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Article 8 - Independent operational risk management function

Article 8
Independent operational risk management function

1. Competent authorities shall assess the independence of the operational risk management function from the institution's business units by confirming at least the following:

((a))

that the operational risk management function undertakes the following tasks separately from the institution's business lines:(i)the design, development, implementation, maintenance and oversight of the operational risk management process and the operational risk measurement system;(ii)the analysis of the operational risk associated with the introduction and development of new products, markets, lines of business, processes, systems and significant changes to existing products;(iii)the oversight of business activities that may give rise to an operational risk exposure that could breach the institution's risk tolerance;

((i))

the design, development, implementation, maintenance and oversight of the operational risk management process and the operational risk measurement system;

((ii))

the analysis of the operational risk associated with the introduction and development of new products, markets, lines of business, processes, systems and significant changes to existing products;

((iii))

the oversight of business activities that may give rise to an operational risk exposure that could breach the institution's risk tolerance;

((b))

that the operational risk management function receives appropriate commitment by the management body and senior management and is of adequate stature within the organization for fulfilling its tasks;

((c))

that the operational risk management function is not also responsible for the internal audit function;

((d))

that the head of the operational risk management function meets at least the following requirements:(i)an appropriate level of experience to manage the actual and prospective operational risk, as indicated by the operational risk profile;(ii)regular communication with the management body and its committees as mandated by the risk management structure of the institution;(iii)active involvement in the elaboration of the institution's operational risk tolerance and strategy for its management and mitigation;(iv)independence from the operational units and functions reviewed by the operational risk management function;(v)allocation of a budget for the operational risk management function by the head of risk management referred to in the fourth subparagraph of Article 76(5) of Directive 2013/36/EU or a member of the management body in a supervisory capacity and not by a business unit or executive function.

((i))

an appropriate level of experience to manage the actual and prospective operational risk, as indicated by the operational risk profile;

((ii))

regular communication with the management body and its committees as mandated by the risk management structure of the institution;

((iii))

active involvement in the elaboration of the institution's operational risk tolerance and strategy for its management and mitigation;

((iv))

independence from the operational units and functions reviewed by the operational risk management function;

((v))

allocation of a budget for the operational risk management function by the head of risk management referred to in the fourth subparagraph of Article 76(5) of Directive 2013/36/EU or a member of the management body in a supervisory capacity and not by a business unit or executive function.

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