S.L. 330.9 Art. 30Coordination of early intervention measures and appointment of temporary administrator in relation to groups.

(1) Where the conditions for the imposition of requirements under regulation 27 or the appointment of a temporary administrator in accordance with regulation 29 are met in relation to a Union parent undertaking, where the Authority is the consolidating supervisor, it shall notify the EBA and consult the

European regulatory authorities within the supervisory college.

(2) Following the notification and consultation, where the Authority is the consolidating supervisor, it shall decide whether to apply any of the measures in regulation 27 or appoint a temporary administrator under regulation 29 in respect of the relevant Union parent undertaking, taking into account the impact of those measures on the group entities in other Member States. The Authority, where it is the consolidating supervisor shall notify the decision to the European regulatory authorities within the supervisory college and the EBA.

(3) Where the Authority is responsible for the supervision on an individual basis of a subsidiary of a Union parent undertaking and the conditions for the imposition of requirements under regulation 27 or the appointment of a temporary administrator under regulation 29 are met in relation to such a subsidiary, the Authority, where it intends to take a measure in accordance with those regulations, shall notify the EBA and consult the European regulatory authority acting as the consolidating supervisor.

(4) Following the notification and consultation referred to in sub-regulation (3), the Authority, as the Authority responsible for the supervision on an individual basis of the subsidiary of the Union parent undertaking, shall decide whether to apply any of the measures in regulation 27 or appoint a temporary administrator under regulation 29. The decision shall give due consideration to any assessment of the European regulatory authority acting as the consolidating supervisor. The Authority, shall notify the decision to the European regulatory authority acting as the consolidating supervisor and other European regulatory authorities within the supervisory college and the EBA.

(5) Where the Authority is the consolidating supervisor, on receiving a notification from the European regulatory authority responsible for the supervision on an individual basis of a subsidiary of a Union parent undertaking in accordance with Article 30(3) of the BRRD, the Authority may assess the likely impact of the imposition of requirements under regulation 27 or the appointment of a temporary administrator in accordance with regulation 29 to the institution in question, on the group or on group entities in other Member States and shall communicate that assessment to the European regulatory authority concerned within three days.

(6) Where the Authority and one or more European regulatory authorities intend to appoint a temporary administrator or apply any of the measures in regulation 27 to more than one institution in the same group, the Authority together with the other relevant European regulatory authorities shall consider whether it is more appropriate to appoint the same temporary administrator for all the entities concerned or to coordinate the application of any measures in regulation 27 to more than one institution in order to facilitate solutions restoring the financial position of the institution concerned. The assessment shall take the form of a joint decision:

(a) where the Authority is the consolidating supervisor, of the Authority and the relevant European regulatory authorities; or

(b) where the Authority is responsible for supervision on an individual basis of a subsidiary of a Union parent undertaking, of the Authority, the European regulatory authority acting as the consolidating supervisor and the other relevant European regulatory authorities responsible for supervision on an individual basis of other subsidiaries of the Union parent undertaking. The joint decision shall be reached within five days from the date of the notification referred to in Article 30(1) of the BRRD. The joint decision shall be reasoned and set out in a document, which shall be provided by the Authority, where it is the consolidating supervisor to the Union parent undertaking: Provided that, the Authority may request the EBA to assist the authorities mentioned in this sub-regulation in reaching an agreement in accordance with Article 31 of Regulation (EU) No 1093/2010.

(7) In the absence of a joint decision within five days, where the Authority is either the consolidating supervisor or the Authority responsible for supervision on an individual basis of a subsidiary, it may take an individual decision on the appointment of a temporary administrator to the institution for which it has responsibility and on the application of any of the measures in regulation 27.

(8) Where the Authority does not agree with a decision notified by the European regulatory authority acting as the consolidating supervisor in accordance with Article 30(1) of the BRRD, a decision notified by an European regulatory authority responsible for supervision on an individual basis of a subsidiary of a Union parent undertaking in accordance with Article 30(3), or in the absence of a joint decision under sub-regulation (6) and (7), the Authority may refer the matter to the EBA in accordance with sub-regulation (9).

(9) The Authority may request the EBA to assist the authorities mentioned in this regulation that intend to apply one or more of the measures in paragraph (a) of Article 27(1) of the BRRD with respect to the paragraphs (4), (10), (11) and (19) of Section A of the Annex to the BRRD, in paragraph (e) of Article 27(1) of the BRRD or in paragraph (g) of Article 27(1) of the BRRD in reaching an agreement in accordance with Article 19(3) of Regulation (EU) No 1093/2010.

(10) The decision of the Authority shall be reasoned. The decision shall take into account the views and reservations of the European regulatory authorities concerned expressed during the consultation period referred to in Article 30(1) or (3) of the BRRD or the five-day period referred to in sub-regulations (6) and (7) as well as the potential impact of the decision on financial stability in Malta and in the Member States concerned. The Authority shall provide its decisions: where the Authority is the consolidating supervisor, to the Union parent undertaking; or, where the Authority is responsible for a subsidiary, to the subsidiary concerned.

(11) In the cases referred to in Article 30(6) of the BRRD, where, before the end of the consultation period referred to in Article 30(1) and (3) of the BRRD or at the end of the five-day period referred to in sub-regulations (6) and (7), any of the authorities mentioned in this regulation has referred the matter to the EBA in accordance with Article 19(3) of Regulation (EU) No 1093/2010, the Authority and the European regulatory authorities concerned shall defer their decisions and await any decision that the EBA may take in accordance with Article 19(3) of that Regulation, and shall take their decision in accordance with the decision of the EBA. The five-day period shall be deemed to be the conciliation period within the meaning of that Regulation. The matter shall not be referred to the EBA after the end of the five-day period or after a joint decision has been reached.

(12) The Authority may, in the cases referred to in sub-regulation (9), before the end of the consultation period referred to in Article 30(1) and (3) of the BRRD or at the end of the five-day period referred to in sub-regulation (7), refer the matter to the EBA in accordance with Article 19(3) of Regulation (EU) No 1093/2010. The five-day period shall be deemed to be the conciliation period within the meaning of that Regulation. The matter shall not be referred to the EBA after the end of the five-day period or after a joint decision has been reached.

(13) In the absence of a decision by the EBA within three days, individual decisions taken in accordance with Article 30(1) or (3) of the BRRD, or sub-regulation (7), shall apply.