Basis for ex-ante contributions to resolution financing arrangements

Resolution authorities can choose which one of the two definitions of total liabilities to use. The two definitions in Commission Delegated Regulation (EU) 2015/63 were provided so that for all institutions at least one of them would be applicable. If certain items of own funds are not included in the applied definition of total liabilities they should not be subtracted. Disclaimer: 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.