Article 16 Cooperation and mutual recognition


    1. For the purposes of conducting a TLPT in relation to a financial entity providing services in more than one Member State, including through a branch, its TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall:

      1. determine which TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; in host Member Statesmeans the host Member State in accordance with the Union sectoral law applicable to each financial entity; shall be involved, taking into account whether one or more critical or important functionsmeans a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law; are operated in, or shared across, host Member Statesmeans the host Member State in accordance with the Union sectoral law applicable to each financial entity;;

      2. inform the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; identified in accordance with point (a) of the decision to carry out a TLPT test on the financial entity;

      3. unless otherwise agreed by the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554;, the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entity shall lead the TLPT.

    2. The TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the host Member Statesmeans the host Member State in accordance with the Union sectoral law applicable to each financial entity; may, within 20 working days from the receipt of the information on a future conduct of a TLPT, either express their interest in following the TLPT as observers or assign a test manager to participate in the TLPT. The lead TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall provide all TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; acting as observers in TLPT with the scope specification document, the test summary report, remediation plan and attestation.

    3. The lead TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall coordinate all participating TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; throughout the test and adopt all the decisions necessary to carry out the TLPT appropriately and effectively. The lead TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; may set a maximum number of participating TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554;, where the efficient conduct of the TLPT might otherwise be compromised.

    1. Where a financial entity uses the same ICT intra-group service providermeans an undertaking that is part of a financial group and that provides predominantly ICT services to financial entities within the same group or to financial entities belonging to the same institutional protection scheme, including to their parent undertakings, subsidiaries, branches or other entities that are under common ownership or control; as financial entities established in other Member States, or belongs to a groupmeans a group as defined in Article 2, point (11), of Directive 2013/34/EU; and shares ICT systems with financial entities of the same groupmeans a group as defined in Article 2, point (11), of Directive 2013/34/EU; established in other Member States, the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entity shall contact the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the other financial entities using the same ICT intra-group service providermeans an undertaking that is part of a financial group and that provides predominantly ICT services to financial entities within the same group or to financial entities belonging to the same institutional protection scheme, including to their parent undertakings, subsidiaries, branches or other entities that are under common ownership or control; or sharing ICT systems as part of the groupmeans a group as defined in Article 2, point (11), of Directive 2013/34/EU; and assess with them the feasibility and suitability of conducting a joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems. in their respect. A joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems. shall be preferred to an individual TLPT where it may result in reduction of costs and resources for the financial entities and for the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554;, provided that the soundness and efficacy of the testing is not prejudiced.

    1. For the purposes of conducting a joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems.:

      1. the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities shall agree on which financial entity shall be designated to conduct the TLPT, considering the groupmeans a group as defined in Article 2, point (11), of Directive 2013/34/EU; structure and the efficiency of the test;

      2. the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entity designated in accordance with point (a) shall lead the TLPT, unless otherwise agreed by the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities participating in the joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems.;

      3. the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities other than the designated financial entity to lead the joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems. may either express their interest in following the TLPT as observers or assign a test manager for that TLPT.

    2. The lead TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall coordinate all TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; involved in the joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems. and adopt all the decisions necessary to carry out the joint TLPTmeans a TLPT, other than a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554, involving several financial entities using the same ICT intra-group service provider, or belonging to the same group and sharing ICT systems. in a sound and effective way.

    1. Where a financial entity intends to conduct a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554 possibly involving financial entities established in other Member States, its TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall contact the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the other financial entities and assess with them the feasibility and suitability of conducting a pooled TLPT in their respect in accordance with Article 26(4) of Regulation (EU) 2022/2554.

    1. For the purposes of conducting a pooled TLPT as referred to in Article 26(4) of Regulation (EU) 2022/2554:

      1. the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities shall agree on which financial entity shall be designated to conduct of the pooled TLPT, considering the ICT servicesmeans digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; provided by the ICT third-party service providermeans an undertaking providing ICT services; to the financial entities and the efficiency of the test;

      2. the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entity designated in accordance with point (a) shall lead the TLPT, unless otherwise agreed by the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities participating in the pooled TLPT;

      3. the TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; of the financial entities other than the designated financial entity to lead the pooled TLPT may either express their interest in following the TLPT as observers or assign a test manager to that TLPT.

    2. The lead TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall coordinate all TLPT authoritiesmeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; involved in the pooled TLPT and adopt all the decisions necessary to carry out the pooled TLPT in a sound and effective way.

    1. Where, in relation to a financial entity required to perform a TLPT, its TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; differs from its competent authority as referred to in Article 46 of Regulation (EU) 2022/2554, those authorities shall share any relevant information in respect of all TLPT-related matters for the purposes of carrying out the TLPT or to carry out their duties in accordance with that Regulation.

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