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Could you please clarify the interaction between Recital 39 and the last sentence of Article 29 (2) of Directive 2014/59/EU (BRRD)?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2109 |
Topic: Early intervention |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Provision of IGFS under Article 23
Would a prohibition on the institution or the holding company receiving financial support under an IGFS agreement that does not meet the conditions in Article 23 of Directive 2014/59/EU (BRRD) be a satisfactory implementation of that Article?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2106 |
Topic: Intra-group financial support |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Authorisation to breach large exposures requirements in the context of IGFS
How do national legislators transpose Article 23 (1) (h) of Directive 2014/59/EU (BRRD) in accordance with the CRR and the CRD IV?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2105 |
Topic: Intra-group financial support |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Institution or entity in Article 19 (3) (a)
Can you please clarify if the provision Article 19 (3) (a) refers to the institution or to the entity?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2103 |
Topic: Intra-group financial support |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Intra-Group Financial Support to subsidiaries in third countries
In case participation in Intra-Group Financial Support agreements by ”subsidiaries in third countries” is already allowed in national law, does Article 19 (1) of Directive 2014/59/EU (BRRD) still have be explicitly implemented?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2102 |
Topic: Intra-group financial support |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Contents of group resolution plans
Are the contents of group resolution plans listed in Article 12 (3) of Directive 2014/59/EU (BRRD) to be considered in addition to the contents of solo resolution plans set out in Article 10 (7) of the same Directive?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2098 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Usage of Multiple Point of Entry (MPE) and Single Point of Entry (SPE) in resolution plans (scenarios)
Shall Should the suggested resolution plans assume both the possibility of usage of Multiple Point of Entry (MPE) and Single Point of Entry (SPE) strategies depending on different scenarios and causes of failure or should they clearly identify a preferred strategy and elaborate only on the different resolution tools within this strategy?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2016/1075 - DR on the content of recovery and resolution plans, financial support, independent valuers, contractual recognition of write down and conversion powers, notices of suspension and resolution colleges
ID: 2015_2096 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Group recovery plans with regard to non-EU subsidiaries
Does the requirement to draw up a group recovery plan as established in Article 7 (1) of Directive 2014/59/EU (BRRD) also cover non-EU subsidiaries?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2092 |
Topic: Recovery plans |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Joint control (by more than one Union parent undertaking) over a subsidiary
Into which group recovery plan a subsidiary which is jointly controlled by more than one Union parent undertaking should be included?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2091 |
Topic: Recovery plans |
Date of submission: 06/07/2015 |
Date of publication: 24/07/2015
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Interpretation of “group headed by the Union parent undertaking” in Article 7 (1)
Should “group headed by the Union parent undertaking” in Article 7 (1) of Directive 2014/59/EU (BRRD) be interpreted as the group subject to consolidated supervision pursuant to Articles 111 and 112 of Directive 2013/36/EU (CRD IV) headed by the Union parent undertaking?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2083 |
Topic: Recovery plans |
Date of submission: 30/06/2015 |
Date of publication: 24/07/2015
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Assessment of group recovery plans
Should group recovery plans be assessed in the same way as recovery plans in Article 6 of Directive 2014/59/EU (BRRD)? Is the reference to Article 7 (1) contained in Article 6 (1) correct?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2082 |
Topic: Recovery plans |
Date of submission: 30/06/2015 |
Date of publication: 24/07/2015
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Meaning of “where relevant” in Article 4
Could you please clarify the meaning of the wording “where relevant” in Articles 4 (3) (4) and (8) of Directive 2014/59/EU (BRRD)?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2079 |
Topic: Simplified obligations |
Date of submission: 30/06/2015 |
Date of publication: 24/07/2015
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EBA Guidelines to assess the impact of an institution's failure on financial markets, on other institutions and on funding conditions (Article 4 (5))
Shall Article 4 (5) of Directive 2014/59/EU (BRRD) be read in the light of Article 4 (1) the same Directive?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2078 |
Topic: Simplified obligations |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Designation of several authorities as resolution authority
Is it possible according to Article 3 (10) of Directive 2014/59/EU (BRRD) to make specified resolution authorities responsible for the resolution of particular groups or entities and/or to divide the responsibilities for certain stages of resolution amongst them?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2077 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Cooperation, collaboration and assistance of the competent authority to the resolution authority
How should those provisions of Directive 2014/59/EU (BRRD) (e.g Articles 6 (4); 10; 14; 17; 27 (2); and 32(1)) which entail that competent authorities need to cooperate, collaborate and assist with the resolution authority be reflected in national legislation in situations where both functions are carried out by the same entity?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2076 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Entity that formally is not a part of public administration as resolution authority
Is it possible under Directive 2014/59/EU (BRRD), in particular under Article 3 to designate as a resolution authority, an entity that is entitled to issue administrative decisions but formally is not a part of public administration?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2075 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Interpretation of the requirement of structural separation of the competent (supervisory) and resolution functions
In case both functions, supervisory as well as resolution authority, were to be held by the Central Bank, what is the level of structural separation needed?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2074 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Third country resolution proceedings
How do “Third country resolution proceedings” as defined in Article 2 (1) (88) affect a failing EU institution when these are applied to a failing third country parent?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2072 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Definition of branches of institutions that are established outside the Union
How should “branches of institutions that are established outside the Union […]” in Article 1 (1) (e) be interpreted?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2071 |
Topic: Other topics |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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Clarification to Recital 41
Do you agree that the word “not” is missing in Recital 41 and should be corrected? (“Resolution should be initiated when a competent authority, after consulting a resolution authority, determines that an institution is failing or likely to fail and alternative measures as specified in this Directive would not prevent such failure within a reasonable timeframe.”)
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2069 |
Topic: Resolution objectives and triggers |
Date of submission: 29/06/2015 |
Date of publication: 24/07/2015
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