EBA · 2018_3701 Final Q&A

Clarification on the authority responsible for the DGS

Regulation
Directive 2014/59/EU (BRRD)
Article
88, para. 2
Topic
Interactions with the DGS and the BRRD
Submitted by
Competent authority
Submitted
2018-02-07
Answered
2018-03-02
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Which exactly is the authority responsible for the DGS referred to in Article 88?

Background

Article 88(2)(g) of Directive 2014/59/EU (BRRD) provides that “ the authority that is responsible for the deposit guarantee scheme” should be a member of the resolution college. " Please clarify whether the authority referred to in Article 88 is the designated authority under Article 2(1)(18) of the DGSD or the relevant administrative authority under Article 3 of the DGSD or else.

Answer

Article 88(2)(g) of Directive 2014/59/EU (BRRD) refers to the designated authority as defined under Article 2(1)(18) of DGSD as it administers or supervises the scheme. 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 2018_3701

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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