Article 54 Supervisory measures towards establishments of obliged entities and certain activities carried out under the freedom to provide services

1.   In the case of establishments of obliged entities that do not as such qualify as credit institutions or financial institutions or of types of infrastructure of obliged entities over which the supervisor of the host Member State exercises supervision pursuant to Article 38(1), paragraphs 2 to 5 of this Article shall apply.

2.   Where the supervisors of the host Member State identify breaches of applicable requirements, they shall request the obliged entities operating through the establishments or types of infrastructure as referred to in paragraph 1 to comply with the applicable requirements and inform the supervisors of the home Member State of the breaches identified within those obliged entities and of the request to comply.

3.   Where the obliged entities fail to take the necessary action, the supervisors of the host Member State shall inform the supervisors of the home Member State accordingly.

The supervisors of the home Member State shall act promptly and take all appropriate measures to ensure that the obliged entity concerned remedies the breaches detected in its establishments or types of infrastructure in the host Member State. The supervisors of the home Member State shall inform the supervisors of the host Member State of any actions taken pursuant to this paragraph.

4.   By way of derogation from paragraph 3, in situations of serious, repeated or systematic breaches by obliged entities operating through establishments or other types of infrastructure in their territory as referred to in paragraph 1 that require immediate remedies, supervisors of the host Member State shall be allowed at their own initiative to take appropriate and proportionate measures to address those breaches. Those measures shall be temporary and be terminated when the breaches identified are addressed, including with the assistance of or in cooperation with the supervisors of the home Member State of the obliged entity.

Member States shall ensure that the supervisors of the host Member State inform the supervisor of the home Member State of the obliged entity immediately upon identification of the serious, repeated or systematic breaches and upon taking any measure pursuant to the first subparagraph, unless measures are taken in cooperation with the supervisors of the home Member State.

5.   Where the supervisors of the home and host Member States disagree on the measures to be taken in relation to an obliged entity, they may refer the matter to AMLA and request its assistance in accordance with Articles 33 and 38 of Regulation (EU) 2024/1620. AMLA shall provide its opinion on the matter of disagreement within 1 month.