My bookmarksSign up free
Source

Commission Delegated Regulation (EU) 2021/1527 of 31 May 2021 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards for the contractual recognition of write down and conversion powers (Text with EEA relevance)

Commission Delegated Regulation (EU) 2021/1527 of 31 May 2021 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards for the contractual recognition of write down and conversion powers (Text with EEA relevance)

Delegated Regulation (EU) 2021/1527 · Regulation · 4 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Conditions under which it would be impracticable to include the contractual term referred to in Article 55(1) of Directive 2014/59/EU in certain categories of liabilities

Article 1

Open ↗

1.   The conditions under which it would be legally or otherwise impracticable for an institution or entity referred to in Article 1(1), point (b), (c) or (d), of Directive 2014/59/EU to include, in the contractual provisions governing a relevant liability, the contractual term referred to in Article 55(1) of that Directive, shall be the following: (a) the inclusion of the contractual term would constitute a breach of the laws, regulations or administrative provisions of the third country governing the liability; (b) the inclusion of the contractual term would be contrary to an explicit and binding instruction from a third country authority; (c) the liability arises from instruments or agreements concluded in accordance with international standardised terms or protocols that the institution or entity is unable to amend; (d) the liability is governed by contractual terms that the institution or entity has to accept in order to be able to participate in or to utilise the services of a non-Union body, and which the institution or entity is unable to amend; (e) the liability is owed to a commercial or trade creditor and relates to provision of goods or services that, while not critical, are used for daily operational functioning of the institution or entity and the institution or entity is unable to amend the terms of the agreement. 2.   For the purposes of paragraph 1, points (c), (d) and (e), an institution or entity shall be deemed to be unable to amend the instruments or agreements or contractual terms where the instrument, agreement or contractual terms can be concluded only under the terms set by the counterparty or counterparties or by the applicable standard terms or protocols.

Conditions for the resolution authority to require the inclusion of the contractual term referred to in Article 55(1) of Directive 2014/59/EU in certain categories of liabilities

Article 2

Open ↗

1.   The resolution authority shall require the inclusion in the contractual provisions governing a relevant liability of the contractual term referred to in Article 55(1) of Directive 2014/59/EU where it has concluded, on the basis of the institution’s or entity’s notification, that none of the conditions of impracticability notified and referred to in Article 1 of this Regulation is fulfilled and provided that any of the following conditions is fulfilled: (a) the nominal amount of the liability created by the relevant agreement or instrument is equal to or more than EUR 20 million; (b) the remaining maturity of the agreement or instrument is equal to or longer than six months. 2.   Where necessary to ensure resolvability, the resolution authority may require the inclusion in the contractual provisions governing a relevant liability of the contractual term referred to in Article 55(1) of Directive 2014/59/EU where it has concluded, on the basis of the institution’s or entity’s notification, that none of the conditions of impracticability notified and referred to in Article 1 of this Regulation is fulfilled and provided that none of the conditions listed in paragraph (1), points (a) and (b) of this Article is fulfilled. When assessing whether the inclusion of the contractual term is necessary to ensure resolvability, in accordance with the first subparagraph, the resolution authority shall in particular have regard to at least one of the following elements: (a) the amount and type of the agreement or instrument; (b) the feasibility of using resolution tools; (c) the credibility of using resolution tools in a way that meets the resolution objectives, taking into account possible impacts on creditors, counterparties, customers and employees, and possible actions of third-country authorities; (d) the ranking of the liability in normal insolvency proceedings under national law; (e) the maturity of the liability and the revolving nature of the contract.

The reasonable timeframe for the resolution authority to require the inclusion of a contractual term

Article 3

Open ↗

1.   The reasonable timeframe referred to in Article 55(2), third subparagraph, of Directive 2014/59/EU shall be three months from the day the resolution authority receives the notification referred to in Article 55(2), first subparagraph, of that Directive. 2.   Where the notification referred to in Article 55(2), first subparagraph, of Directive 2014/59/EU is incomplete, the resolution authority shall indicate to the notifying institution or entity which information is missing. The timeframe referred to in paragraph 1 of this Article shall start when all missing information has been submitted. 3.   Until 6 October 2022, where the notification is complex, the resolution authority may extend the timeframe referred to in paragraph 1 by six months. As from 7 October 2022, where the notification is complex, the resolution authority may extend the timeframe referred to in paragraph 1 by three months. 4.   The resolution authority shall inform the notifying institution or entity of the extension and of the reasons for it.

Entry into force

Article 4

Open ↗

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Other acts of the same type
Commission Delegated Regulation (EU) 2024/490 of 29 November 2023 amending Delegated Regulation (EU) 2017/1926 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information servicesCommission Implementing Regulation (EU) 2023/2644 of 28 November 2023 concerning the authorisation of lactic acid produced by Weizmannia coagulans DSM 32789 as a feed additive for all animal species except all aquatic animals and ruminants without a functional rumenCommission Implementing Regulation (EU) 2023/2645 of 28 November 2023 concerning the authorisation of a preparation of endo–1,4-beta-mannanase produced by Paenibacillus lentus DSM 33618 as a feed additive for all poultry species for fattening and reared for laying or breeding, weaned piglets, weaned piglets of minor porcine species, pigs for fattening and minor porcine species for fattening (holder of authorisation: Elanco GmbH)Commission Implementing Regulation (EU) 2023/2646 of 28 November 2023 concerning the authorisation of a preparation of Lentilactobacillus buchneri DSM 32650 as a feed additive for all animal speciesCommission Implementing Regulation (EU) 2023/2647 of 28 November 2023 concerning the authorisation of the preparation of Bacillus subtilis DSM 5750 and Bacillus paralicheniformis DSM 5749 as a feed additive for calves for fattening, lambs for rearing and for fattening and minor ruminant species for rearing and for fattening, and amending Implementing Regulation (EU) 2017/2308 as regards the terms of the authorisation of that preparation for suckling piglets (holder of authorisation: Chr. Hansen A/S)Commission Implementing Regulation (EU) 2023/2649 of 28 November 2023 granting a Union authorisation for the single biocidal product Hokoex in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the CouncilCommission Implementing Regulation (EU) 2023/2660 of 28 November 2023 renewing the approval of the active substance glyphosate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) No 540/2011Commission Implementing Regulation (EU) 2023/2704 of 28 November 2023 granting a Union authorisation for the single biocidal product GHC ChlorCommission Implementing Regulation (EU) 2023/2708 of 28 November 2023 amending Annexes I and II to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine feverCommission Implementing Regulation (EU) 2023/2715 of 28 November 2023 approving non-minor amendments to the product specification for the protected geographical indication Huîtres Marennes OléronCommission Implementing Regulation (EU) 2023/2728 of 28 November 2023 approving non-minor amendments to the product specification for the protected designation of origin Pecorino CrotoneseCommission Delegated Regulation (EU) 2024/818 of 28 November 2023 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 153/2013 as regards the extension of temporary emergency measures on CCP collateral requirements

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

Contents

What to look at next