Article 2
Comparison between the destruction in value that would arise from the close-out and the bail-in potential of derivative contracts
1. For the purpose of Article 49(4)(c) of Directive 2014/59/EU, the resolution authority shall compare the following:
(a) |
the amount of losses that would be borne by the derivative contracts in a bail-in, obtained by multiplying:
with |
(b) |
the destruction in value based on an assessment of the amount of the costs, expenses, or other impairment in value that is expected to be incurred as a result of the close-out of the derivative contracts, and obtained by calculating the sum of the following elements:
|
2. The comparison under paragraph 1 shall be made before a decision to close-out is taken, as part of the valuation to inform decisions about resolution actions required under Article 36 of Directive 2014/59/EU. Once a delegated act adopted by the Commission pursuant to Article 36(15) of that Directive enters into force, the comparison shall follow the requirements set out in that delegated act.