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Provision history · EBA Regulation

Art. 40 · Composition

European Banking Authority Regulation · 32010R1093 · every version of this act · on EUR-Lex (external, EUR-Lex)

5 changes recorded across 5 versions, newest first.

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Version in force , Modified +658 −0

Amended by Regulation (EU) 2024/1620 32024R1620 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (the text changed beyond its dates, so no date that moved can be read as the application date) why

dates added to the text: 2024-05-31

Explanation, written by a model and checked against the cited text

Paragraph 7 now adds a specific requirement that the Board of Supervisors admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism, established by Regulation (EU) 2024/1620, whenever matters within that authority's mandate are discussed or decided.

The prior text only stated that the Board of Supervisors may decide to admit observers, without naming any particular body to be admitted.

Cited: Art. 40, v2 (external, EUR-Lex) · Art. 40, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 10 November 2025 02010R1093-20251110 → this version, in force 31 December 2025 02010R1093-20251231

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 credit institutions in each Member State, who shall meet in person at least twice a year; (c) … 345 unchanged words … State, who shall be non-voting. For the purpose of acting within the scope of Directive 2014/59/EU, the Chair of the Single Resolution Board shall be an observer to the Board of Supervisors. 7. The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the Council Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj). where matters that fall under its mandate are discussed or decided upon. The Executive Director may participate in meetings of the Board of Supervisors, without the right to vote. 8. Where the national public authority referred to in point (b) of paragraph 1 is not responsible for the enforcement of consumer protection rules, the member of the Board of Supervisors referred to in that point may decide to invite a representative from the Member State’s consumer protection authority, who shall be non-voting. In the case where the responsibility for consumer protection is shared by several authorities in a Member State, those authorities shall agree on a common representative.

Version in force , Modified

Amended by Regulation (EU) 2019/2175 32019R2175 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

The description of the Chairperson's seat on the Board of Supervisors in point (a) of paragraph 1 no longer includes the qualifier that the Chairperson is non-voting.

A new paragraph 8 has been added allowing the member referred to in point (b) of paragraph 1, where the relevant national public authority is not responsible for enforcing consumer protection rules, to invite a non-voting representative from the Member State's consumer protection authority, with a rule that where several authorities share consumer protection responsibility they must agree on a common representative.

Cited: Art. 40, v1 (external, EUR-Lex) · Art. 40, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Modified

Amended by Regulation (EU) No 806/2014 32014R0806 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

A new sentence is added to paragraph 6 stating that, for the purpose of acting within the scope of Directive 2014/59/EU, the Chair of the Single Resolution Board shall be an observer to the Board of Supervisors.

Cited: Art. 40, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Modified

Amended by Directive 2014/59/EU 32014L0059 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Paragraph 6 gains a second sentence stating that, for acting within the scope of Directive 2014/59/EU, the member referred to in point (b) of paragraph 1 may, where appropriate, be accompanied by a representative from the resolution authority in each Member State, who shall be non-voting.

The earlier text contained only the sentence referring to Directive 94/19/EC and deposit-guarantee scheme bodies, without any mention of resolution authorities.

Cited: Art. 40, v2 (external, EUR-Lex) · Art. 40, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Modified

Amended by Regulation (EU) No 1022/2013 32013R1022 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Point (d) of paragraph 1 now describes the European Central Bank representative as one nominated by the Supervisory Board of the European Central Bank, rather than simply a representative of the European Central Bank.

A new paragraph 4a is added, stating that in discussions not relating to individual financial institutions as provided in Article 44(4), the representative nominated by the Supervisory Board of the European Central Bank may be accompanied by a representative of the European Central Bank with expertise on central banking tasks.

Cited: Art. 40, v1 (external, EUR-Lex) · Art. 40, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page