Question ID:
2015_2098
Legal Act:
Directive 2014/59/EU (BRRD)
Topic:
Resolution plans
Article:
12
Paragraph:
3
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Not applicable
Article/Paragraph:
N/A
Disclose name of institution / entity:
No
Type of submitter:
Competent authority
Subject Matter:
Contents of group resolution plans
Question:

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?

Background on the question:

Can you please clarify whether the contents of group resolution plans listed in Article 12 (3) of Directive 2014/59/EU (BRRD) are in addition to the contents of solo resolution plans set out in Article 10 (7) of Directive 2014/59/EU (BRRD) (i.e. group plans must also contain the same contents as solo plans)?

Date of submission:
06/07/2015
Published as Final Q&A:
24/07/2015
Final Answer:

Article 12 (3) of Directive 2014/59/EU (BRRD) includes the information from the group perspective and Article 10(7) the information from the individual institution. The answer to this question can be found in Article 22 of DR 2016/1075, on the content of resolution plansis discussed within context of the EBA final draft Regulatory Technical Standards (RTS) on resolution planning (EBA/RTS/2014/15) and hence dependent on the final adoption of the RTS by the European Commission.  Furthermore, the group plan will include measures to be taken at individual level.

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:
Final Q&A
Answer prepared by:
Answer prepared by the European Commission because it is a matter of interpretation of Union law.
Note to Q&A:

Update 26.03.2021: This Q&A has been updated in the light of the changes introduced to Directive 2014/59/EU (BRRD).

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