Updated 18/09/2024
In force

Initial Legal Act
Amendments
Search within this legal act

Article 28 - Drafting joint decisions on identification of material impediments to resolvability and measures to address or remove such impediments

Article 28

Drafting joint decisions on identification of material impediments to resolvability and measures to address or remove such impediments

1.   The resolution authority of the CCP shall, taking into account the outcome of the dialogue referred to in Article 27(5) of this Regulation, prepare draft joint decisions on the identification of material impediments to resolvability and measures to address or remove such impediments.

2.   Each draft joint decision shall set out all of the following items:

(a)

the name of the CCP to which the joint decision relates and applies;

(b)

the names of the resolution authority of the CCP and the resolution college members reaching the joint decision;

(c)

the names of the observers where those observers were involved in the joint decision process in accordance with the terms and conditions for the participation of observers as set out in the written arrangements and procedures of the resolution college;

(d)

a summary of views expressed by the authorities consulted in the joint decision process;

(e)

the references to the applicable Union and national law relating to the preparation, finalisation and application of the joint decision;

(f)

the date of the joint decision;

(g)

the identification of the material impediments to resolvability;

(h)

the assessment of the measures proposed by the CCP pursuant to Article 16(3) of Regulation (EU) 2021/23;

(i)

the measures identified pursuant to Article 16(4) of Regulation (EU) 2021/23, and listed in Article 16(7) of that Regulation agreed by the resolution authority of the CCP and the resolution college members and the time period within which the respective entities are to address those measures;

(j)

where the measures proposed by the CCP are not accepted or are partially accepted by the resolution authority of the CCP, an explanation of how the measures proposed by the CCP are assessed as not fit to remove the material impediments to resolvability and how the measures referred to in point (i) would effectively reduce or remove such impediments.