EBA欧洲银行-EBA-DC-105-28Decision-on-the-Establishment-of-the-Resolution-Committee29_7页_220kb

Summary of EBA/DC/2014/105: Decision Establishing the Standing Committee on Resolution (ResCo)

Core Content

The European Banking Authority (EBA) established the Standing Committee on Resolution (ResCo) through Decision EBA/DC/2014/105, effective from 1 January 2015. This decision is grounded in Regulation (EU) No 1093/2010 and Directive 2014/59/EU, which aim to strengthen the resolution framework for credit institutions and investment firms in the European Union.

Main Objectives and Scope

ResCo is tasked with:

• Preparing EBA decisions related to resolution procedures, including draft technical standards, guidelines, and recommendations, in accordance with Article 44 of the EBA Regulation.
• Promoting and coordinating resolution plans and methodologies for resolving failing financial institutions.
• Facilitating cooperation with third-country resolution authorities and supporting the effective functioning of resolution colleges.
• Enhancing information exchange between national and group-level resolution authorities.
• Monitoring regulatory developments at EU and international levels, particularly in relation to the Financial Stability Board (FSB).
• Providing input to the EBA's Work Programme and cooperation with other European Supervisory Authorities (ESMA, EIOPA) and the Joint Committee.

Decision-Making Process

• ResCo is responsible for voting on specific resolution-related decisions in cases where it has competence or where there is a conflict of interest with supervisors.
• The matters subject to ResCo's vote include:
  • Acts under Articles 10–16 of the EBA Regulation concerning resolution authorities.
  • Recommendations and decisions under Article 17 of the EBA Regulation regarding alleged breaches of Union law.
  • Decisions under Article 19 of the EBA Regulation in cases where the EBA assists resolution authorities.
  • Recommendations and opinions in non-binding mediation processes.
• Decisions made by ResCo are subject to approval by the Board of Supervisors (BoS), unless the BoS objects.
• If five or more BoS members object to the written procedure, the ResCo draft decision is brought to the BoS for a formal vote.
• The BoS may reject the ResCo draft decision if the majority threshold is met.
• In cases where the matter is jointly competent with another EBA Standing Committee, ResCo provides its opinion without voting.

Membership and Responsibilities

• ResCo is composed of heads of resolution authorities from each EU Member State, as defined in Directive 2014/59/EU.
• In cases of multiple resolution authorities in a Member State, they may agree on a common representative who can vote, with a non-voting senior representative from another authority.
• The EBA staff are adequately represented in the committee.
• Non-voting members and observers of the BoS, including the Single Resolution Board (SRB), ESMA, EIOPA, and others, can appoint a delegate to ResCo.
• Members must nominate high-level alternates to replace them when unable to attend.
• Members are expected to provide timely input and comments, especially when matters fall within their scope of competence at the BoS level.
• All members and observers are bound by confidentiality rules.

Chairperson and Leadership

• ResCo is chaired by a member of the committee, or exceptionally by the SRB representative, EBA staff, or a combination.
• The chairperson is appointed for two years and may be renewed.
• The chairperson is responsible for ensuring the delivery of ResCo's tasks in line with the EBA's Work Programme.
• They must act objectively and coordinate with other EBA Standing Committees on overlapping topics, such as recovery plans and deposit guarantee schemes.

Meetings and Substructures

• ResCo meetings are directed by the chairperson and supported by EBA staff.
• Meetings follow the BoS schedule, with the possibility of additional meetings if needed.
• ResCo may establish substructures (subgroups, task forces, networks) upon agreement with the EBA Executive Director and approval from the EBA Management Board.
• These substructures are chaired by ResCo members or technical experts, and their members must have relevant expertise.
• Chairs of substructures are expected to liaise and establish cooperation with other substructures and committees.

External Relations and Cooperation

• ResCo may engage in dialogue with the Banking Stakeholder Group and industry groups to gather input.
• It must collaborate with other EBA Standing Committees on matters requiring input from multiple committees.
• ResCo is required to cooperate closely with ESMA, EIOPA, and the European Stability and Resolution Board (ESRB) to ensure cross-sectoral consistency.
• It should seek input from the European Commission and other relevant bodies to ensure the EBA's interests are reflected at these levels.

Review of Mandate

• The mandate of ResCo will be reviewed and endorsed by the BoS after the first year and every two years thereafter.
• The review process ensures that ResCo remains aligned with evolving regulatory needs and new developments in the resolution framework.