and respective competence of each of the work units of the ECB.
(6)The Chair of the Supervisory Board has been consulted on the heads of work units to whom the power to adopt delegated decisions regarding supervisory powers granted in respect of mergers, divisions and acquisitions of material holdings involving at least one significant supervised entity should be delegated.
(7)As the amendments concerning the relevant supervisory powers introduced to Directive 2013/36/EU took effect from 11 January 2026, it is appropriate that decisions in exercise of those supervisory powers be delegated in accordance with this decision as soon as possible after that date,
HAS ADOPTED THIS DECISION:
Article 1Delegated decisions on mergers and divisions#
1.Delegated decisions pursuant to Article 4 (in respect of mergers) and Article 5 (in respect of divisions) of Decision (EU) 2026/564 (ECB/2026/5) that involve significant supervised entities as defined in Article 2, point (16), of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17)note shall be adopted by the Director-General or the Deputy Director-General of the Directorate-General SSM Governance and Operations – or if they are unavailable, the Head of the Authorisation Division – and one of the following heads of work units:
(a)the Director-General or a Deputy Director-General of the Directorate-General Systemic and International Banks, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Systemic and International Banks;
(b)the Director-General or a Deputy Director-General of the Directorate-General Universal and Diversified Institutions, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Universal and Diversified Institutions;
(c)the Director-General or a Deputy Director-General of the Directorate-General Specialised Institutions and Less Significant Institutions, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Specialised Institutions and Less Significant Institutions.
2.If a delegated decision pursuant to Article 4 (in respect of mergers) and Article 5 (in respect of divisions) of Decision (EU) 2026/564 (ECB/2026/5) involves more than one significant supervised entity, the relevant supervised entity shall be the supervised entity resulting from the proposed operation in case of a merger, or the entity being divided in case of a division.
Article 2Delegated decisions on acquisitions of material holdings#
1.Delegated decisions pursuant to Article 6 of Decision (EU) 2026/564 (ECB/2026/5) that are not connected to a qualifying holding in a credit institution as referred to in Article 22(1) of Directive 2013/36/EU and that involve significant supervised entities as defined in Article 2, point (16), of Regulation (EU) No 468/2014 shall be adopted by one of the following heads of work units:
(a)the Director-General or a Deputy Director-General of the Directorate-General Systemic and International Banks, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Systemic and International Banks;
(b)the Director-General or a Deputy Director-General of the Directorate-General Universal and Diversified Institutions, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Universal and Diversified Institutions;
(c)the Director-General or a Deputy Director-General of the Directorate-General Specialised Institutions and Less Significant Institutions, if supervision of the relevant supervised entity or group is carried out by the Directorate-General Specialised Institutions and Less Significant Institutions.
2.Delegated decisions pursuant to Article 6 of Decision (EU) 2026/564 (ECB/2026/5) that are connected to a qualifying holding in a credit institution as referred to in Article 22(1) of Directive 2013/36/EU and that involve significant supervised entities as defined in Article 2, point (16), of Regulation (EU) No 468/2014 shall, in addition to the heads of work units referred to in paragraph 1, be adopted by the Director-General or the Deputy Director-General of the Directorate-General SSM Governance and Operations, or if they are unavailable, the Head of the Authorisation Division.
3.If a delegated decision pursuant to Article 6 of Decision (EU) 2026/564 (ECB/2026/5) involves more than one significant supervised entity, the relevant supervised entity shall be each of the supervised entities acquiring the material holding.
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