Article 1 › 6

‘6. Member States shall ensure that the internal control functions have direct access and can report directly to the management body in its supervisory function. To that end, the internal control functions shall be independent of the members of the management body in its management function and of senior management, and shall in particular be able to raise concerns and warn the management body in its supervisory function, where appropriate, or where specific risk developments affect or can affect the institution, without prejudice to the responsibilities of the management body pursuant to this Directive and Regulation (EU) No 575/2013. The heads of internal control functions shall be independent senior managers with distinct responsibility for the risk management, compliance and internal audit functions. Where the nature, scale and complexity of the activities of the institution do not justify appointing a specific person for the risk management function or the compliance function, another senior person that performs other tasks within the institution may fulfil the responsibilities for the compliance or risk management functions, provided that there is no conflict of interest and that the person responsible for the risk management function and the compliance function: (a) fulfils the suitability criteria and requirements of knowledge, skills and experience necessary for the different areas concerned; and (b) has sufficient time to perform both control functions correctly. The internal audit function shall not be combined with any other business line or control function of the institution. The heads of the internal control functions shall not be removed without prior approval of the management body in its supervisory function.’

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Source: EUR-Lex CELLAR · retrieved 2026-09-04