EBA欧洲银行-EBA-RTS-2015-03-Final-draft-RTS-on-Resolution-Colleges_70页_805kb

EBA Final Draft Regulatory Technical Standards on Resolution Colleges

Core Content

The European Banking Authority (EBA) has developed a final draft of Regulatory Technical Standards (RTS) under Article 88(7) of Directive 2014/59/EU (BRRD), aimed at specifying the operational functioning of resolution colleges for EEA cross-border banking groups. These standards are designed to ensure cooperation between home and host authorities, transparency, and efficient resolution planning in the event of a banking crisis.

The draft RTS are structured into three main titles:

• Title I – Operational organisation of resolution colleges
• Title II – Resolution planning joint decisions
• Title III – Cross-border group resolution

Main Views and Key Information

Title I: Operational Organisation of Resolution Colleges

• Mapping and Identification: The group-level resolution authority (GLRA) is responsible for mapping group entities, taking into account the work of the consolidating supervisor. This mapping is updated at least annually and upon any material change in the group's legal or organisational structure.
• Observers: Third country resolution authorities may participate as observers in the resolution college, provided their confidentiality provisions are equivalent to those of the EU. The GLRA must communicate the request for observer participation, including the terms and conditions, and the time limit for objection.
• Communication with the Union Parent Undertaking: The GLRA must ensure regular interaction and cooperation with the Union parent undertaking. It also maintains and shares contact details of members and observers, including out-of-hours contact for emergencies.

Title II: Resolution Planning Joint Decisions

• Joint Decisions: These include:
  • Group resolution plan and resolvability assessment
  • Measures to address substantive impediments to resolvability
  • Setting up minimum requirements for own funds and eligible liabilities (MREL)
• Coordination and Cooperation: The GLRA leads the resolution college and coordinates with the consolidating supervisor. The written arrangements and procedures must include flexible substructures for efficient decision-making and clear communication protocols between the resolution and supervisory colleges.
• Timeliness: Resolution authorities must provide their input in a timely and efficient manner, following the joint decision timetables. The GLRA may set a time limit for obtaining consent from non-objecting authorities, with the assumption of consent after the lapse of that time.

Title III: Cross-Border Group Resolution

• Group Resolution Process: In the event of a notification that an institution is failing or likely to fail, the resolution college is responsible for assessing the need for a group resolution scheme and mutualised financing arrangements.
• Mutualisation Consideration: The resolution college must consider whether mutualisation of national financial arrangements is necessary. If not, the financing plan should be adjusted accordingly.
• MREL Integration: The MREL proposal at the group and consolidated level must be reconciled with the minimum requirements at each subsidiary level. The MREL and resolution plan are treated as parallel joint decisions.
• Disagreement Handling: In the event of disagreement among resolution authorities, the GLRA must consider the majority of views and ensure transparency by having disagreeing authorities provide clear reasoning.

Key Provisions

• Uniformity and Transparency: The RTS aim to ensure uniform conditions for communication of joint decisions and clear documentation of the resolution process.
• Confidentiality: The resolution college must follow the confidentiality provisions of the BRRD, including the exchange of confidential information.
• Emergency Procedures: The GLRA is responsible for testing the resolution college's functioning and may involve the Union parent undertaking in these tests.
• Coordination with Supervisory Colleges: The resolution college must coordinate with supervisory colleges, especially in the mapping process and information exchange.

Conclusion

The EBA draft RTS provide a structured and coordinated approach to the operation of resolution colleges, ensuring that all relevant authorities are involved in resolution planning and decision-making. They aim to prevent duplication of work, enhance transparency, and support financial stability at both national and Union levels. The standards also include provisions for emergency situations, observer participation, and joint decision-making processes, reflecting the complexity and interdependency of cross-border banking groups.