Guideline 9: Consultation with the EBA

9.1 When consulting the EBA in accordance with Article 33(6) of the RTS, competent authorities should submit to the EBA the Assessment Form set out in Annex 1 in relation to each request for an exemption that they intend to grant. Competent authorities should not take any decision in relation to the exemption until the earlier of receiving the EBA’s comments on the request or one month from the date that the competent authority consulted the EBA. Competent authorities should take due account of the EBA’s comments when taking any decision on the request.

9.2 In derogation from Guideline 9.1, until 31 December 2019, competent authorities that have notified the EBA that they comply with these Guidelines can proceed to grant an exemption provided that they have consulted the EBA by informing it of their intention to grant the exemption using the Assessment Form set out in Annex 1. In such a case, the competent authorities may submit the Assessment Form covering one or more ASPSPs.

9.3 Competent authorities that have refused to exempt an ASPSP from the obligation to set up the contingency mechanism referred to in Article 33(4) of the RTS because its dedicated interface does not comply with the conditions set out in Article 33(6) of the RTS and with the requirements of Guidelines 2 to 8 should submit to the EBA the Assessment Form in Annex 1 without undue delay. The negative assessment should be provided for all denied requests to grant an exemption in accordance with Article 33(6) of the RTS.

9.4 Where an ASPSP is part of a group with subsidiaries in different Member States that will use the same dedicated interface, each of the competent authorities of those Member States should:

• a. inform the other relevant competent authorities without undue delay if it intends to refuse to grant an exemption; and
• b. on request from the other competent authorities and without prejudice to any confidentiality obligations, inform the other competent authorities of its reasoning why it intends to refuse to grant an exemption and, where relevant, of the issues reported by PISPs, AISPs and CBPIIs to the competent authority.

1. Forbhreathnú

1.1 Tagairtí

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

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