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Banking Rule Book
Text applicable on 29 Jun 2021Consolidated version of 29 Jun 2021Earlier versionUpcoming changefrom 30 Sept 2021Unofficial text · authentic on EUR-Lex (opens in a new tab)

CRR Article 2 — as applicable on 29 Jun 2021 (version of 29 Jun 2021)

Upcoming changeThis provision is amended or removed from 1 Jan 2025.View that version

Article 2

Supervisory powers

On this provision: 1 EBA Q&A

Amendment details· last amended 27 Jun 2019
Versions of this provision:28 Jun 201327 Jun 201929 Jun 20211 Jan 2025

Last amended 27 Jun 2019 by Regulation (EU) 2019/876 of 20 May 2019.

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1.

For the purpose of ensuring compliance with this Regulation, competent authorities shall have the powers and shall follow the procedures set out in Directive 2013/36/EU and in this Regulation.

2.

For the purpose of ensuring compliance with this Regulation, resolution authorities shall have the powers and shall follow the procedures set out in Directive 2014/59/EU of the European Parliament and of the Council ((1)) and in this Regulation.

3.

For the purpose of ensuring compliance with the requirements concerning own funds and eligible liabilities, competent authorities and resolution authorities shall cooperate.

4.

For the purpose of ensuring compliance within their respective competences, the Single Resolution Board established by Article 42 of Regulation (EU) No 806/2014 of the European Parliament and of the Council ((2)), and the European Central Bank with regard to matters relating to the tasks conferred on it by Council Regulation (EU) No 1024/2013 ((3)), shall ensure the regular and reliable exchange of relevant information.

5.

When applying the provisions laid down in Article 1(2) (opens EUR-Lex in a new tab) and 1(5) (opens EUR-Lex in a new tab) of Regulation (EU) 2019/2033 (opens EUR-Lex in a new tab) of the European Parliament and of the Council ((4)) with regard to investment firms referred to in those paragraphs, the competent authorities as defined in point (5) (opens EUR-Lex in a new tab) of Article 3(1) (opens EUR-Lex in a new tab) of Directive (EU) 2019/2034 (opens EUR-Lex in a new tab) of the European Parliament and of the Council ((5)) shall treat those investment firms as if they were “institutions” under this Regulation.

(1)

Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC (opens EUR-Lex in a new tab), and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).

(2)

Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).

(3)

Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

(4)

Regulation (EU) 2019/2033 (opens EUR-Lex in a new tab) of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1).

(5)

Directive (EU) 2019/2034 (opens EUR-Lex in a new tab) of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64).