EBA · 2015_2438 Final Q&A

Application of MREL to entities defined in Article 1(1)

Regulation
Directive 2014/59/EU (BRRD)
Article
45, 45a
Topic
MREL
Submitted by
Competent authority
Submitted
2015-10-20
Answered
2015-10-30
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Do entities referred to in Article 1(1), points (b), (c) or (d) also have to comply with the requirement for own funds and eligible liabilities (MREL)?

Background

Article 45 (6) (b) of Directive 2014/59/EU (BRRD) states “The minimum requirement for own funds and eligible liabilities of each institution pursuant to paragraph 1 shall be determined by the resolution authority, after consulting the competent authority, at least on the basis of the following criteria: […] b. the need to ensure, in appropriate cases, that the institution has sufficient eligible liabilities to ensure that, if the bail-in tool were to be applied, losses could be absorbed and the Common Equity Tier 1 ratio of the institution could be restored to a level necessary to enable it to continue to comply with the conditions for authorisation and to continue to carry out the activities for which it is authorized under Directive 2013/36/EU or Directive 2014/65/EU and to sustain sufficient market confidence in the institution or entity;” Do entities referred to in points b, c or d of Article 1 (1) also have to comply with the requirement of MREL?

Answer

As regards entities referred to in Article 1(1), points (b) (c) or (d) , of Article 1 of Directive 2014/59/EU (BRRD), Articles 45 and 45a to 45i BRRD set out which entities are required to hold MREL and specify whether such entities must hold internal or external MREL. resolution authorities are provided with discretion on whether the MREL requirement should be applied to those entities (see Article 45(7) of Directive 2014/59/EU (BRRD)). Please see the reply to Q&A 2017­_3205 . Disclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.

Original source: European Banking Authority, Q&A ID 2015_2438

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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