3. EBA Guidelines on the types of tests, reviews or exercises that may lead to support measures under Article 32(4)(d)(iii) of the Bank Recovery and Resolution Directive

This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC as subsequently amended by Regulation (EU) No 1022/2013 (the ‘EBA Regulation’). In accordance with Article 16(3) of the EBA Regulation, competent authorities, resolution authorities and financial institutions must make every effort to comply with these guidelines.

Guidelines set out the EBA’s view of appropriate supervisory practices within the European System of Financial Supervision or of how Union law should be applied in a particular area. The EBA therefore expects all competent authorities, resolution authorities and financial institutions to which guidelines are addressed to comply with guidelines. Competent authorities and resolution authorities to which guidelines apply should comply by incorporating them into their supervisory practices as appropriate (e.g. by amending their legal framework or their supervisory processes), including where guidelines are directed primarily at institutions.

Reporting requirements

In accordance with Article 16(3) of the EBA Regulation, competent authorities and resolution authorities must notify the EBA as to whether they comply or intend to comply with these guidelines, or otherwise provide reasons for non-compliance, by 01.12.2014. In the absence of any notification by this deadline, competent authorities and resolution authorities will be considered by the EBA to be non-compliant. Notifications should be sent by submitting the form provided in Section 5 to compliance@eba.europa.eu with the reference ‘EBA/GL/2014/09’. Notifications should be submitted by persons with appropriate authority to report compliance on behalf of their competent authorities and resolution authorities.

Notifications will be published on the EBA website, in line with Article 16(3).

Title I – Subject matter, scope and definitions ………………………………………………….…………..……….….7

Title II – Types of tests, reviews and exercises ………………………………………………………………………..…8

Title III – Final provisions and implementation………………………………………………….……………….……….9

Title I - Subject matter, scope and definitions

Subject matter

Definitions

Scope and level of application

Title II – Types of tests or reviews

These Guidelines should be implemented in national supervisory practices by competent authorities by 1 st January 2015.