5.3 Committees’ p rocesses

Committees should regularly report to the management body in its supervisory function.

Committees should interact with each other as appropriate. Without prejudice to paragraph 50, such interaction could take the form of cross-participation so that the chair or a member of a committee may also be a member of another committee.

Members of committees should engage in open and critical discussions, during which dissenting views are discussed in a constructive manner.

Committees should document the agendas of committee meetings and their main results and conclusions.

The risk and nomination committees should at least:

• a. have access to all relevant information and data necessary to perform their role, including information and data from relevant corporate and control functions (e.g. legal, finance, human resources, IT, internal audit, risk, compliance, including information on AML/CFT compliance and aggregated information on suspicious transaction reports, and ML/TF risk factors);
• b. receive regular reports, ad hoc information, communications and opinions from heads of internal control functions concerning the current risk profile of the institution, its risk culture and its risk limits, as well as on any material breaches²⁸ that may have occurred, with detailed information on and recommendations for corrective measures taken, to be taken or suggested to address them; periodically review and decide on the content, format and frequency of the information on risk to be reported to them; and
• c. where necessary, ensure the proper involvement of the internal control functions and other relevant functions (human resources, legal, finance) within their respective areas of expertise and/or seek external expert advice.

²⁸ With regard to serious breaches in the area of AML/CFT, please refer also to the EBA Guidelines on cooperation and information exchange between prudential supervisors, AML/CFT supervisors and financial intelligence units under Directive 2013/36/EU (EBA/GL/2021/15), particularly in relation to cross-border groups and in the context of identifying serious breaches of anti-money laundering rules.