(6)

Article 45 is amended as follows: paragraph 4 is replaced by the following: ‘4. The Member States and EBA shall inform each other of instances in which the law of a third country does not permit the implementation of the policies and procedures required under paragraph 1. In such cases, coordinated actions may be taken to pursue a solution. In assessing which third countries do not permit the implementation of the policies and procedures required under paragraph 1, Member States and EBA shall take into account any legal constraints that may hinder the proper implementation of those policies and procedures, including secrecy, data protection and other constraints limiting the exchange of information that may be relevant for that purpose.’; paragraph 6 is replaced by the following: ‘6. EBA shall develop draft regulatory technical standards specifying the type of additional measures referred to in paragraph 5 and the minimum action to be taken by credit institutions and financial institutions where a third country’s law does not permit the implementation of the measures required under paragraphs 1 and 3. EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 26 December 2016.’; paragraph 10 is replaced by the following: ‘10. EBA shall develop draft regulatory technical standards on the criteria for determining the circumstances in which the appointment of a central contact point pursuant to paragraph 9 is appropriate, and what the functions of the central contact points should be. EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 26 June 2017.’;

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.