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Scheme of activities and cross-border cooperation Financial regulators Wft

Original Language Title: Regeling taakuitoefening en grensoverschrijdende samenwerking financiƫle toezichthouders Wft

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Regulation of the Minister of Finance of 17 December 2012, attribute: FM 2012/1882 M, laying down rules on cooperation and provision of information within the European Financial Supervision System and with the associated system bodies or the European Commission (Arrangements Cross-border Cooperation Financial Regulators)

The Minister of Finance,

Having regard to Article 1:69, third member, of the Financial Supervision Act ;

Decision:


Article 1

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For the purposes of this arrangement:

  • Regulation 1093/2010: Regulation (EU) Decision No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No No 716 /2009/EC and repealing Commission Decision 2009 /78/EC (PbEU 2010, L 331);

  • Regulation 1094/2010: Regulation (EU) 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No No 716 /2009/EC and repealing Commission Decision 2009 /79/EC (PbEU 2010, L 331);

  • Law: Law on financial supervision .


Article 1a

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The Netherlands Bank shall, in the performance of its task under the law, comply with the directives set out in the following table.

Relevant Directive provisions:

Short description:

Table 1a. Exercise of tasks Nederlandsche Bank
Banks Directive on deposit-guarantee schemes:

Art. 4, 10th and 11th member

Periodic stress test implementation of deposit guarantee scheme and protection using information

Art. 19, second paragraph

Provision of information to depositors in respect of deposits no longer guaranteed by the deposit guarantee scheme

Banks and investment firms Directive on capital requirements

Art. 29, second and fourth members

Allow an investment firm to execute orders on financial instruments to keep these instruments for their own account.

Art. 68, third member

Minimum period of publication of information on administrative sanctions on website

Art. 71, first and second members

Reporting of infringements

Art. 77, first to third members

Promoting use of internal rating approach

Art. 99

Monitoring programme by the regulator

Art. 101, second and fifth members, last subparagraph

Continuous review of the authorisation to adopt internal approaches

Art. 103, 1st Member

Application of supervisory measures to banks and investment firms with comparable risk profiles

Art. 104, third member

Appropriate level of own funds investigation

Art. 105

Specific liquidity requirements

Art. 109, third member

Rules for implementing rules on internal management and governance on subsidiaries with registered offices in third countries

Art. 110, 1st Member

Application of the review and evaluation process and surveillance measures

Art. 112, first and third members

Coordination in the exercise of consolidated supervision

Art. 127, second paragraph, second paragraph, and third member

Assessment and application of equivalent supervision on a consolidated basis

Art. 133, sixteenth and eighteenth member

Announcement of system risk buffer and height of that buffer

Art. 137, second paragraph

Contract's contracyclic buffer rate

Art. 143, first and second members

General disclosure of general information by supervisors

Art. 144

Disclosure of specific information by supervisors

Directive Recovery and resolution of banks and investment firms:

Art. 3, fourth member

General cooperation obligation for the purposes of settlement

Art. 3, seventh member

Taking into account possible consequences of decisions in other Member States where the entity is active

Art. 6, 4th Member

Consultation of resolution authority on recovery plan

Art. 11, second paragraph

Provision of information for the preparation and implementation of resolution plans

Art. 14, first and second members

Transmission (group) settlement plans to supervisors

Art. 17, seventh member

Consultation monitor and take into account the impact of the alternative measure on removing material barriers to settlement

Art. 22

Consent approved agreements for financial support within the group

Art. 27, second paragraph

Notification of the power to take early intervention for the purposes of a particular infringement or a rapidly deteriorating financial situation

Art. 34, first, second, fifth and sixth members

General principles relating to settlement

Art. 45, fifteenth member

Consult with supervisory authority on requirements for and verification of MREL and decision making in accordance with procedures for the preparation and maintenance of settlement plans

Art. 47, third member

In the case of bail-in and AFOMKI account shall be taken of valuation, the amount to be written off or converted and the estimate of the total amount of bail-in

Art. 51

Prepare and execute business planning plan for bail-in for the purpose of recapitalisation.

Art. 54, second paragraph

Assessment of whether it is appropriate for the institution to remove procedural obstacles to bail and if the resolution plan provides for bail-in, or bail-in, can actually be applied

Art. 59, 8th and ninth member

Knowledge-setting and consultation requirements on viability setting

Art. 62, first to seventh Member

Procedure for establishing viability setting

Art. 62, ninth member

Implementation of the decision to write down or convert capital instruments

Art. 67, second paragraph

Do not transfer, convert or other measure relating to assets in third countries, where there is no doubt as to the possibility of implementing them

Art. 69, fifth member

Taking into account the impact of financial markets on suspension obligations in resolution

Art. 70, third member

Limitations exercise collateral rights consistently imposed on group entities in settlement

Art. 70, fourth member

Taking into account the impact of financial markets on the imposition of restrictions on the exercise of collateral

Art. 71, sixth Member

Taking into account the impact of financial markets on temporary suspension of termination rights

Art. 81, third and fourth members

Confidential notice that institution fails or is likely to fail and that this will not be reasonably avoided by private measures

Art. 82, second paragraph

Requirements for decision to take resolution

Art. 83

Procedural requirements after taking settlement measures

Art. 84, fifth paragraph, part c

Exchange of information for national supervisors and authorities

Art. 87

Eight principles of group decision-making in group development

Art. 91, second paragraph

Assessment of likely impact of resolution measures on the group and its entities in other Member States

Art. 112, third member

Publication of information on penalties imposed on website

Financial conglomerates Directive on financial conglomerates

Art. 3, ninth member

Assessing exemptions and evaluation indicators and risk assessments

Art. 11, fourth paragraph, second subparagraph

Draft coordination arrangements and participation in college

Undertakings for collective investment in transferable securities Undertakings Directive for collective investment in transferable securities:

Art. 99ter, fourth member

Publication of information on penalties imposed on website

Insurers Directive Solvency II

Art. 4, fourth member

Exception constraint review

Art. 28

Effects on the stability of financial systems in the EU

Art. 31, second paragraph

Publication of general supervisory information

Art. 36

Monitoring process

Art. 231, second member

Assessment request for an internal model of a group

Art. 237, tweed member

Application for evaluation application special regime for a group of concentrated risk management


Article 1b

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The Authority shall, in the performance of its task under the law, take account of the directives referred to in the table below.

Relevant Directive provisions:

Short description:

Table 1b. Task Performance Authority Financial Markets
Banks and investment firms Directive Recovery and resolution of banks and investment firms:

Art. 3, fourth member

General cooperation obligation for the purposes of settlement

Art. 3, seventh member

Taking into account possible consequences of decisions in other Member States where the entity is active

Art. 6, 4th Member

Recovery plan review by the resolution authority

Art. 11, second paragraph

Information for the preparation and implementation of resolution plans

Art. 27, second paragraph

Notification of the power to take early intervention for the purposes of a particular infringement or a rapidly deteriorating financial situation

Art. 59, 8th and ninth member

Knowledge-setting and consultation requirements on viability setting

Art. 81, third and fourth members

Confidential notice that institution fails or is likely to fail and that this will not be reasonably avoided by private measures

Art. 87

Eight principles of group decision-making in group development

Art. 112, third member

Publication of information on penalties imposed on website

Undertakings for collective investment in transferable securities Undertakings Directive for collective investment in transferable securities:

Art. 99ter, fourth member

Publication of information on penalties imposed on website


Article 2

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The Netherlands Bank and the Authority shall take part in the performance of their tasks on the basis of the Law the guidelines for cooperation and the provision of information set out in the table below.

Relevant Directive provisions:

Short description:

Table 2. Cross-border cooperation and information provision
Banks Directive on deposit-guarantee schemes:

Art. 10, 10th Member

Information to EBA on guaranteed deposits and the financial resources in the deposit guarantee fund held under the Dutch deposit guarantee scheme

Art. 14, second paragraph

Obligations in the framework of cooperation with other deposit-guarantee schemes

Art. 14, fourth member

Information exchange on deposit-guarantee schemes

Art. 17, first paragraph

Information to EBA in the context of the authorisation of the deposit guarantee scheme applicable to a bank

Banks and investment firms Directive on capital requirements

Art. 20, first, third and fifth members

Information on the governance, granting and withdrawal of a licence (banks)

Art. 37

Information on refusal of opening branch and of modification of work (banks)

Art. 41, second paragraph

Request for assistance EBA (banks)

Art. 43, fifth paragraph

Information on precautionary measures and requests for assistance EBA (banks)

Art. 47, second paragraph

Information on licensing branches of third party banks

Art. 50, second to fifth members

General cooperation and information exchange obligation on liquidity and request assistance EBA

Art. 52, third member

Information exchange on checks on branches

Art. 57, fifth member

Information to EBA on information exchange

Art. 69, first to third members

Information exchange on penalties

Art. 75, first and third members

Information on remuneration policies

Art. 103, second member

Information to EBA on the application of supervisory measures to banks and investment firms with comparable risk profiles

Art. 107, first paragraph

Information to EBA on reviews and evaluations by supervisors

Art. 111, sixth Member

Inform the Commission and EBA of supervisors of supervisors

Art. 113, first to fourth paragraphs

Coordination of decision-making by national supervisors in group supervision

Art. 114, 2nd Member

Information on emergency situations to supervisors other Member States

Art. 120, third member

Information on the application of provisions of this Directive to a mixed financial holding company

Art. 125, third member

Compilation lists of holding companies for supervisors other Member States, Commission and EBA

Art. 131, seventh member

Information about system relevance buffers

Art. 133, eleventh to fourteenth member

Information exchange and determination of the system risk buffer rate

Directive Recovery and resolution of banks and investment firms:

Art. 4, seventh member

Information to EBA on application rules on recovery and resolution plans

Art. 7, third member

Group Recovery Plan Information

Art. 11, second paragraph

Information for the preparation and implementation of resolution plans

Art. 14, first and second members

Settlementation (group) resolution plans

Art. 22

Consent approved agreements for financial support within the group

Art. 25, third member

Approval, prohibition or restriction of financial support

Art. 25, fourth member

Raise objections to EBA regarding forbidding or restricting financial support

Art. 25, sixth paragraph, second sentence

Notification granting financial support

Art. 25, seventh member

Request to consolidate supervisory authority to reassess group development plan or revised recovery plan

Art. 30, first to fifth and seventh members

Coordination early intervention measures and appointment of a temporary trustee in respect of groups

Art. 35, seventh member

Consider establishing one special driver for a group

Art. 44, 12th member

Notification of the European Commission on the exclusion of certain liabilities from bail-in

Art. 45, 16th Member

Notification to EBA of MREL requirements for all entities

Art. 59, 8th and ninth member

Knowledge-setting and consultation requirements on viability setting

Art. 62, first and eighth member

Notification of recital establishing and joint decision-making on viability

Art. 81, third and fourth members

Confidential notice that institution fails or is likely to fail and that this will not be reasonably avoided by private measures

Art. 83, first to third members

Procedural requirements after taking settlement measures

Art. 87

Eight principles of group decision-making in group development

Art. 88, first to third, fifth and sixth Member States

Establishment of, participation in and preseated of settlement privileges

Art. 89

Establishment and operation of European resolution interpreters

Art. 91, first, seventh and ninth to thirteenth member

Decision-making and procedures in group development involving a subsidiary of the group

Art. 92, with the exception of the fourth member

Group-development decision-making and procedures

Art. 113, 1st Member

Notification to EBA of any penalties imposed as provided for in Article 111 of the Directive and the status of any appeals and results thereof

Investment vehicles Directive managers of alternative investment vehicles:

Art. 24, fifth paragraph

Information on control system risk

Art. 25

Information on leveraged finance

Art. 38, 6th paragraph

Information on compliance guidelines and recommendations ESMA

Art. 45, fourth to ninth members

Administrator compliance information information

Art. 46, third member

Information on non-compliance rules by Admin third country

Art. 48, third member

Information on penalties imposed

Art. 50, 1st Member

General cooperation obligation

Art. 50, fourth and fifth members

Information on cooperation arrangements

Art. 52

Information exchange with third countries

Art. 53

Information exchange on potential system implications of the activities of administrators

Art. 54, first, second and third members

On-the-spot verification and inspection

Art. 67, third member

Information for advice to ESMA for third-country policies

Investment firms and regulated markets Directive Markets for Financial Instruments:

Art. 5, third member

Information on the authorisation of the authorisation

Art. 8, seventh paragraph

Information on revocation of a licence

Art. 15, 1st Member

Information on difficulties in a third country

Art. 15, 4th Member

Information on difficulties in a third country

Art. 27, second paragraph

Information on share class classification

Art. 31, second paragraph, fourth subparagraph

Disclosure of information at the request of ESMA

Art. 36, 6th paragraph

Information on the withdrawal of a licence

Art. 41, second paragraph

Information on suspension of trade

Art. 47

Information on (changes to) a list of regulated markets

Art. 42, sixth Member

Disclosure of information at the request of ESMA

Art. 48, second paragraph, third subparagraph

Information on (task) delegation scheme or cooperation agreement

Art. 51, fourth and fifth members

Information on administrative measure or sanction imposed

Art. 53, third member

Information on available complaints and appeals

Art. 56, fourth member

Information on irregularities detected

Art. 57, fifth member

General information exchange obligation

Art. 59, fifth paragraph

Information on problems cooperation, including refusal to provide information by a supervisory authority in another Member State

Art. 62, first, second and third paragraphs, parts a

Information on administrative measure or sanction imposed

Art. 62bis

General cooperation and information exchange obligation

Securities markets Market Abuse Directive:

Art. 6, fifth paragraph

Information on handling sensitive information

Art. 14, fifth paragraph

Information on an affected administrative measure or a penalty

Art. 15 bis

General cooperation and information exchange obligation

Issuers of securities Directive Prospectus:

Art. 13, second paragraph

Information on approval prospectus

Art. 13, fifth paragraph

Information on delegation approval prospectus

Art. 14, first paragraph

Making available of prospectus

Art. 17, first paragraph

Validity of prospectus

Art. 17, second paragraph

Communication on required new information

Art. 18, third member

Information and publication of certificates of approval

Art. 21, first paragraph (a) and (b)

General cooperation and information exchange obligation

Art. 21, second paragraph, third subparagraph

Information on delegation scheme

Art. 21, 4th Member

Participation inspections on the ground

Art. 22, third member

General information exchange obligation

Art. 23

Information on irregularities detected and measures taken

Transparency Directive:

Art. 23, first paragraph, final sentence

Information on modification of the authorisation

Art. 24, third member

Information on (task) delegation scheme

Article 25 (2), second subparagraph, second subparagraph, second subparagraph, second subparagraph, second subparagraph

General cooperation and information exchange obligation

Art. 25, third member

General information exchange obligation

Art. 25, fourth member

Information on cooperation agreement

Art. 26

Information on irregularities detected and measures taken

Financial conglomerates Directive on financial conglomerates:

Art. 4, first paragraph

Information on brands group as a financial conglomerate

Art. 4, second paragraph

Information on brands group as a financial conglomerate

Art. 10, 1st Member

Information on designated coordinator

Art. 11, fourth paragraph, first subparagraph

Cooperation through colleges

Art. 12, first and second members

General cooperation and information exchange obligation

Art. 12a

General cooperation and information exchange obligation

Art. 14, first paragraph

General cooperation and information exchange obligation

Art. 18, 1st Member

Taking account of guidelines

Art. 18, third member

Information on supervision of financial conglomerate

Undertakings for collective investment in transferable securities Undertakings Directive for collective investment in transferable securities:

Art. 6, first paragraph

Information on the authorisation of the authorisation

Art. 9, second paragraph

Information on difficulties in a third country

Art. 21, fifth paragraph, part a

Information on problems cooperation, including refusal to provide information by a supervisory authority in another Member State

Art. 21, seventh member

Information on administrative measure or sanction imposed

Art. 21, ninth member

Information on refusal of authorisation

Art. 32, 6th paragraph

Information on the granting of a derogation

Art. 51, 1st Member

General information exchange obligation

Art. 52, fourth paragraph, third subparagraph

Information on information on a list of specific bonds and categories of issuers empowered to issue these bonds

Art. 99ter, second member

Information exchange on penalties imposed which have not been disclosed

Art. 99c, second member

Cooperation and coordination in the exercise of sanctioning powers

Art. 99sexies, first and second members

Provision of aggregated information on penalties and measures imposed

Art. 101, 1st Member

General cooperation and information exchange obligation

Art. 101, second paragraph, part a

General information exchange obligation

Art. 102, second and fifth members

General cooperation and information exchange obligation

Art. 103, third and seventh member

Information on designated authorities

Art. 108, fifth paragraph, second subparagraph

Information on administrative measure or sanction imposed

Insurers Directive Solvency II

Art. 25a

Notification of authorisations granted and withdrawn

Art. 26

Cooperation with the supervisory authorities of other Member States

Art. 30, third member

Notification to Member State of origin

Art. 38, second paragraph

Notification to Member State of origin

Art. 52, 1st Member

Information to EIOPA on capital storage factors

Art. 60

Cooperation on proposed acquisition by financial undertaking

Art. 65 bis

Cooperation with EIOPA

Art. 71, second paragraph

Supervisory convergence

Art. 77 septies, first paragraph, second subparagraph

Information to EIOPA on the application of a number of provisions

Art. 138, fourth paragraph, fourth subparagraph, and fifth paragraph

Cooperation in the exercise of solvency supervision

Art. 139, third member

Cooperation in the exercise of solvency supervision

Art. 144, second paragraph

Cooperation in the revocation of a licence

Art. 146, first and third members

Information provision relating to the establishment of a branch

Art. 148, first paragraph

Provision of information relating to the provision of services

Art. 155, second, third and ninth member

Information on measures taken by a host Member State

Art. 158, first and second members

Cooperation in the supervision of reinsurers

Art. 159, third paragraph

Statistical information on cross-border activities

Art. 167, third member

Cooperation in the supervision of insurers with authorisations in several Member States

Art. 170

Notification on withdrawal of authorisation

Art. 176

Information on the authorisation of a parent undertaking in a third country

Art. 177, first paragraph

Notification of difficulties encountered by insurers in a third country

Art. 195

Exchange of information

Art. 196

Cooperation on Community co-insurance

Art. 206, second paragraph, third subparagraph

Information on disease tables and other statistical information

Art. 213, third, fourth and sixth members

Information relating to the directives to be applied to a mixed financial holding company

Art. 214, second member

Reconciliation in the context of the group supervision

Art. 215, second paragraph

Reconciliation in the context of the group supervision

Art. 216, first paragraph and fourth paragraph, third subparagraph

Notification of ultimate parent undertaking at national level

Art. 217, first paragraph, third subparagraph

Notification of parent undertaking covering several Member States

Art. 218, fifth paragraph

Reconciliation in the context of the group supervision

Art. 219, 1st Member

Reconciliation in the context of the group supervision

Art. 220, second paragraph

Reconciliation in the context of the group supervision

Art. 221, second paragraph

Reconciliation in the context of the group supervision

Art. 227, second paragraph, second subparagraph

Verification of equivalence of the solvency regime of a third country

Art. 231, first paragraph, sixth paragraph, second and third paragraphs, and seventh paragraph, third subparagraph

Notice on internal model application of a group

Art. 237, first paragraph, and sixth paragraph, third subparagraph

Notice on application special regime for a group of concentrated risk management

Art. 238, second, third and fourth members

Cooperation related to application special regime for a group of concentrated risk management

Art. 239, first, second and third members

Measures to be taken with regard to a group of concentrated risk management

Art. 240, 1st Member

Reconciliation in the context of the group supervision

Art. 244, second and third paragraphs

Reconciliation in the context of the group supervision

Art. 245, second and third members

Reconciliation in the context of the group supervision

Art. 248, first and fourth members

Reconciliation in the context of the group supervision

Art. 249, first and second members

Information exchange in the context of the group supervision

artt. 250 to 252

Cooperation in the context of group supervision

Art. 258, first and second member

Enforcement measures in the framework of group supervision

Art. 260, 1st Member

Verification of equivalence of supervision in a third country

Art. 261, second paragraph

Cooperation with the supervisory authorities of third countries

Art. 270

Notification of remediation measures

Art. 273, third member

Notification of a winding-up procedure

Art. 284, second paragraph

Information on a winding-up procedure

Art. 298, second member

Cooperation between the Member States and the European Commission

Art. 308 ter, fourth member

Publication list of insurers to which certain transitional measures apply


Article 3

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The provisions of Article 19, first paragraph, of Regulation 1093/2010 -Article 19 (1), second paragraph, of Regulation 1094/2010 and Article 19, first paragraph, of Regulation 1095/2010 The procedure for the settlement of disagreements between competent authorities in cross-border situations shall apply in the cases specified in the directives referred to in the table below.

Relevant Directive provisions:

Shall disagreements on:

Table 3. Settlement of disagreements between competent authorities in cross-border situations
Banks and investment firms Directive on capital requirements:

Art. 112, second paragraph, first subparagraph

Matters relating to the exercise of consolidated supervision

Art. 117, second paragraph, first subparagraph

Matters relating to mutual cross-border cooperation

Investment vehicles Directive managers of alternative investment vehicles:

Art. 45, Tenth Member

Submit to ESMA of dispute between supervisors on supervisory measures

Art. 55

Cooperation and coordination within the meaning of the Directive

Investment firms and regulated markets Directive Markets for Financial Instruments:

Art. 58a

Late payment or rejection of a request addressed to a supervisory authority of another Member State

Art. 62, first, second and third members, parts b

Insufficient cooperation or implementation of tasks by a supervisory authority of another Member State

Securities markets Market Abuse Directive:

Art. 16, second paragraph, fourth subparagraph

Late payment or rejection of an information request by a supervisory authority of another Member State

Art. 16, fourth paragraph, fifth subparagraph

Late payment or rejection of a request for a review addressed to a regulatory body in another Member State

Issuers of securities Directive Prospectus:

Art. 22, second paragraph

Late payment or rejection of an information request by a supervisory authority of another Member State

Transparency Directive:

Art. 25, second paragraph

Late payment or rejection of a request addressed to a supervisory authority of another Member State

Financial conglomerates Directive on financial conglomerates:

Art. 18, first paragraph

Assessment of a supervisory authority of another Member State with regard to the equivalence of supervisory powers in third countries

Undertakings for collective investment in transferable securities Undertakings Directive for collective investment in transferable securities:

Art. 21, fifth paragraph, part b

Insufficient cooperation or implementation of tasks by a supervisory authority of another Member State

Art. 101, eighth paragraph, parts a, b and c

Late payment or rejection of a request addressed to a supervisory authority of another Member State

Art. 108, fifth paragraph, point (b)

Insufficient cooperation or implementation of tasks by a supervisory authority of another Member State

Insurers Directive Solvency II

Art. 33, third paragraph

Verifications of branches established in another Member State

Art. 38, second paragraph, third subparagraph

Verifications to service providers to which functions or activities have been subcontracted

Art. 155, third paragraph, second subparagraph

Infringements of the legal provisions of the host Member State

Article 158, second paragraph, second subparagraph

Infringements of the legal provisions of the host Member State

Art. 227, second paragraph, third subparagraph

Equivalence of the solvency regime of a third country

Art. 231, third member

Application for the application of an internal model of a group

Art. 237, third member

Application for application special regime for a group of concentrated risk management

Art. 238, fifth Member

Monitoring of a group with concentrated risk management

Art. 239, fourth member

Recovery measures from subsidiaries

Art. 247, fourth Member

Group supervisor designation

Art. 248, second paragraph, third subparagraph

Exercise group supervision

Art. 248, fourth paragraph, second subparagraph

Coordination arrangements regarding exercise group supervision

Art. 249, paragraph 1a

Cooperation and exchange of information in the context of group supervision

Art. 255, second paragraph, fourth subparagraph

Group supervision verifications

Art. 260, first paragraph, fourth subparagraph

Equivalence of the supervision of a third country


Article 4

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A change of the in Articles 1a , 1b , 2 and 3 the said Directive shall apply to the application of this scheme as from the day on which the amendment in question must be carried out at the latest.


Article 5

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This arrangement shall be based on the Articles 4 (4) , 1:25, 4th member , 1:51e and 1:65, 6th member, of the law .


Article 6

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This arrangement shall enter into force from 1 January 2013.


Article 7

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This arrangement is cited as: Scheme for the performance of duties and cross-border cooperation Financial Supervisors Wft.

This arrangement will be set out in the Official Journal.

The

Minister

of Finance,

J.R.V.A. Dijsselbloem