07 July 2015
The EBA published today its final Guidelines and final draft Implementing Technical Standards (ITS) relating to the eligibility of institutions for simplified obligations in the context of recovery planning, resolution planning and resolvability assessments under the Bank Recovery and Resolution Directive (BRRD). The EBA also issued final draft ITS on the procedures, forms and templates for submitting information on resolution plans under the BRRD. The work of the EBA aims at promoting a common EU framework for the application of simplified obligations, in line with the principle of proportionality, and to facilitate cooperation among EU authorities.
These Guidelines establish a set of indicators against which competent and resolution authorities should assess the impact of the failure of an institution to determine its eligibility for simplified obligations.
Competent authorities and resolution authorities will also be required to notify the EBA on the way they assessed institutions against the criteria set out in the BRRD, including the mandatory indicators specified in the Guidelines, and the nature of the simplified obligations applied to eligible institutions. The draft ITS includes a number of templates and definitions to be used by competent and resolution authorities for this purpose. The EBA will monitor any divergence of approach in the application of simplified obligations and will report accordingly to the European Parliament, the Council and the Commission by 31 December 2017.
Moreover, the ITS on procedures, forms and templates for the provision of information for resolution aim to harmonise the process for the submission of such information to resolution authorities and to facilitate the exchange of information between home and host resolution authorities during the resolution planning process for cross-border institutions and groups.
Legal basis and next steps
These ITS and Guidelines have been developed according to Articles 4(5), 4(7) and 11(3) of the BRRD.
The final draft ITS have been submitted to the European Commission for endorsement, following which they will be subject to scrutiny by the European Parliament and the Council before being published in the Official Journal of the European Union.
The guidelines will be translated into the official EU languages and published on the EBA website. The deadline for competent authorities to report whether they comply with the guidelines will be two months after the publication of the translations. The guidelines will apply 2 months and 1 day after the publication of the translations.