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Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (EBA Regulation)RecitalsChapter I Establishment and legal status (arts. 1-7)Article 1 Establishment and scope of actionArticle 2 European System of Financial SupervisionArticle 3 Accountability of the AuthoritiesArticle 4 DefinitionsArticle 5 Legal statusArticle 6 CompositionArticle 7 SeatChapter II Tasks and powers of the authority (arts. 8-39)Article 8 Tasks and powers of the AuthorityArticle 9 Tasks related to consumer protection and financial activitiesArticle 9a Special tasks related to preventing and countering money laundering and terrorist financingArticle 9b Request for investigation related to the prevention and countering of money laundering and of terrorist financingArticle 9c No action lettersArticle 10 Regulatory technical standardsArticle 11 Exercise of the delegationArticle 12 Revocation of the delegationArticle 13 Objections to regulatory technical standardsArticle 14 Non-endorsement or amendment of draft regulatory technical standardsArticle 15 Implementing technical standardsArticle 16 Guidelines and recommendationsArticle 16a OpinionsArticle 16b Questions and answersArticle 17 Breach of Union lawArticle 17a Protection of reporting personsArticle 18 Action in emergency situationsArticle 19 Settlement of disagreements between competent authorities in cross-border situationsArticle 20 Settlement of disagreements between competent authorities across sectorsArticle 20a Convergence of supervisory review processArticle 21 Colleges of supervisorsArticle 22 General provisions on systemic riskArticle 23 Identification and measurement of systemic riskArticle 24 Permanent capacity to respond to systemic risksArticle 25 Recovery and resolution proceduresArticle 26 European system of deposit guarantee schemesArticle 27 European system of bank resolution and funding arrangementsArticle 28 Delegation of tasks and responsibilitiesArticle 29 Common supervisory cultureArticle 29a Union strategic supervisory prioritiesArticle 30 Peer reviews of competent authoritiesArticle 31 Coordination functionArticle 31a Information exchange on fitness and proprietyArticle 32 Assessment of market developments, including stress testsArticle 33 International relations including equivalenceArticle 34 Other tasksArticle 35 Collection of informationArticle 35a Exchange of information between authorities and with other entitiesArticle 35b Integrated reporting systemArticle 36 Relationship with the ESRBArticle 37 Banking Stakeholder GroupArticle 38 SafeguardsArticle 39 Article 39 Decision-making proceduresChapter III Organisation (arts. 40-53)Section 1 Board of Supervisors (arts. 40-44)Article 40 CompositionArticle 41 Internal committeesArticle 42 Independence of the Board of SupervisorsArticle 43 TasksArticle 43a Transparency of decisions adopted by the Board of SupervisorsArticle 44 Decision-makingSection 2 Management Board (arts. 45-47)Article 45 CompositionArticle 45a Decision-makingArticle 45b Coordination GroupsArticle 46 Independence of the Management BoardArticle 47 TasksSection 3 Chairperson (arts. 48-50)Article 48 Appointment and tasksArticle 49 Independence of the ChairpersonArticle 49a ExpensesArticle 50 ReportSection 4 Executive Director (arts. 51-53)Article 51 AppointmentArticle 52 IndependenceArticle 52a ExpensesArticle 53 TasksChapter IV Joint bodies of the European supervisory authorities (arts. 54-59)Section 1 Joint Committee of European Supervisory Authorities (arts. 54-57)Article 54 EstablishmentArticle 55 CompositionArticle 56 Joint positions and common actsArticle 57 Sub-CommitteesSection 2 Board of Appeal (arts. 58-59)Article 58 Composition and operationArticle 59 Independence and impartialityChapter V Remedies (arts. 60-61)Article 60 AppealsArticle 60a Exceeding of competence by the AuthorityArticle 61 Actions before the Court of Justice of the European UnionChapter VI Financial provisions (arts. 62-66)Article 62 Budget of the AuthorityArticle 63 Establishment of the budgetArticle 64 Implementation and control of the budgetArticle 65 Financial rulesArticle 66 Anti-fraud measuresChapter VII General provisions (arts. 67-75)Article 67 Privileges and immunitiesArticle 68 StaffArticle 69 Liability of the AuthorityArticle 70 Obligation of professional secrecyArticle 71 Data protectionArticle 72 Access to documentsArticle 73 Language arrangementsArticle 74 Headquarters AgreementArticle 75 Participation of third countriesChapter VIII Transitional and final provisions (arts. 76-82)Article 76 Relationship with the Committee of European Banking SupervisorsArticle 77 Transitional staff provisionsArticle 78 National provisionsArticle 79 AmendmentsArticle 80 RepealArticle 81 ReviewArticle 81a Review of voting arrangementsArticle 82 Entry into forceDone at
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AI Summary of Article 28 Delegation of tasks and responsibilities

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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 3 of 3

Article 28 Delegation of tasks and responsibilities

1. Competent authorities may, with the consent of the delegate, delegate tasks and responsibilities to the Authority or other competent authorities subject to the conditions set out in this Article. Member States may set out specific arrangements regarding the delegation of responsibilities that have to be complied with before their competent authorities enter into such delegation agreements, and may limit the scope of delegation to what is necessary for the effective supervision of cross-border financial institutions or groups.

2. The Authority shall stimulate and facilitate the delegation of tasks and responsibilities between competent authorities by identifying those tasks and responsibilities that can be delegated or jointly exercised and by promoting best practices.

3. The delegation of responsibilities shall result in the reallocation of competences laid down in the acts referred to in Article 1(2). The law of the delegate authority shall govern the procedure, enforcement and administrative and judicial review relating to the delegated responsibilities.

4. The competent authorities shall inform the Authority of delegation agreements into which they intend to enter. They shall put the agreements into effect at the earliest 1 month after informing the Authority.

The Authority may give an opinion on the intended agreement within 1 month of being informed.

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