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AI Summary of Article 21 Joint decisions on the level of application of liquidity requirements
The consolidating supervisor and relevant competent authorities must collaboratively determine the conditions for liquidity sub-groups under Article 8 within six months of application by an EU parent institution. In cases of disagreement, the European Banking Authority (EBA) may mediate.
If no joint decision is achieved, individual competent authorities may proceed with their own decisions, factoring in proportional risks and benefits for both parent and subsidiary jurisdictions. Any joint decisions or individual authority decisions will be binding.
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Article 21 Joint decisions on the level of application of liquidity requirements
1. Upon application of an EU parent institution or an EU parent financial holding company or EU parent mixed financial holding company or a sub-consolidating subsidiary of an EU parent institution or an EU parent financial holding company or EU parent mixed financial holding company, the consolidating supervisor and the competent authorities responsible for the supervision of subsidiaries of an EU parent institution or an EU parent financial holding company or EU parent mixed financial holding company in a Member State shall do everything within their power to reach a joint decision on whether the conditions in points (a) to (d) of Article 8(1) are met and identifying a single liquidity sub-group for the application of Article 8.
The joint decision shall be reached within six-months after submission by the consolidating supervisor of a report identifying single liquidity sub-groups on the basis of the criteria laid down in Article 8. In the event of disagreement during the six-months period, the consolidating supervisor shall consult EBA at the request of any of the other competent authorities concerned. The consolidating supervisor may consult EBA on its own initiative.