Art. 9 Exchange of information between college members | RTS on consultative supervisory colleges | MiCA

This article governs information exchange within the supervisory college, establishing both the obligations of college members to share information and the central role of EBA in receiving and redistributing it.

It also addresses a practical structural scenario where a single issuer offers multiple significant tokens, giving EBA the flexibility to organise separate colleges for each, while ensuring cross-college communication is maintained.

The article connects directly to Article 10 of this regulation, which deals with the entrustment of tasks, as the competent authority taking on those entrusted tasks is treated alongside EBA for the purposes of information flows throughout this article.

Important points:

College members are required to provide EBA with any information necessary to facilitate EBA's supervisory powers, upon request and without undue delay.
EBA receives all information exchanges between college members and may share that information with other members where it considers it relevant.
The transmission of confidential information between college members must be done by secure channels of communication.

1. Each member of a college shall provide, upon request and without undue delay, to EBA and, where applicable, to the competent authority entrusted with the tasks referred to in Article 119(7), points (b) to (e), of Regulation (EU) 2023/1114 in accordance with Article 10 of this Regulation, any information necessary in order to facilitate the exercise of the EBA’s supervisory powers under Article 117 of Regulation (EU) 2023/1114 and exchange information when required by that Regulation.
1. EBA and, where applicable, the competent authority entrusted with the tasks referred to in Article 119(7), points (b) to (e), of Regulation (EU) 2023/1114 in accordance with Article 10 of this Regulation shall receive all information exchanges between the members of the college.
1. EBA and, where applicable, the competent authority entrusted with the tasks referred to in Article 119(7), points (b) to (e), of Regulation (EU) 2023/1114 in accordance with Article 10 of this Regulation may decide to share the information referred to in paragraphs 1 and 2 with other members of the college where it deems that information to be relevant for those members.
1. Where an issuer offers more than one significant asset-referenced token or significant e-money token, EBA may decide to organise several colleges, one for each significant asset-referenced token or significant e-money token, or group of significant asset-referenced tokens or significant e-money tokens.
1. Where several colleges are organised pursuant to paragraph 4, the chair of each college shall keep all the members of its college fully informed, in a timely manner, on the actions taken or the measures carried out in the other colleges that deal with other significant asset-referenced tokens or significant e-money tokens of the same issuer.
1. The members of the college shall agree on the means for the exchange of information among them and shall specify such means in the written agreement referred to in Article 119(6) of Regulation (EU) 2023/1114.
1. The transmission of confidential information between the members of the college shall be done by secure channels of communication.