I. – The Autorité de contrôle prudentiel et de résolution may ask the authority responsible for the supervision of a group on a consolidated basis or the competent authorities within the meaning of Articles L. 511-21 or L. 532-16 that the branch established in France of a class 1a credit institution or investment firm referred to in Articles L. 511-22 or L. 532-18-1 respectively be considered to be of significant importance. If no decision is taken within the allotted time, the Autorité de contrôle prudentiel et de résolution will make its own decision.
II. – When the Autorité de contrôle prudentiel et de résolution, in its capacity as the competent authority of the home Member State, receives a reasoned request from the competent authorities of a host Member State that a branch of a Class 1a credit institution or investment firm referred to in Articles L. 511-27 or L. 532-23 be considered as material in that State, it shall consult with the competent authority of that State with a view to reaching a joint decision on the materiality of the branch.
When the Autorité de contrôle prudentiel et de résolution receives a reasoned request from the competent authorities of a host Member State, in its capacity as consolidated supervisor, that a branch of a Class 1a credit institution or investment firm referred to in Articles L. 511-27 or L. 532-23 be considered to be material in that State, it shall consult with the competent authority of that State and the competent authority of the home Member State with a view to reaching a joint decision on the materiality of the branch.
III. – When a class 1 bis credit institution or investment firm subject to the supervision of the Autorité de contrôle prudentiel et de résolution has established a branch of significant importance in another Member State of the European Union or party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution :
1° Communicate to the competent authorities of the host Member State the essential and relevant information referred to in Article L. 613-21-1 as well as the conclusions of the assessments it has carried out in accordance with Article L. 511-41-1 C and, where applicable, the decisions taken on the basis of Articles L. 511-41-3, L. 612-32, L. 612-33 and L. 613-20-4 ;
2° Performs the tasks provided for in Article L. 613-20-1 , II, 2.
When the Autorité de contrôle prudentiel et de résolution, in its capacity as the authority responsible for supervising a class 1 bis credit institution or investment firm with significant branches, becomes aware of a situation referred to in Article L. 613-20-5, it shall immediately alert the persons referred to in that Article and the Director General of the Treasury.
IV. – Where Section 1 of this chapter does not apply, the Autorité de contrôle prudentiel et de résolution may, in its capacity as supervisor of a class 1a credit institution or investment firm with significant branches, establish and chair a college of supervisors.
V. – (Repealed)
VI. – A decree of the Conseil d’Etat shall determine the conditions for application of this article, in particular the criteria for assessing whether a branch is material and the procedures to be followed with the relevant authorities of the other Member States of the European Union or parties to the Agreement on the European Economic Area and the European Banking Authority.