AI Summary of Article 40 Composition
The Board of Supervisors comprises the Chairperson; the head of the national public authority competent for supervision in each Member State, who shall meet in person at least twice a year; one non-voting representative of the Commission; one non-voting representative of the ESRB; and one non-voting representative of each of the other two European Supervisory Authorities. The Board shall convene meetings with the Securities and Markets Stakeholder Group at least twice a year. Each competent authority must nominate a high-level alternate to replace its member if prevented from attending. In Member States with multiple supervisory authorities those authorities shall agree a common representative, and the member may bring a non-voting representative from a relevant national authority where an item falls outside its competence.
For Directive 97/9/EC the national member may be accompanied, non-voting, by a representative of bodies administering investor compensation schemes; for Regulation (EU) 2021/23 the national member may be accompanied, non-voting, by a representative of the resolution authority. The Board may admit observers and shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism under Regulation (EU) 2024/1620 when matters within its remit are discussed or decided. The Executive Director may attend meetings without voting rights. Where national consumer protection responsibility lies elsewhere the member may invite a non-voting consumer protection representative; where responsibility is shared the authorities shall agree a common representative.
Article 40 Composition
1. The Board of Supervisors shall be composed of:
(a) the Chairperson;
(b) the head of the national public authority competent for the supervision of financial market participants in each Member State, who shall meet in person at least twice a year;
(c) one representative of the Commission, who shall be non-voting;
(d) one representative of the ESRB, who shall be non-voting;
(e) one representative of each of the other two European Supervisory Authorities who shall be non-voting;
2. The Board of Supervisors shall convene meetings with the Securities and Markets Stakeholder Group regularly, at least twice a year.
3. Each competent authority shall be responsible for nominating a high-level alternate from its authority, who may replace the member of the Board of Supervisors referred to in paragraph 1(b), where that person is prevented from attending.
4. In Member States where more than one authority is responsible for the supervision according to this Regulation, those authorities shall agree on a common representative. Nevertheless, when an item to be discussed by the Board of Supervisors does not fall within the competence of the national authority being represented by the member referred to in paragraph 1(b), that member may bring a representative from the relevant national authority, who shall be non-voting.