EBA · 2015_2077 Final Q&A

Designation of several authorities as resolution authority

Regulation
Directive 2014/59/EU (BRRD)
Article
3, para. 10
Topic
Other topics
Submitted by
Competent authority
Submitted
2015-06-29
Answered
2015-07-24
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Is it possible according to Article 3 (10) of Directive 2014/59/EU (BRRD) to make specified resolution authorities responsible for the resolution of particular groups or entities and/or to divide the responsibilities for certain stages of resolution amongst them?

Background

Article 3 (10) of Directive 2014/59/EU (BRRD) seems to be unclear on the limits as to on what basis a Member State can designate more than one authority as resolution authority, and as to whether it is possible to make specified resolution authorities responsible for the resolution of particular groups or entities, as well as on whether it is possible to divide the responsibilities for certain stages of resolution between two separate entities.

Answer

The general rule in Directive 2014/59/EU (BRRD) is that there is one resolution authority (Article 3 (1)). If there is more than one authority, the Directive does not ask for a specific basis on which responsibilities of resolution authorities should be allocated. According to Article 3 (10) of Directive 2014/59/EU (BRRD), Member States are required to ensure that functions and responsibilities are allocated clearly between authorities in case there is more than one, and that adequate cooperation is in place. In addition, one authority shall be designated as a contact authority for the purposes of cooperation and coordination with the relevant authorities of other Member States. 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.

Original source: European Banking Authority, Q&A ID 2015_2077

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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