- Question ID
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2015_2107
- Legal act
- Directive 2014/59/EU (BRRD)
- Topic
- Interactions with the CRR / CRD IV and the BRRD
- Article
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27
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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n.a.
- Type of submitter
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Competent authority
- Subject matter
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Consistency between Early intervention measures in BRRD and CRD IV
- Question
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How can consistency between the Early intervention measures as listed in Article 27 of Directive 2014/59/EU (BRRD) and those already envisaged in Article 104 of Directive 2013/36/EU (CRD IV) be ensured, in particular taking into account that the triggers for these measures are partially different?
- Background on the question
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Certain of the Early intervention measures listed in Article 27 of Directive 2014/59/EU (BRRD) are already envisaged in Article 104 of Directive 2013/36/EU (CRD IV) and are overlapping. Clarification is needed on their interaction, in particular on how to ensure consistency between the two different frameworks, also taking into account that the triggers for these measures are partially different.
- Submission date
- Final publishing date
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- Final answer
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There is no contradiction between the two sets of measures mentioned in Article 27 of Directive 2014/59/EU (BRRD) and those already envisaged in Article 104 of Directive 2013/36/EU (CRD IV).
The powers available under Article 27 of Directive 2014/59/EU (BRRD) do not preclude the use of powers under Article 104 of Directive 2013/36/EU (CRD IV). Both can coexist, and give a wider range of power to the supervisory authorities, keeping in mind proportionality: therefore, once a measure is imposed, subsequent measures could complement, but not duplicate it.
Regarding the triggers mentioned, Article 27 of Directive 2014/59/EU (BRRD) was aligned with the language in Directive 2013/36/EU (CRD IV) so that the trigger is that the institution "infringes or […] is likely in the near future to infringe the requirements" of Regulation (EU) No 575/2013 (CRR) / Directive 2013/36/EU (CRD IV).
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
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Final Q&A
- Answer prepared by
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Answer prepared by the European Commission because it is a matter of interpretation of Union law.
- Note to Q&A
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Update 26.03.2021: This Q&A has been reviewed in the light of the changes introduced to Directive 2014/59/EU (BRRD) and continues to be relevant.