What changed between the adopted text of 24 Apr 2024 and the adopted text of 26 Mar 2026

Removed:‘8a. Where necessary to inform the decisions referred to paragraph 5, points (c) and (d), the valuer shall complement the information in paragraph 7, point (c), with an estimate of the value of the off-balance sheet assets and liabilities, including contingent liabilities and assets.’;

Removed:(c) in paragraph 18, the following point (d) is added:

Removed:‘(d) when determining the losses that the deposit guarantee scheme would have incurred had the institution been wound up under normal insolvency proceedings, apply the criteria and methodology referred to in Article 11e of Directive 2014/49/EU and in any delegated act adopted pursuant to that Article.’;

Removed:(23) Article 21 is amended as follows:

Removed:(a) paragraph 1 is amended as follows:

Removed:(i) the first subparagraph is amended as follows:

Removed:— the introductory wording is replaced by the following:

Removed:‘1. The Board, acting under the procedure laid down in Article 18, shall exercise the power to write down or convert relevant capital instruments, and eligible liabilities as referred to in paragraph 7a, in relation to the entities and groups referred to in Article 7(2), and to the entities and groups referred to in Article 7(4), point (b), and Article7(5) where the conditions for the application of those provisions are met, only where it determines, in its executive session, on receiving a communication pursuant to the second subparagraph or on its own initiative, that one or more of the following conditions are met:’;

Removed:— point (e) is replaced by the following:

Removed:‘(e) extraordinary public financial support is required by the entity or group, except where that support is granted in one of the forms referred to in Article 18a(1).’;

Removed:(ii) the second subparagraph is replaced by the following:

Removed:‘The assessment of the conditions referred to in the first subparagraph, points (a) to (d), shall be made by the ECB for entities referred to in Article 7(2)(a), or by the relevant national competent authority for entities referred to in Article 7(2)(b), (4)(b) and (5), and by the Board, in its executive session, in accordance with the allocation of tasks pursuant to the procedure laid down in Article 18(1) and (2).’;

Removed:(b) paragraph 2 is deleted;

Removed:(c) in paragraph 3, point (b) is replaced by the following:

Removed:‘(b) having regard to timing, the need to implement effectively the write down and conversion powers or the resolution strategy for the resolution group and other relevant circumstances, there is no reasonable prospect that any action, including alternative private sector measures, supervisory action or early intervention measures, other than the write-down or conversion of relevant capital instruments, and eligible liabilities as referred to in paragraph 7a, would prevent the failure of that entity or group within a reasonable timeframe.’;

Removed:(d) paragraph 9 is replaced by the following:

Removed:‘9. Where one or more of the conditions referred to in paragraph 1 are met in relation to an entity referred to in that paragraph, and the conditions referred to in Article 18(1) are also met in relation to that entity or to an entity belonging to the same group, the procedure laid down in Article 18(6), (7) and (8) shall apply.’;

Removed:(24) Article 27 is amended as follows:

Removed:(a) paragraph 7 is replaced by the following:

Removed:‘7. The Fund may make a contribution as referred to in paragraph 6 only where all of the following conditions are met:

Removed:(a) a contribution to loss absorption and recapitalisation equal to an amount not less than 8 % of the total liabilities including own funds of the institution under resolution, measured in accordance with the valuation provided for in Article 20(1) to (15), has been made by shareholders, the holders of relevant capital instruments and other bail-inable liabilities through reduction, write-down, or conversion pursuant to Article 48(1) of Directive 2014/59/EU and Article 21(10) of this Regulation, and by the deposit guarantee scheme pursuant to Article 79 of this Regulation and Article 109 of Directive 2014/59/EU where relevant;

Removed:(b) the contribution from the Fund does not exceed 5 % of the total liabilities including own funds of the institution under resolution, measured in accordance with the valuation provided for in Article 20(1) to (15).’;

Removed:▌

Removed:(c) in paragraph 13, the second subparagraph is replaced by the following:

Removed:‘The assessment referred to in the first subparagraph shall establish the amount by which bail-inable liabilities need to be written down or converted:

Removed:(a) to restore the Common Equity Tier 1 capital ratio of the institution under resolution, or, where applicable, establish the ratio of the bridge institution, taking into account any contribution of capital by the Fund made pursuant to Article 76(1), point (d);

Removed:(b) to sustain sufficient market confidence in the institution under resolution or the bridge institution, taking into account the need to cover contingent liabilities, and enable the institution under resolution to continue to meet, for at least 1 year, the conditions for authorisation and to continue to carry out the activities for which it is authorised under Directive 2013/36/EU or Directive 2014/65/EU.’;

Removed:(25) Article 30 is amended as follows:

Removed:(a) the title is replaced by the following:

Removed:‘Obligation to cooperate and information exchange’;

Removed:(b) the following paragraphs 2a, 2b and 2c are inserted:

Removed:‘2a. The Board, the ESRB, the EBA, ESMA and EIOPA shall cooperate closely and provide each other with all information necessary for the performance of their respective tasks.

Removed:2b. The ECB and other members of the European System of Central Banks (ESCB) shall cooperate closely with the Board and provide it with all information necessary for the performance of the Board’s tasks, including information collected by them in accordance with their statute. Article 88(6) shall apply to the exchanges concerned.

Removed:2c. The designated authorities referred to in Article 2(1), point (18), of Directive 2014/49/EU shall cooperate closely with the Board. The designated authorities and the Board shall provide each other with all information necessary to the performance of their respective tasks.’;

Removed:(c) paragraph 6 is replaced by the following:

Removed:‘6. The Board shall endeavour to cooperate closely with any public financial assistance facility, including the European Financial Stability Facility (EFSF) and the European Stability Mechanism (ESM), in particular in all of the following situations:

Removed:(a) in the extraordinary circumstances referred to in Article 27(9) and where such a facility has granted, or is likely to grant, direct or indirect financial assistance to entities established in a participating Member State;

Removed:(b) where the Board has contracted for the Fund a financial arrangement pursuant to Article 74.’;

Removed:(d) paragraph 7 is replaced by the following:

Removed:‘7. Where necessary, the Board shall conclude a memorandum of understanding with the ECB and other members of the ESCB, the national resolution authorities and the national competent authorities describing in general terms how they will cooperate under paragraphs 2, 2a, 2b and 4 of this Article and under Article 74, second paragraph, in the performance of their respective tasks under Union law. The memorandum shall be reviewed on a regular basis and shall be published subject to the requirements of professional secrecy.’;

Removed:(26) the following Article is inserted:

Removed:‘Article 30a

Removed:Information held by centralised automated mechanism

Removed:1. The authorities operating the centralised automated mechanisms established by Article 32a of Directive (EU) 2015/849 of the European Parliament and of the Council** shall provide the Board, upon its request, with information related to the number of customers for which an entity as referred to in Article 2 is the only or principal banking partner.

Removed:2. The Board shall request the information referred to in paragraph 1 only on a case-by-case basis and where necessary for the purpose of performing its tasks under this Regulation.

Removed:3. The Board may share the information obtained pursuant to the first paragraph with national resolution authorities in the context of the performance of their respective tasks under this Regulation.

Removed:______________________________

Removed:** Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).’;

Removed:(27) ▌Article 31 is amended as follows:

Removed:(a) in paragraph 1, the third subparagraph is replaced by the following:

Removed:‘Cooperation regarding information sharing shall be conducted in accordance with Article 11 and Article 13(1) of Directive 2014/59/EU, without prejudice to Chapter 5 of this Title. In that framework and for the purposes of evaluating resolution plans, the Board:

Removed:(a) may request national resolution authorities to submit to the Board all information necessary, as obtained by them;

Removed:(b) shall, upon the request of a national resolution authority of a participating Member State, provide that authority with any information that is necessary for the performance of that authority’s tasks under this Regulation.’

Removed:(b) the following paragraph is added:

Removed:‘3. For the entities and groups referred to in Article 7(2), and for the entities and groups referred to in Article 7(4), point (b) and Article 7(5) where the conditions for the application of those provisions are met, national resolution authorities shall consult the Board before acting under Article 86 of Directive 2014/59/EU.’;

Removed:(28) in Article 32(1), the first subparagraph is replaced by the following:

Removed:‘Where a group includes entities established in participating Member States as well as in in non-participating Member States or third countries, without prejudice to any approval by the Council or the Commission required under this Regulation, the Board shall represent the national resolution authorities of the participating Member States for the purposes of consultation and cooperation with non-participating Member States or third countries in accordance with Articles 7, 8, 12, 13, 16, 18, 45h, 55, and 88 to 92 of Directive 2014/59/EU.’;

Removed:(29) Article 34 is amended as follows:

Removed:(a) in paragraph 1, the introductory wording is replaced by the following:

Removed:‘The Board may, making full use of all of the information which is already available to the ECB, including information collected by the members of the ESCB in accordance with their statute, or of all the information available to the national competent authorities, to the ESRB, the EBA, ESMA or EIOPA, require, through the national resolution authorities or directly, after having informed those authorities, the following legal or natural persons to provide it with all the information necessary, in accordance with the procedure requested by the Board and in the form requested by the Board, to perform its tasks:’;