When, in the cases provided for in the eleventh paragraph of Article L. 612-39 and in the last paragraph of B of I of Article L. 612-40 where the Autorité de contrôle prudentiel et de résolution has proposed to the European Central Bank to withdraw the authorisation of a credit institution, the European Central Bank has decided not to withdraw the authorisation, the Autorité shall immediately inform the chairman of the Enforcement Committee of this decision and, in accordance with the procedures provided for in I of Article R. 612-9, the respondent institution.
Subject to the following provisions of this article, the Enforcement Committee shall deliberate again on the same matter under the conditions laid down in Articles R. 612-38 to R. 612-51.
In accordance with the procedure laid down in I of Article R. 612-9, the rapporteur shall specify to the institution the period of time it has, which may not be less than thirty clear days from receipt of the European Central Bank’s decision, to send its written observations on the matter to the chairman of the Enforcement Committee.
Members of the Enforcement Committee who acted as rapporteurs or participated as deliberating members in the previous examination of the merits of the case may not act as rapporteurs or participate in the committee’s deliberations during the new examination following the European Central Bank’s decision to refuse to withdraw authorisation.