Article 45(1) of Directive 2014/59/EU (BRRD) requires Member States to ensure that all institutions meet their minimum requirement for own funds and eligible liabilities (MREL).
Article 45(6) clarifies that MREL for each institution shall be determined by the resolution authority, after consulting the competent authority.
Hence, resolution authorities shall set MREL for all institutions, including institutions that have liquidation under normal insolvency proceedings as their resolution strategy, except for institutions that are explicitly exempted from compliance with the requirement in accordance with Article 45(3) BRRD or that benefit from the waiver in accordance with Articles 45(11) or (12) BRRD.
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.