alternative investment fund manager — a manager of alternative investment funds within the meaning of Article 4(1)(b), (l) and (ab) of Directive 2011/61/EU or an undertaking the registered office of which is in a third country and which would require authorisation under that Directive if its registered office were within the Union Article 2 — Amendments to Directive 2002/87/EC

asset management company — a management company within the meaning of Article 2(1)(b) of Directive 2009/65/EC or an undertaking the registered office of which is in a third country and which would require authorisation under that Directive if its registered office were within the Union Article 2 — Amendments to Directive 2002/87/EC

close links — a situation in which two or more natural or legal persons are linked by control or participation, or a situation in which two or more natural or legal persons are permanently linked to the same person by a control relationship Article 2 — Amendments to Directive 2002/87/EC

competent authorities — the national authorities of the Member States which are empowered by law or regulation to supervise credit institutions, insurance undertakings, reinsurance undertakings, investment firms, asset management companies or alternative investment fund managers whether on an individual or group-wide basis Article 2 — Amendments to Directive 2002/87/EC

consolidating supervisor — the competent authority responsible for the exercise of supervision on a consolidated basis of EU parent credit institutions and credit institutions controlled by EU parent financial holding companies or EU parent mixed financial holding companies Article 3 — Amendments to Directive 2006/48/EC

control — the relationship between a parent undertaking and a subsidiary undertaking as set out in Article 1 of Directive 83/349/EEC, or a similar relationship between a natural or legal person and an undertaking Article 2 — Amendments to Directive 2002/87/EC

credit institution — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

EU parent credit institution — a parent credit institution in a Member State which is not a subsidiary of another credit institution authorised in any Member State, or of a financial holding company or mixed financial holding company established in any Member State Article 3 — Amendments to Directive 2006/48/EC

EU parent financial holding company — a parent financial holding company in a Member State which is not a subsidiary of a credit institution authorised in any Member State or of another financial holding company or mixed financial holding company established in any Member State Article 3 — Amendments to Directive 2006/48/EC

EU parent mixed financial holding company — a parent mixed financial holding company in a Member State which is not a subsidiary of a credit institution authorised in any Member State or of another financial holding company or mixed financial holding company established in any Member State;’; (b) the following point is inserted: ‘(19a) Article 3 — Amendments to Directive 2006/48/EC

financial conglomerate — a group or subgroup, where a regulated entity is at the head of the group or subgroup, or where at least one of the subsidiaries in that group or subgroup is a regulated entity, and which meets the following conditions: (a) where there is a regulated entity at the head of the group or subgroup: (i) that entity is a parent undertaking of an entity in the financial sector, an entity which holds a participation in an entity in the financial sector, or an entity linked with an entity in the financial sector by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; (ii) at least one of the entities in the group or subgroup is within the insurance sector and at least one is within the banking or investment services sector; and (iii) the consolidated or aggregated activities of the entities in the group or subgroup within the insurance sector and of the entities within the banking and investment services sector are both significant within the meaning of Article 3(2) or (3) of this Directive; or (b) where there is no regulated entity at the head of the group or subgroup: (i) the group’s or subgroup’s activities occur mainly in the financial sector within the meaning… Article 2 — Amendments to Directive 2002/87/EC

financial sector — a sector composed of one or more of the following entities: (a) a credit institution, a financial institution or an ancillary services undertaking within the meaning of Article 4(1), (5) or (21) of Directive 2006/48/EC (hereinafter referred to collectively as “the banking sector”); (b) an insurance undertaking, a reinsurance undertaking or an insurance holding company within the meaning of Article 13(1), (2), (4) or (5) or of Article 212(1)(f) of Directive 2009/138/EC (hereinafter referred to collectively as “the insurance sector”); (c) an investment firm within the meaning of Article 3(1)(b) of Directive 2006/49/EC (hereinafter referred to collectively as “the investment services sector”) Article 2 — Amendments to Directive 2002/87/EC

group — a group of undertakings which consists of a parent undertaking, its subsidiaries and the entities in which the parent undertaking or its subsidiaries hold a participation, or undertakings linked to each other by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC, including any subgroup thereof Article 2 — Amendments to Directive 2002/87/EC

insurance holding company — a parent undertaking which is not a mixed financial holding company and the main business of which is to acquire and hold participations in subsidiary undertakings, where those subsidiary undertakings are exclusively or mainly insurance or reinsurance undertakings, or third-country insurance or reinsurance undertakings, at least one of such subsidiary undertakings being an insurance or reinsurance undertaking Article 4 — Amendments to Directive 2009/138/EC

insurance undertaking — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

intra-group transactions — all transactions by which regulated entities within a financial conglomerate rely directly or indirectly on other undertakings within the same group or on any natural or legal person linked to the undertakings within that group by close links, for the fulfilment of an obligation, whether or not contractual, and whether or not for payment Article 2 — Amendments to Directive 2002/87/EC

investment firm — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

mixed financial holding company — borrowed from another act; this instrument states no meaning of its own Article 1 — Amendments to Directive 98/78/EC

mixed financial holding company — a parent undertaking, other than a regulated entity, which, together with its subsidiaries — at least one of which is a regulated entity which has its registered office in the Union — and other entities, constitutes a financial conglomerate Article 2 — Amendments to Directive 2002/87/EC

mixed financial holding company — borrowed from another act; this instrument states no meaning of its own Article 3 — Amendments to Directive 2006/48/EC

mixed financial holding company — borrowed from another act; this instrument states no meaning of its own Article 4 — Amendments to Directive 2009/138/EC

mixed-activity insurance holding company — a parent undertaking, other than an insurance undertaking, a non-member-country insurance undertaking, a reinsurance undertaking, a non-member-country reinsurance undertaking, an insurance holding company or a mixed financial holding company, which includes at least one insurance undertaking or a reinsurance undertaking among its subsidiary undertakings;’; (b) the following point is added: ‘(m) Article 1 — Amendments to Directive 98/78/EC

mixed-activity insurance holding company — a parent undertaking other than an insurance undertaking, a third-country insurance undertaking, a reinsurance undertaking, a third-country reinsurance undertaking, an insurance holding company or a mixed financial holding company, which includes at least one insurance or reinsurance undertaking among its subsidiary undertakings Article 4 — Amendments to Directive 2009/138/EC

parent credit institution in a Member State — a credit institution which has a credit institution or a financial institution as a subsidiary or which holds a participation in such an institution, and which is not itself a subsidiary of another credit institution authorised in the same Member State, or of a financial holding company or mixed financial holding company established in the same Member State Article 3 — Amendments to Directive 2006/48/EC

parent financial holding company in a Member State — a financial holding company which is not itself a subsidiary of a credit institution authorised in the same Member State, or of a financial holding company or mixed financial holding company established in the same Member State Article 3 — Amendments to Directive 2006/48/EC

parent mixed financial holding company in a Member State — a mixed financial holding company which is not itself a subsidiary of a credit institution authorised in the same Member State, or of a financial holding company or mixed financial holding company established in the same Member State Article 3 — Amendments to Directive 2006/48/EC

parent undertaking — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

participation — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

regulated entity — a credit institution, an insurance undertaking, a reinsurance undertaking, an investment firm, an asset management company or an alternative investment fund manager Article 2 — Amendments to Directive 2002/87/EC

reinsurance undertaking — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC

relevant competent authorities — (a) Member States’ competent authorities responsible for the sectoral group-wide supervision of any of the regulated entities in a financial conglomerate, in particular of the ultimate parent undertaking of a sector; (b) the coordinator appointed in accordance with Article 10 if different from the authorities referred to in point (a); (c) where appropriate, other competent authorities relevant to the opinion of the authorities referred to in points (a) and (b) Article 2 — Amendments to Directive 2002/87/EC

risk concentration — all risk exposures with a loss potential which is large enough to threaten the solvency or the financial position in general of the regulated entities in a financial conglomerate, whether such exposures are caused by counterparty risk/credit risk, investment risk, insurance risk, market risk, other risks, or a combination or interaction of such risks. Until the entry into force of any regulatory technical standards adopted in accordance with Article 21a(1)(b), the opinion referred to in point (17)(c) shall, in particular, take into account the market share of the regulated entities of the financial conglomerate in other Member States, in particular if it exceeds 5 %, and the importance in the financial conglomerate of any regulated entity established in another Member State. (2) Article 3 is amended as follows: (a) paragraphs 1, 2 and 3 are replaced by the following: ‘1. For the purposes of determining whether the activities of a group mainly occur in the financial sector, within the meaning of Article 2(14)(b)(i), the ratio of the balance sheet total of the regulated and non-regulated financial sector entities in the group to the balance sheet total of the group as a whole should… Article 2 — Amendments to Directive 2002/87/EC

sectoral rules — Union legislation relating to the prudential supervision of regulated entities, in particular Directives 2004/39/EC, 2006/48/EC, 2006/49/EC and 2009/138/EC Article 2 — Amendments to Directive 2002/87/EC

subsidiary undertaking — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2002/87/EC