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AI Summary of Article 20 Joint decisions on prudential requirements
Competent authorities must cooperate in full consultation on applications for permissions listed in Articles 143(1), 151(9), 283 and 325az submitted by an EU parent institution and its subsidiaries or by subsidiaries of an EU parent financial or mixed financial holding company, and on assessments for specific intragroup treatment under Articles 422(9) and 425(5) (with the related EBA RTS). Applications are to be submitted only to the consolidating supervisor. Authorities shall use best efforts to reach a joint decision within six months and record it in a fully reasoned document provided to the applicant; the six‑month period starts on receipt of the complete application by the consolidating supervisor (who must forward it) or on receipt of the consolidating supervisor’s intragroup report.
If no joint decision is reached within six months, the consolidating supervisor shall decide on the permissions (point (a)) and the subsidiary’s individual supervisor shall decide on the intragroup treatment (point (b)); each decision must be fully reasoned, take account of other authorities’ views or reservations and be communicated to relevant parties. If any authority refers the matter to EBA within the six‑month conciliation period, decisions are deferred pending EBA’s decision, which EBA must take within one month. Decisions are recognised as determinative and applied by Member State competent authorities. Where the IRB Approach is used on a unified basis, parent and subsidiaries may meet qualifying criteria consistent with group structure. EBA will draft implementing technical standards on the joint decision process for certain permissions and submit them to the Commission by 10 July 2025, with the Commission empowered to adopt them under Regulation (EU) No 1093/2010.
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Article 20 Joint decisions on prudential requirements
1. The competent authorities shall work together, in full consultation:
(a) in the case of applications for the permissions referred to in Article 143(1), Article 151(9), Article 283 and Article 325az submitted by an EU parent institution and its subsidiaries, or jointly by the subsidiaries of an EU parent financial holding company or EU parent mixed financial holding company, to decide whether or not to grant the permission sought and to determine the terms and conditions, if any, to which such permission should be subject;
(b) for the purposes of determining whether the criteria for a specific intragroup treatment as referred to in Article 422(9) and Article 425(5) complemented by the EBA regulatory technical standards referred to in Article 422(10) and Article 425(6) are met.
Applications shall be submitted only to the consolidating supervisor.
2. The competent authorities shall do everything within their power to reach a joint decision within six months on: