2. The criteria laid down in paragraph 1 shall not apply where the institution determines that the professional activities of the staff member do not have a material impact on the institution’s risk profile, because the staff member, or the category of staff to which the staff member belongs, meet any of the following conditions:
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(a)
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the staff member or categories of staff only carry out professional activities and has authorities in a business unit that is not a material business unit;
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(b)
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the professional activities of the staff member or category of staff have no significant impact on the risk profile of a material business unit having regard to the criteria set out in Article 3.
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