Decision of the European Systemic Risk Board of 31 March 2017 amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board (ESRB/2017/2)

‘6 The Chair of the ESRB may, in accordance with Article 9(4) and (5) of Regulation (EU) No 1092/2010, invite other persons on an ad hoc basis for specific agenda items on a proposal from the Chair or from other members of the General Board, where appropriate and subject to compliance with confidentiality requirements.’;

‘7 In accordance with Decision of the EEA Joint Committee No 198/2016 , the Governors of the national central banks of Iceland and Norway, and as regards Liechtenstein, a high-level representative of the Ministry of Finance, as well as one high-level representative of the competent national supervisory authority of each of these European Free Trade Association (EFTA) Member States shall participate in meetings of the General Board without voting rights. A college member of the EFTA Surveillance Authority may participate in meetings of the General Board without voting rights, whenever relevant to its tasks.

‘1 The Chair of the ESRB shall draw up a preliminary agenda for an ordinary General Board meeting and submit it to the Steering Committee for consultation at least eight calendar days before the Steering Committee meeting together with the related documentation. Thereafter, the Chair shall submit the provisional agenda to the members of the General Board together with the related documentation at least 10 calendar days before the General Board meeting. When planning the work and preparing the meeting agendas of the General Board it shall be taken into account that those members who are participating pursuant to Article 4(7) may be asked not to participate in meetings of the General Board, where the situation of individual Union financial institutions or Member States is discussed.’;

‘2a After receiving the provisional agenda each member may, within three ECB working days, submit a request to the ESRB Secretariat for an agenda item to be discussed without the participation of those members who are participating pursuant to Article 4(7), where the situation of individual Union financial institutions or Member States is discussed. The identity of the requesting representative shall be kept anonymous.’;

‘2 The Steering Committee shall examine in advance items on the preliminary agenda for a General Board meeting together with the relevant documentation. The Steering Committee shall ensure the preparation of the dossiers for the General Board and, where appropriate, shall propose options or solutions. When planning the work and preparing the meeting agendas of the General Board, it shall be taken into account that those members who are participating pursuant to Article 4(7) may be asked not to participate on the General Board, where the situation of individual Union financial institutions or Member States is discussed. The Steering Committee shall report on an ongoing basis to the General Board on the development of the ESRB’s activities.’;

‘2a One representative of the national central banks of Iceland and Norway, and as regards Liechtenstein, one representative of the Ministry of Finance, as well as one representative of the competent national supervisory authority of each of these EFTA Member States shall participate on the Advisory Technical Committee.’;

‘7 The Chair of the Advisory Technical Committee shall propose an agenda at least 10 calendar days before the meeting, prepared in accordance with Article 13(3) of Regulation (EU) No 1092/2010, which shall be submitted to the Advisory Technical Committee for approval. Documents for agenda items shall be made available by the ESRB Secretariat to all members of the Advisory Technical Committee. When planning the work and preparing the meeting agendas of the Advisory Technical Committee it shall be taken into account that those representatives who are participating pursuant to Article 13(2a) may be asked not to participate in the work of the Advisory Technical Committee where the situation of individual Union financial institutions or Member States may be discussed. After receiving the meeting agenda each representative may, within three ECB working days, submit a request to the ESRB Secretariat for an agenda item to be discussed without the participation of those representatives who are participating pursuant to Article 13(2a), where the situation of individual Union financial institutions or Member States is discussed. The identity of the requesting representative shall be kept anonymous.’;

‘1 The ESRB’s legal instruments shall be adopted by the General Board and signed by the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’;

‘1a All ESRB legal instruments shall be numbered sequentially for ease of identification.’;

‘1b The ESRB Secretariat shall take steps to ensure: (a) the safe custody of the originals of the ESRB’s legal instruments; (b) the notification of the addressees; (c) where appropriate, the publication in all the official languages of the Union in the Official Journal of the European Union of the ESRB’s legal instruments whose publication has been expressly decided by the General Board.’

This Decision shall enter into force on 1 April 2017.