EBA launches public consultation on draft standards on the eligibility criteria for granting simplified obligations for recovery and resolution planning

08 May 2017

The European Banking Authority (EBA) launched today a public consultation on its draft Regulatory Technical Standards (RTS) further specifying the eligibility criteria to determine whether institutions should be subject to simplified obligations when drafting their recovery and resolution plans. The consultation runs until 8 August 2017.
 
According to the Bank Recovery and Resolution Directive (BRRD), competent and resolution authorities have discretion in granting simplified obligations to institutions if they meet certain eligibility criteria. In line with the proportionality principle, these simplified obligations may result, among others, in reduced content and details of recovery and resolution plans, as well as lower frequency in the update of such plans.   
 
Simplified obligations may be applied by competent and resolution authorities based on their assessment conducted on the basis of the criteria laid down in the BRRD, which include the size of the institution, interconnectedness, scope and complexity of its activities, risk profile, legal status, nature of business and shareholding structure.
 
Competent and resolution authorities should carry out the eligibility assessment in two stages. Firstly, institutions should be assessed against the quantitative criteria, based on a set of quantitative indicators. Secondly, institutions which pass the quantitative stage should be subject to a qualitative assessment. In principle, only institutions that pass both stages of the assessment can benefit from simplified obligations. However, competent and resolution authorities may conclude that very small credit institutions meet the quantitative assessment solely on the basis of their assets size. Moreover, the draft RTS introduce two types of exemptions for promotional banks and credit institutions subject to an orderly winding-up process.        

Consultation process

Comments to this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 8 August 2017. A public hearing will take place at the EBA premises on 21 June 2017 from 11.00 to 13.00 UK time.

Legal basis

The RTS have been developed according to Article 4(6) of the BRRD, which mandates the EBA to develop draft RTS to further specify the criteria listed in Article 4(1) of the BRRD for granting simplified obligations. Competent and resolution authorities may apply simplified obligations if they determine that an institution's failure would not be likely to have a significant negative effect on financial markets, on other institutions, on funding conditions, or on the wider economy.
 
These RTS also build on the experience gained by national authorities through the implementation of the Guidelines on simplified obligations issued by the EBA in July 2015.
 
Once adopted by the European Commission, the draft RTS would replace the existing Guidelines, thus increasing harmonisation.