- Question ID
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2017_3572
- Legal act
- Directive 2014/59/EU (BRRD)
- Topic
- Resolution tools and powers
- Article
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63
- Paragraph
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1
- Subparagraph
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a
- 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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On-site inspections by resolution authorities
- Question
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Does Article 63(1)(a) enable resolution authorities to carry out on-site inspections to gather relevant information?
- Background on the question
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Article 63(1)(a) of Directive 2014/59/EU (BRRD) provides that the resolution authority should have “the power to require any person to provide any information required for the resolution authority to decide upon and prepare a resolution action, […] including requiring information to be provided through on-site inspections”.
It is not clear as to whether this provision requires that (a) resolution authorities have the power to carry out on-site inspections to gather relevant information; and/or (b) resolution authorities may request competent authorities to gather the relevant information through on-site inspections.
- Submission date
- Final publishing date
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- Final answer
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Article 63(1)(a) of Directive 2014/59/EU (BRRD) provides resolution authorities with the power to require the provision of relevant information. Such information may be gathered by means of on-site inspections. The text is clear on the power of the resolution authority. But it is not specific on the exact means by which this power can be exercised. This is in line with the approach outlined in Recital 85. The inspection can therefore in principle be carried out directly by the resolution authority. The resolution authority may also request the competent authority to carry it out on its behalf. The exact means are to be defined by the Member States when transposing the Directive into national law.
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.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.