1. In accordance with Article 4 of Decision (EU) 2017/933 (ECB/2016/40), the Governing Council hereby delegates to the heads of work units, nominated by the Executive Board in accordance with Article 5 of that Decision, the power to adopt decisions taken in exercise of supervisory powers granted pursuant to Union law in respect of mergers, divisions and acquisitions of material holdings.
2. The decisions referred to in paragraph 1 shall be adopted by means of a delegated decision if the relevant criteria for the adoption of delegated decisions set out in Articles 4, 5 and 6 are fulfilled.
3. The decisions referred to in paragraph 1 shall not be adopted by means of a delegated decision if the complexity of the assessment or sensitivity of the matter requires that they are adopted under the non-objection procedure.
4. Heads of work units shall submit a decision referred to in paragraph 1 and that fulfils the criteria for the adoption of delegated decisions set out in Articles 4 to 6 to the Supervisory Board and the Governing Council for adoption under the non-objection procedure if the supervisory assessment of that decision has a direct impact on the supervisory assessment of another decision which is to be adopted under the non-objection procedure.
5. Negative decisions shall not be adopted by means of a delegated decision.
6. Where a decision may not be adopted by means of a delegated decision, it shall be adopted in accordance with the non-objection procedure.