2015_2093 Clarification on Article 8 (6) of Regulation (EU) 806/2014 (SRM)

Question ID:

2015_2093

Legal Act:

Directive 2014/59/EU (BRRD)

Topic:

Resolution plans

Article:

Paragraph:

COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:

Not applicable

Article/Paragraph:

n.a.

Disclose name of institution / entity:

Type of submitter:

Competent authority

Subject Matter:

Clarification on Article 8 (6) of Regulation (EU) 806/2014 (SRM)

Question:

Should the reference to paragraph 9 in Article 8(6) of Regulation (EU) 806/2014 (SRM) be understood as limited to the summary of the key elements of the resolution plan?

Background on the question:

According to Article 10(1) of Directive 2014/59/EU (BRRD) "information referred to paragraph 7(a) shall be disclosed to the institution concerned" (Article 10(7) (a) of Directive 2014/59/EU (BRRD) states: "a summary of the key elements of the [resolution] plan"). According to Article 8(6) of Regulation (EU) 806/2014 (SRM) "the information referred to in paragraph 9 shall be disclosed to the entity concerned".

Can you confirm that the reference in Article 8(6) of Regulation (EU) 806/2014 (SRM) shall be "Paragraph 9(a) of Regulation (EU) 806/2014 (SRM)"?

Date of submission:

06/07/2015

Final Answer:

Since Article 8(6) of Regulation (EU) 806/2014 (SRM) replicates Article 10(1) of Directive 2014/59/EU (BRRD), "the information referred to in paragraph 9 shall be disclosed to the entity concerned" of Article 8(6) of Regulation (EU) 806/2014 (SRM) should be understood as limited to the summary of the key elements of the resolution plan. However, when performing resolvability assessment additional information may need to be disclosed in the notification to the institution considering Article 17(1) or (4) of Directive 2014/59/EU (BRRD).

Disclaimer:

This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Status: