Z08.01 & Z08.02: Resolution resilience reporting

Should the explicit inclusion of clauses referred to in data points c0150 to c0170 of Z08.01-Template and c0100 to c0120 of Z08.02-Template be required only for contracts governed by third-country law, considering that contracts governed by EU law are deemed resolution-resilient by virtue of the implementation of BRRD requirements in the national legislation of Member States?

Within the framework of the new EBA Resolution Reporting, the Z08 – Relevant Services Templates require separate reporting for each relevant service (Z08.01) and, where applicable, for each operational asset (Z08.02) assigned to a relevant service. These reports are intended to cover resolution-resilient features, clauses from business reorganisation plans, and alternative mitigation actions. The associated EBA ITS (EBA/ITS/2025/04) indicates that such clauses should be explicitly incorporated into contracts. If the inclusion of these clauses is mandatory for all contracts under the ITS, this would constitute a significant increase in requirements compared to the existing Operational Guidance on operational continuity. Furthermore, considering resolution strategies such as a sale of business (share deal) combined with bail-in, it is generally not necessary to verify or amend contracts in respect of these clauses, as service relationships would continue unchanged without a change of beneficiary/service receiving legal entity in such scenarios.