I. – Supplementary supervision at the level of a conglomerate applies to regulated entities which meet one of the following criteria:
1° It constitutes the head of the conglomerate ;
2° Its parent undertaking is a mixed financial holding company which has its registered office in a Member State or in another State party to the Agreement on the European Economic Area;
3° It is linked, within the meaning of I of Article L. 517-3, to another entity in the financial sector.
II. – In cases other than those mentioned in I and in Article L. 633-14, where persons hold a participation in one or more regulated entities, or have a participation link with these entities or exercise a significant influence over them which is not the result of a participation or a participation link, the competent authorities concerned shall determine, by mutual agreement, in the light of the objectives of the supplementary supervision, whether, and to what extent, supplementary supervision of the regulated entities included in this grouping must be carried out as if it constituted a financial conglomerate.
In order to apply this supplementary supervision, the conditions set out in 2° and 3° of II of Article L. 517-3 must be met.