22 September 2014
The European Banking Authority (EBA) launched today a consultation on two draft Guidelines on (i) the triggers for using early intervention measures (triggers for early intervention) and on (ii) the circumstances under which an institution shall be considered as ‘failing or likely to fail' (triggers for resolution). Both Guidelines ensure continuum between the on-going supervision conducted by national authorities in line with the CRD, and the Bank Recovery and Resolution Directive (BRRD). They aim at promoting convergence of supervisory and resolution practices in relation to how resolution should be triggered and how to apply early intervention measures. The consultations run until 22 December 2014.
The new BRRD regulatory framework has introduced a common set of early intervention measures that complement existing supervisory powers and measures, established under the CRD and applied according to the EBA Guidelines for common procedures and methodologies for SREP. The Guidelines on triggers for early intervention issued today by the EBA are addressed to competent authorities and clarify the conditions for using early intervention measures foreseen by the BRRD. The triggers for early intervention are to a large extent based on the outcomes of the SREP, expressed both in terms of Overall SREP score and scores for individual SREP elements. The draft Guidelines also provide the possibility of triggering early intervention measures on the basis of significant events and material deterioration or anomalies in the key indicators monitored by the competent authorities, before they are fully reflected in the SREP scores.
Determining that an institution is failing or likely to fail is the necessary element to start any resolution process. This determination is made by the relevant competent authority, but Member States may grant this power to the relevant resolution authority too. In this regard, the draft Guidelines provide separate guidance for the competent authorities, where the determination is based primarily on the outcomes of the SREP assessment of the viability of an institution, and for the resolution authorities, where the determination is based on the objective elements specified in the Guidelines (which cover an institution's capital and liquidity position, as well as other requirements for continuing its authorisation).
While respecting the functional and operational independence of competent and resolution authorities, the Guidelines aim to ensure consistency in the outcome of their assessment of whether an institution is failing or likely to fail. In particular, the core areas to be assessed (i.e. capital position, liquidity position and other requirements for continuing authorisation) are covered both in the objective elements for the resolution authorities and in the SREP assessment conducted by the competent authorities. The scope of the draft Guidelines on resolution triggers is expanded to provide guidance on the consultation, as well as information exchange between the competent authorities and resolution authorities in order to determine if an institution is failing or likely to fail. The goal is to enhance coordination of supervisory and resolution practices.
The Guidelines published for consultation complement the EBA Guidelines for common procedures and methodologies for SREP and together they form a set of supervisory guidance linking on-going supervision, early intervention and resolution.
Comments to these consultations can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 22 December 2014.
All contributions received will be published following the close of the consultation, unless requested otherwise. A public hearing will then take place at the EBA premises on 10 November 2014 from 14.00 to 17.00 UK time.
Legal basis and next steps
The proposed Guidelines are based on Articles 27(4) and 32(6) of the BRRD, which mandate the EBA to promote convergence of supervisory and resolution practices on the circumstances determining when an institution is ‘failing or likely to fail' and on the consistent application of triggers for early intervention measures.