Updated 18/09/2024
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Article 12 - Planning of the steps of the joint decision process on the resolution plan and the resolvability assessment

Article 12

Planning of the steps of the joint decision process on the resolution plan and the resolvability assessment

1.   Prior to the start of the joint decision process on the resolution plan in accordance with Article 14(2) of Regulation (EU) 2021/23, the resolution college members shall agree on a timetable of steps to be followed in that process (‘joint decision timetable for a resolution plan’).

In case of a failure to agree on the joint decision timetable for a resolution plan, the resolution authority of the CCP shall set that timetable after considering the views and reservations expressed by the resolution college members.

2.   The joint decision timetable for a resolution plan shall be updated at least annually by the resolution college members and shall include all of the following steps, to be implemented in a sequence that is agreed by the resolution college or set by the resolution authority of the CCP as set out in paragraph 1, second subparagraph:

(a)

preliminary dialogue at the resolution college on the resolution strategy of the CCP, in preparation of the joint decision on the resolution plan and the resolvability assessment;

(b)

request to the CCP for the information necessary for the drawing up of the resolution plan in accordance with Article 12 of Regulation (EU) 2021/23 and the performance of the resolvability assessment in accordance with Article 15 of that Regulation;

(c)

submission by the CCP of the information requested in point (b) directly to the resolution authority of the CCP;

(d)

transmission of the information that the resolution authority of the CCP receives from the CCP to the resolution college and indication of a deadline for any additional information requests;

(e)

submission of contributions for the development of the resolution plan and the resolvability assessment by the resolution college members and observers to the resolution authority of the CCP;

(f)

submission of the draft resolution plan and draft resolvability assessment from the resolution authority of the CCP to the resolution college members and observers;

(g)

submission of possible comments on the draft resolution plan and on the draft resolvability assessment from the resolution college members to the resolution authority of the CCP;

(h)

discussion with the CCP on the draft resolution plan and resolvability assessment, where it is deemed appropriate by the resolution authority of the CCP;

(i)

dialogue at the resolution college on the draft resolution plan and resolvability assessment;

(j)

circulation of the draft joint decision on the resolution plan by the resolution authority of the CCP to the resolution college;

(k)

dialogue on the draft joint decision on the resolution plan and on the resolvability assessment where it is deemed necessary by the resolution authority of the CCP;

(l)

reaching of the joint decision on the resolution plan and the resolvability assessment;

(m)

communication of the conclusion of the joint decision to the CCP along with a summary of the key elements of the resolution plan.

3.   The joint decision timetable for a resolution plan shall:

(a)

reflect the scope and complexity of each step of the joint decision process;

(b)

take into account the timetable of other joint decisions to be reached by the resolution college;

(c)

take into account, to the extent possible, the timetable of other joint decisions to be reached by the relevant supervisory college, in particular the timetable for the joint decision on the review and assessment of the recovery plan in accordance with Article 10 of Regulation (EU) 2021/23.