Article 118

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Bank Recovery and Resolution Directive (BRRD) > TITLE X > Article 118
Title:
Article 118
Description: 
Amendment to Directive 2002/47/EC
Main content: 
Directive 2002/47/EC is amended as follows:
 
(1) In Article 1, the following paragraph is added:
 
 
‘6. Articles 4 to 7 of this Directive shall not apply to any restriction on the enforcement of financial collateral arrangements or any restriction on the effect of a security financial collateral arrangement, any close out netting or set-off provision that is imposed by virtue of Title IV, Chapter V or VI of Directive 2014/59/EU of the European Parliament and of the Council (*), or to any such restriction that is imposed by virtue of similar powers in the law of a Member State to facilitate the orderly resolution of any entity referred to in points (c)(iv) and (d) of paragraph 2 which is subject to safeguards at least equivalent to those set out in Title IV, Chapter VII of Directive 2014/59/EU.

 

 

(*) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).’;

(2) Article 9a is replaced by the following:
 
‘Article 9a
 
Directives 2008/48/EC and 2014/59/EU
 
This Directive shall be without prejudice to Directives 2008/48/EC and 2014/59/EU.’.