<\/span><\/h3>\nDirective 2014\/59\/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82\/891\/EEC, and Directives 2001\/24\/EC, 2002\/47\/EC, 2004\/25\/EC, 2005\/56\/EC, 2007\/36\/EC, 2011\/35\/EU, 2012\/30\/EU and 2013\/36\/EU, and Regulations (EU) No 1093\/2010 and (EU) No 648\/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, pp. 190-348)<\/p>\n
Successive amendments to Directive 2014\/59\/EU have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
RELATED DOCUMENTS<\/p>\n
Commission Implementing Regulation (EU) 2018\/308 of 1 March 2018 laying down implementing technical standards for Directive 2014\/59\/EU of the European Parliament and of the Council with regard to formats, templates and definitions for the identification and transmission of information by resolution authorities for the purposes of informing the European Banking Authority of the minimum requirement for own funds and eligible liabilities (OJ L 60, 2.3.2018, pp. 7-15)<\/p>\n
Commission Delegated Regulation (EU) 2017\/867 of 7 February 2017 on classes of arrangements to be protected in a partial property transfer under Article 76 of Directive 2014\/59\/EU of the European Parliament and of the Council (OJ L 131, 20.5.2017, pp. 15-19)<\/p>\n
Commission Delegated Regulation (EU) 2016\/1712 of 7 June 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards specifying a minimum set of the information on financial contracts that should be contained in the detailed records and the circumstances in which the requirement should be imposed (OJ L 258, 24.9.2016, pp. 1-7)<\/p>\n
Commission Implementing Regulation (EU) 2016\/1066 of 17 June 2016 laying down implementing technical standards with regard to procedures, standard forms and templates for the provision of information for the purpose of resolution plans for credit institutions and investment firms pursuant to Directive 2014\/59\/EU of the European Parliament and of the Council (OJ L 181, 6.7.2016, pp. 1-38)<\/p>\n
Commission Delegated Regulation (EU) 2016\/1450 of 23 May 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodology for setting the minimum requirement for own funds and eligible liabilities (OJ L 237, 3.9.2016, pp. 1-9)<\/p>\n
Commission Delegated Regulation (EU) 2016\/1401 of 23 May 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards for methodologies and principles on the valuation of liabilities arising from derivatives (OJ L 228, 23.8.2016, pp. 7-15)<\/p>\n
Commission Delegated Regulation (EU) 2016\/1400 of 10 May 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the minimum elements of a business reorganisation plan and the minimum contents of the reports on the progress in the implementation of the plan (OJ L 228, 23.8.2016, pp. 1-6)<\/p>\n
Commission Delegated Regulation (EU) 2016\/1075 of 23 March 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of recovery plans, resolution plans and group resolution plans, the minimum criteria that the competent authority is to assess as regards recovery plans and group recovery plans, the conditions for group financial support, the requirements for independent valuers, the contractual recognition of write-down and conversion powers, the procedures and contents of notification requirements and of notice of suspension and the operational functioning of the resolution colleges (OJ L 184, 8.7.2016, pp. 1-71)<\/p>\n
See consolidated version.<\/p>\n
Commission Implementing Regulation (EU) 2016\/962 of 16 June 2016 laying down implementing technical standards with regard to the uniform formats, templates and definitions for the identification and transmission of information by competent authorities and resolution authorities to the European Banking Authority according to Directive 2014\/59\/EU of the European Parliament and of the Council (OJ L 160, 17.6.2016, pp. 35-49)<\/p>\n
Commission Implementing Regulation (EU) 2016\/911 of 9 June 2016 laying down implementing technical standards with regard to the form and the content of the description of group financial support agreements in accordance with Directive 2014\/59\/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms (OJ L 153, 10.6.2016, pp. 25-27)<\/p>\n
Commission Delegated Regulation (EU) 2016\/778 of 2 February 2016 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines (OJ L 131, 20.5.2016, pp. 41-47)<\/p>\n
Commission Delegated Regulation (EU) 2015\/63 of 21 October 2014 supplementing Directive 2014\/59\/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ L 11, 17.1.2015, pp. 44-<\/p>\n
<\/span>Crisis management in the financial sector<\/span><\/h3>\nCommunication (COM(2010) 579 final) \u2014 an EU Framework for Crisis Management in the Financial Sector<\/p>\n
It sets out the steps to be taken to equip the European Union (EU) with a set of rules for crisis management in the financial sector.<\/p>\n
<\/span>Scope<\/span><\/h3>\nThe set of rules for crisis management in the financial sector concerns:<\/p>\n
all credit institutions;
\ncertain investment firms, more particularly those whose failure might put the financial system at risk.<\/p>\n
<\/span>Objectives<\/span><\/h3>\nThe aim of these rules is to ensure that the financial system is stable, even in the event of a business failure, and to:<\/p>\n
encourage prevention and preparation to reduce risks in the financial system;
\nprepare credible resolution tools;
\nimplement fast and effective means to act;
\nreduce moral hazard by ensuring shareholders contribute to costs;
\ncontribute to a smooth resolution of cross-border groups to preserve the internal market;
\nensure legal certainty;
\nlimit competitive distortions.
\nAreas of action<\/p>\n
The communication identified measures that should be taken in the following areas:<\/p>\n
authorities responsible for crisis management \u2014 each EU country must designate a resolution authority that is independent from the supervisor;
\npreparatory and preventative measures \u2014 including the implementation of a supervisory programme for each supervised institution and on-site supervisory examinations;
\ntriggers \u2014 early intervention should be put in place in case a bank or investment firm cannot satisfy the requirements of the Capital<\/p>\n
Requirements Directive;
\nearly intervention \u2014 provides for the widening and clarifying of supervisors\u2019 powers. Banks and businesses would be obliged to present a plan enabling the institution to recover in the event of financial difficulties;
\ndebt write-down \u2014 allowing an institution in difficulty to continue its activities or to cease some of them in order to limit risks of \u2018contagion\u2019 to other institutions;
\nresolution \u2014 reform legislation on bank insolvency in order that failing banks may benefit from liquidation proceedings.<\/p>\n
Action taken<\/p>\n
<\/span>Supervisory authorities<\/span><\/h3>\nEuropean supervisory authorities were established in 2011:<\/p>\n
the European Banking Authority (EBA), which deals with bank supervision, including the supervision of the recapitalisation of banks;
\nthe European Securities and Markets Authority (ESMA), which deals with the supervision of capital markets and carries out direct supervision with regard to credit rating agencies and trade repositories; and
\nthe European Insurance and Occupational Pensions Authority (EIOPA), which deals with insurance supervision.<\/p>\n
The 28 national supervisors are represented in all 3 supervising authorities.<\/p>\n
A European Systemic Risk Board was established to monitor and assess potential threats to financial stability that arise from macro-economic developments and from developments within the financial system as a whole.<\/p>\n
<\/span>Bank Recovery and Resolution Directive<\/span><\/h3>\nThis directive (Directive 2014\/59\/EU) entered into force in all EU countries in July 2014. It sets out a number of rules to harmonise and improve the tools for dealing with bank crises across the EU, including:<\/p>\n
banks are required to prepare recovery plans to overcome financial distress;
\nauthorities are granted a set of powers to intervene in the operations of banks to avoid their failure;
\nauthorities also have powers to implement plans to resolve failed banks in a way that preserves their most critical functions and avoids taxpayers having to bail them out;
\na Single Resolution Fund for countries in the euro area was established in 2016; separate national funds remain in place for those EU countries outside the area;
\nprocedures to improve cooperation between national authorities.<\/p>\n
<\/span>Deposit Guarantee Schemes (DGSs) Directive<\/span><\/h3>\nThis directive (Directive 2014\/49\/EU) entered into force in 2014. It strengthens the existing system of national DGS to respond to the weaknesses revealed by the financial crisis. Its key elements include:<\/p>\n
universal guarantee of deposits up to \u20ac100,000;
\neasier and faster access to repayment \u2014 a gradual reduction in payment deadlines from 20 working days to 7 working days;
\nmore robust financing regime;
\nbetter information for depositors.<\/p>\n
<\/span>Background<\/span><\/h3>\n\u2018Crisis management\u2019 on the European Commission’s website
\nEuropean Commission press release \u2018A comprehensive EU response to the financial crisis: substantial progress towards a strong financial framework for Europe and a banking union for the eurozone\u2019.<\/p>\n
<\/span>MAIN DOCUMENT<\/span><\/h3>\nCommunication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Central Bank \u2014 An EU Framework for Crisis Management in the Financial Sector (COM(2010) 579 final, 20.10.2010)<\/p>\n
RELATED DOCUMENTS<\/p>\n
Directive 2014\/49\/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, pp. 149\u2013178)<\/p>\n
Successive amendments to Directive 2014\/49\/EU have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
Directive 2014\/59\/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82\/891\/EEC, and Directives 2001\/24\/EC, 2002\/47\/EC, 2004\/25\/EC, 2005\/56\/EC, 2007\/36\/EC, 2011\/35\/EU, 2012\/30\/EU and 2013\/36\/EU, and Regulations (EU) No 1093\/2010 and (EU) No 648\/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, pp. 190\u2013348)<\/p>\n\n
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Failing banks and investment firms: rules and procedures Regulation (EU) No 806\/2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund Regulation (EU) 2019\/877 amending Regulation (EU) No 806\/2014 as regards the loss-absorbing and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[128,52],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/17793"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=17793"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/17793\/revisions"}],"predecessor-version":[{"id":18360,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/17793\/revisions\/18360"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=17793"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=17793"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=17793"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}