Diario Oficial de la Unión Europea del 30/3/2022 - Comunicaciones e Informaciones
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Source: Diario Oficial de la Unión Europea - Comunicaciones e Informaciones
EN
30.3.2022
Official Journal of the European Union
C 142/1
I
Resolutions, recommendations and opinions
RECOMMENDATIONS
EUROPEAN CENTRAL BANK
RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 25 March 2022
amending Recommendation ECB/2017/10 on common specifications for the exercise of some options and discretions available in Union law by national competent authorities in relation to less significant institutions ECB/2022/13
2022/C 142/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 1, and in particular Article 43 and Article 61 and 5c thereof, Whereas:
1
On 4 April 2017 the European Central Bank ECB adopted Recommendation ECB/2017/10 of the European Central Bank 2 hereinafter the O&D Recommendation, in which it established common specifications for the exercise of certain options and discretions available in Union law by national competent authorities NCAs in relation to less significant institutions. Legislation introduced since the adoption of the O&D Recommendation has amended or deleted some of the options and discretions provided in Union law that were included in the O&D
Recommendation, and the ECB Guide on options and discretions available in Union law of November 2016
hereinafter the ECB Guide has also been updated. Therefore, certain consequential amendments to the O&D
Recommendation are necessary.
2
With respect to the options and discretions related to consolidated supervision and waivers of prudential requirements, in line with the specifications contained in Chapter 1 of Section II of the ECB Guide, NCAs should be encouraged to adopt a prudent approach when granting such waivers on an individual basis. Rules on the identification of the consolidating supervisor and the methods and scope of consolidation and sub-consolidation should also be applied in a manner consistent with the ECB Guide.
3
With regard to liquidity waivers at the cross-border level, the ECB recommends a specific approach for less significant institutions given that not all the specifications for the assessment of applications included in the ECB
Guide are relevant for these institutions.
1 OJ L 287, 29.10.2013, p.63.
2 Recommendation of the European Central Bank of 4 April 2017 on common specifications for the exercise of some options and discretions available in Union law by national competent authorities in relation to less significant institutions ECB/2017/10 OJ
C 120, 13.4.2017, p. 2.
