# C_2016294EN.01010901.xml

| 12.8.2016 | EN | Official Journal of the European Union | C 294/109 |
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12.8.2016

EN

Official Journal of the European Union

C 294/109

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P8_TA(2014)0109

Non-objection to a delegated act: Ex ante contributions to resolution financing arrangements

European Parliament decision of 18 December 2014 to raise no objections to the Commission delegated regulation of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and the Council of 15 May 2014 with regard to ex ante contributions to resolution financing arrangements (C(2014)07674 — 2014/2923(DEA))

(2016/C 294/38)

The European Parliament,

The European Parliament

| — | having regard to the Commission delegated regulation (C(2014)07674), |
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having regard to the Commission delegated regulation (C(2014)07674),

| — | having regard to the Commission’s letter of 18 November 2014 asking Parliament to declare that it will raise no objections to the delegated regulation, |
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having regard to the Commission’s letter of 18 November 2014 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 16 December 2014, |
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having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 16 December 2014,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
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having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to 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 (1), and in particular Articles 103(7) and (8) and 115(5) thereof, |
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having regard to 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 (1), and in particular Articles 103(7) and (8) and 115(5) thereof,

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| — | having regard to the recommendation for a decision by the Committee on Economic and Monetary Affairs, |
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having regard to the recommendation for a decision by the Committee on Economic and Monetary Affairs,

| — | having regard to the agreement within the Council on the implementing Regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund (COM(2014)0710), |
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having regard to the agreement within the Council on the implementing Regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund (COM(2014)0710),

| — | having regard to Rule 105(6) of its Rules of Procedure, |
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having regard to Rule 105(6) of its Rules of Procedure,

| A. | whereas Article 130 of Directive 2014/59/EU (the BRRD Directive) requires Member States to apply the national measures necessary to comply with that Directive from 1 January 2015; |
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A.

whereas Article 130 of Directive 2014/59/EU (the BRRD Directive) requires Member States to apply the national measures necessary to comply with that Directive from 1 January 2015;

| B. | whereas in order to apply the Directive, Member States must ensure that contributions are raised at least annually from the relevant credit institutions and investment firms (‘the institutions’) authorised in their territory (Article 103(1) BRRD Directive); |
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B.

whereas in order to apply the Directive, Member States must ensure that contributions are raised at least annually from the relevant credit institutions and investment firms (‘the institutions’) authorised in their territory (Article 103(1) BRRD Directive);

| C. | whereas those contributions are to be adjusted to the risk profile of institutions in accordance with the criteria specified in a Commission delegated act; |
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C.

whereas those contributions are to be adjusted to the risk profile of institutions in accordance with the criteria specified in a Commission delegated act;

| D. | whereas Article 103(7) of the BRRD Directive empowers the Commission to adopt delegated acts in order to specify the notion of adjusting contributions in proportion to the risk profile of the institutions, taking into account certain criteria enumerated in that article; |
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D.

whereas Article 103(7) of the BRRD Directive empowers the Commission to adopt delegated acts in order to specify the notion of adjusting contributions in proportion to the risk profile of the institutions, taking into account certain criteria enumerated in that article;

| E. | whereas on 21 October 2014, in order to satisfy the latter empowerment, the Commission adopted the Commission delegated regulation supplementing Directive 2014/59/EU of the European Parliament and the Council of 15 May 2014 with regard to ex ante contributions to resolution financing arrangements; |
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E.

whereas on 21 October 2014, in order to satisfy the latter empowerment, the Commission adopted the Commission delegated regulation supplementing Directive 2014/59/EU of the European Parliament and the Council of 15 May 2014 with regard to ex ante contributions to resolution financing arrangements;

| F. | whereas this delegated regulation may only enter into force at the end of the scrutiny period of Parliament and the Council, if no objection has been expressed either by Parliament or the Council, or if before the expiry of that period both Parliament and the Council have informed the Commission that they will not object; whereas the scrutiny period is set under Article 115(5) of the BRRD Directive as three months from the date of notification, i.e. until 21 January 2015, and it may be extended by a further three-month period; |
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F.

whereas this delegated regulation may only enter into force at the end of the scrutiny period of Parliament and the Council, if no objection has been expressed either by Parliament or the Council, or if before the expiry of that period both Parliament and the Council have informed the Commission that they will not object; whereas the scrutiny period is set under Article 115(5) of the BRRD Directive as three months from the date of notification, i.e. until 21 January 2015, and it may be extended by a further three-month period;

| G. | whereas the smooth and timely implementation of the BRRD framework by 1 January 2015 requires that the national resolution authorities start calculating and collecting the contributions to the resolution financing arrangements as soon as possible and in any event by 1 January 2015; whereas this calculation and collection is to be carried out in accordance with the abovementioned delegated regulation; |
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G.

whereas the smooth and timely implementation of the BRRD framework by 1 January 2015 requires that the national resolution authorities start calculating and collecting the contributions to the resolution financing arrangements as soon as possible and in any event by 1 January 2015; whereas this calculation and collection is to be carried out in accordance with the abovementioned delegated regulation;

| H. | whereas the delegated regulation should therefore enter into force in 2014, before the expiry of the scrutiny period referred to in recital F; |
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H.

whereas the delegated regulation should therefore enter into force in 2014, before the expiry of the scrutiny period referred to in recital F;

| I. | whereas the agreement within the Council on the implementing regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund, reached after an informal involvement of Parliament, is consistent with the above delegated regulation; |
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I.

whereas the agreement within the Council on the implementing regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund, reached after an informal involvement of Parliament, is consistent with the above delegated regulation;

| 1. | Declares that it has no objections to the delegated regulation; |
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1.

Declares that it has no objections to the delegated regulation;

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
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2.

Instructs its President to forward this decision to the Council and the Commission.

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(1)  OJ L 173, 12.6.2014, p. 190.

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