Article 8
Resolution plans drawn up by the Board
1.
The Board shall draw up and adopt resolution plans for the entities and groups referred to in Article 7(2), and for the entities and groups referred to in Article 7(4)(b) and (5) where the conditions for the application of those paragraphs are met.
2.
The Board shall draw up the resolution plans, after consulting the ECB or the relevant national competent authorities and the national resolution authorities, including the group-level resolution authority, of the participating Member States in which the entities are established, and the resolution authorities of non-participating Member States in which significant branches are located insofar as relevant to the significant branch. To that end, the Board may require the national resolution authorities to prepare and submit to the Board draft resolution plans and the group-level resolution authority to prepare and submit to the Board a draft group resolution plan.
3.
In order to ensure effective and consistent application of this Article, the Board shall issue guidelines and address instructions to the national resolution authorities for the preparation of draft resolution plans and draft group resolution plans relating to specific entities or groups.
4.
For the purposes of paragraph 1 of this Article, the national resolution authorities shall submit to the Board all information necessary to draw up and implement the resolution plans, as obtained by them in accordance with Article 11 and Article 13(1) of Directive 2014/59/EU, without prejudice to Chapter 5 of this Title.
5.
The resolution plan shall set out options for applying the resolution tools and exercising resolution powers referred to in this Regulation to the entities referred to in paragraph 1.
6.
The resolution plan shall provide for the resolution actions which the Board may take where an entity referred to in paragraph 1 meets the conditions for resolution.
The information referred to in point (a) of paragraph 9 shall be disclosed to the entity concerned.
When drawing up and updating the resolution plan, the Board shall identify any material impediments to resolvability and, where necessary and proportionate, outline relevant actions for how those impediments could be addressed, in accordance with Article 10.
The resolution plan shall take into consideration relevant scenarios including that the event of failure may be idiosyncratic or may occur at a time of broader financial instability or system wide events.
The resolution plan shall not assume any of the following:
(a)
any extraordinary public financial support besides the use of the Fund established in accordance with Article 67;
(b)
any central bank emergency liquidity assistance; or
(c)
any central bank liquidity assistance provided under non-standard collateralisation, tenor and interest rate terms.
7.
The resolution plan shall include an analysis of how and when an institution may apply, in the conditions addressed by the plan, for the use of central bank facilities and shall identify those assets which would be expected to qualify as collateral.
8.
The Board may require institutions to assist it in the drawing up and updating of the plans.
9.
The resolution plan for each entity shall include, quantified where appropriate and possible:
(a)
a summary of the key elements of the plan;
(b)
a summary of the material changes to the institution that have occurred after the latest resolution information was filed;
(c)
a demonstration of how critical functions and core business lines could be legally and economically separated, to the extent necessary, from other functions so as to ensure continuity upon the failure of the institution;
(d)
an estimation of the timeframe for executing each material aspect of the plan;
(e)
a detailed description of the assessment of resolvability carried out in accordance with Article 10;
(f)
a description of any measures required pursuant to Article 10(7) to address or remove impediments to resolvability identified as a result of the assessment carried out in accordance with Article 10;
(g)
a description of the processes for determining the value and marketability of the critical functions, core business lines and assets of the institution;
(h)
a detailed description of the arrangements for ensuring that the information required pursuant to Article 11 of Directive 2014/59/EU is up to date and at the disposal of the resolution authorities at all times;
(i)
an explanation as to how the resolution options could be financed without the assumption of any of the following:
(i)
any extraordinary public financial support besides the use of the Fund established in accordance with Article 67;
(ii)
any central bank emergency liquidity assistance; or
(iii)
any central bank liquidity assistance provided under non-standard collateralisation, tenor and interest rate terms;
(j)
a detailed description of the different resolution strategies that could be applied according to the different possible scenarios and the applicable timescales;
(k)
a description of critical interdependencies;
(l)
a description of options for preserving access to payments and clearing services and other infrastructures and an assessment of the portability of client positions;
(m)
an analysis of the impact of the plan on the employees of the institution, including an assessment of any associated costs, and a description of envisaged procedures to consult staff during the resolution process, taking into account national systems for dialogue with social partners, where applicable;
(n)
a plan for communicating with the media and the public;
(o)
the requirements referred to in Article 12f and 12g and a deadline to reach that level, in accordance with Article 12k;
(p)
where the Board applies Article 12c(4), (5), or (7), a timeline for compliance by the resolution entity in accordance with Article 12k;
(q)
a description of essential operations and systems for maintaining the continuous functioning of the institution's operational processes;
(r)
where applicable, any opinion expressed by the institution in relation to the resolution plan.
10.
Group resolution plans shall include a plan for the resolution of the group referred to in paragraph 1, headed by the Union parent undertaking established in a participating Member State, and shall identify measures to be taken in respect of:
(a)
the Union parent undertaking;
(b)
the subsidiaries that are part of the group and that are established in the Union;
(c)
the entities referred to in point (b) of Article 2; and
(d)
subject to Article 33, the subsidiaries that are part of the group and that are established outside the Union.
In accordance with the measures referred to in the first subparagraph, the resolution plan shall identify for each group the resolution entities and the resolution groups.
11.
The group resolution plan shall:
(a)
set out the resolution actions that are to be taken for resolution entities in the scenarios referred to in paragraph 6 and the implications of those resolution actions in respect of other group entities, the parent undertaking and subsidiary institutions referred to in paragraph 1;
(aa)
where a group referred to in paragraph 1 comprises more than one resolution group, set out the resolution actions that are to be taken for the resolution entities of each resolution group and the implications of those actions on both of the following:
(i)
other group entities that belong to the same resolution group;
(ii)
other resolution groups;
(b)
examine the extent to which the resolution tools could be applied, and the resolution powers exercised, with respect to resolution entities established in the Union in a coordinated manner, including measures to facilitate the purchase by a third party of the group as a whole, of separate business lines or activities that are provided by a number of group entities, or of particular group entities or resolution groups, and identify any potential impediments to a coordinated resolution;
(c)
include a detailed description of the assessment of resolvability carried out in accordance with Article 10;
(d)
where a group includes entities incorporated in third countries, identify appropriate arrangements for cooperation and coordination with the relevant authorities of those third countries and the implications for resolution within the Union;
(e)
identify measures, including the legal and economic separation of particular functions or business lines, that are necessary to facilitate group resolution where the conditions for resolution are met;
(f)
identify how the group resolution actions could be financed and, where the Fund and the financing arrangements from non-participating Member States established in accordance with Article 100 of Directive 2014/59/EU would be required, set out principles for sharing responsibility for that financing between sources of funding in different participating and non-participating Member States. The plan shall not assume any of the following:
(i)
any extraordinary public financial support besides the use of the Fund established in accordance with Article 67 of this Regulation and the financing arrangements from non-participating Member States established in accordance with Article 100 of Directive 2014/59/EU;
(ii)
any central bank emergency liquidity assistance; or
(iii)
any central bank liquidity assistance provided under non-standard collateralisation, tenor and interest rate terms.
Those principles shall be set out on the basis of equitable and balanced criteria and shall take into account in particular Article 107(5) of Directive 2014/59/EU and the impact on financial stability in all Member States concerned.
The group resolution plan shall not have a disproportionate impact on any Member State.
12.
The Board shall determine the date by which the first resolution plans shall be drawn up. Resolution plans and group resolution plans shall be reviewed, and where appropriate updated, at least annually and after any material changes to the legal or organisational structure or to the business or the financial position of the entity or, in the case of group resolution plans, of the group including any group entity that could have a material effect on the effectiveness of the plan or that otherwise necessitates a revision of the resolution plan.
For the purpose of the revision or update of the resolution plans referred to in the first subparagraph, the institutions, the ECB or the national competent authorities shall promptly communicate to the Board any change that necessitates such revision or update.
The review referred to in the first subparagraph of this paragraph shall be carried out after the implementation of resolution actions or the exercise of powers referred to in Article 21.
When setting the deadlines referred to in points (o) and (p) of paragraph 9 of this Article, in the circumstances referred to in the third subparagraph of this paragraph, the Board shall take into account the deadline for complying with the requirement referred to in Article 104b of Directive 2013/36/EU.
13.
The Board shall transmit the resolution plans and any changes thereto to the ECB or to the relevant national competent authorities.