CELEX: 
Language: en
Date: 2018-05-30 00:00:00
Title: Memorandum of Understanding between the Single Resolution Board and the Europen Central Bank in respect of cooperation and information exchange

ECB-PUBLIC/SRB GREEN
    MEMORANDUM OF UNDERSTANDING
 BETWEEN THE SINGLE RESOLUTION BOARD
    AND THE EUROPEAN CENTRAL BANK
             IN RESPECT OF
COOPERATION AND INFORMATION EXCHANGE
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TABLE OF CONTENTS
 1.   Purpose and key principles
 2.   Scope of cooperation
 3.   Definitions
 4.   Legal nature
 5.   Institutional representation
 6.   Communication between the Participants
        6.1. Communication between the Participants, contacts and language
        6.2 External communication
 7.   Arrangements for information exchange
      7.1    General rules
      7.2.   Information exchange without the need for a formal written request
      7.3    Information exchange upon receiving a formal written request
      7.4    Duty to inform
8.     Arrangements for cooperation
      8.1    Alignment of work cycles
      8.2    Cooperation for preparatory purposes
      8.3    Cooperation for Priority Entities
 9.   Cooperation relating to other activities
      9.1    Cooperation in on-site inspections in accordance with Article 36 of the SRM
             Regulation
      9.2    Annual SRB work program
      9.3    Calculation of contributions
      9.4    Order of priority of claims
      9.5    Cooperation related to the ECB common procedures
      9.6    Cooperation regarding the interaction with external experts
 10.  Exchange of information related to the establishment, suspension and termination of close
      cooperation between the ECB and national competent authorities of Member States whose
      currency is not the euro
 11.  Cooperation with regard to non-participating Member States
 12.   Cooperation with third-country authorities
 13.  Permissible use of information and confidentiality
 14.  Data protection
 15.  Knowledge exchange
     MEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION BOARD AND THE EUROPEAN
                CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
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16.  Settlement of disputes
17.  Review and amendment
18.  Publication of this MoU
19.  Effect and termination
    MEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION BOARD AND THE EUROPEAN
              CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
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                                      Memorandum of Understanding on
                                    Cooperation and information exchange
This Memorandum of Understanding (MoU) is made
BETWEEN
the Single Resolution Board (SRB), with its headquarters at Treurenberg 22, 1049 Brussels, Belgium
AND
the European Central Bank (ECB), with its headquarters at Sonnemannstraβe 22, 60640 Frankfurt am
Main, Germany
(hereinafter jointly the ‘Participants’ and individually, the ‘Participant’)
WHEREAS:
(1)    The SRB fulfils the tasks of a resolution authority as part of the Single Resolution Mechanism
       (SRM) in accordance with Regulation (EU) No 806/2014 of the European Parliament and of the
       Council of 15 July 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
                                                                                      1
       and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (hereinafter the ‘SRM
       Regulation’). The main aims of the SRM are to ensure effective and uniform resolution rules and
       equal conditions of resolution financing across participating Member States under a centralised
       power of resolution.
(2)    The ECB fulfils the tasks of a banking supervisory authority in the context of the Single Supervisory
       Mechanism (SSM) in accordance with Council Regulation (EU) No 1024/2013 of 15 October 2013
       conferring specific tasks on the European Central Bank concerning policies relating to the
                                                     2
       prudential supervision of credit institutions (hereinafter the 'SSM Regulation’). The general terms
       for cooperation (including information exchange) established in the MoU relate solely to the ECB in
       its supervisory function.
(3)    The ECB is competent to authorise and withdraw authorisations of all credit institutions within the
       SSM as well as to assess notifications of acquisition of qualifying holdings in those credit
       institutions subject to Articles 14 and 15 and Article 4(1)(c) of the SSM Regulation.
1      OJ L 225, 30.7.2014, p. 1.
2      OJ L 287, 29.10.2013, p. 63.
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(4)  Supervision and resolution are two complementary aspects of the establishment of the internal
     market for financial services whose application at the same level is regarded as mutually
     dependent. In order to ensure parallelism with the SSM, the SRM applies to Member States
     participating in the SSM. The scope of application of the SRM Regulation is linked to the scope of
     the application of the SSM Regulation. The scope of entities falling under the direct responsibility of
     the SRB is influenced by the ECB decisions classifying supervised entities in participating Member
     States as significant or less significant as well as by the ECB decisions granting or withdrawing
     authorisations to take up the business of a credit institution.
(5)  In the exercise of their respective responsibilities, the SRB and the ECB will cooperate closely in
     resolution planning, early intervention and resolution phases in accordance with the SRM
     Regulation. The SRB will be responsible for resolution planning, including the assessment of
     resolvability and the determination of the minimum requirement for own funds and eligible liabilities
     (hereinafter the ‘MREL’). At the same time, the ECB will be responsible for requesting recovery
     plans from institutions and for their assessment. In early intervention, the leading role lies with the
     ECB to use its supervisory powers to remedy the deterioration of an institution’s financial and
     economic situation before that institution reaches a point at which the SRB has no other alternative
     than to resolve it by applying the resolution tools, unless normal insolvency proceedings are
     credible and feasible.
(6)  In accordance with Article 30(7) of the SRM Regulation, where necessary the SRB will conclude an
     MoU with the ECB describing in general terms how they will cooperate under Article 30(2) and (4)
     of the SRM Regulation in the performance of their respective tasks under Union law.
(7)  Article 34(5) of the SRM Regulation provides that the SRB may conclude an MoU with the ECB on
     a procedure concerning the exchange of information. In order to ensure the smooth functioning of
     the SRM, it is essential that the SRB and the ECB cooperate closely and exchange all information
     necessary for the performance of their respective tasks.
(8)  The ECB and the SRB should collaborate to avoid an unnecessary increase in the reporting burden
     of the institutions. Any duplication in the collection of data should be avoided. Therefore, the SRB
     may require institutions to provide all information necessary for the performance of its tasks after
     making full use of all the information available to the ECB or to National Competent Authorities. For
     example, the SRB should be able to obtain, including on a continuous basis, any information
     necessary for the exercise of its functions, in particular information on capital, liquidity, assets and
     liabilities.
(9)  This MoU covers the cooperation and the exchange of information between the Participants with
     respect to all institutions directly supervised by the ECB. In addition, it covers all other cross-border
     groups or entities under direct responsibility of the SRB insofar as the ECB is exclusively
     competent to carry out tasks in accordance with Article 4(1)(a) and (c) of the SSM Regulation for
     prudential purposes. The MoU allows for further cooperation and information exchange, provided
     that this is commonly agreed by both Participants.
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                  CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
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(10)  This MoU does not prevent the exchange of information within the SSM and SRM. Information
      received from the SRB by the ECB can be shared with the national competent authorities involved
      in the respective joint supervisory team and information received from the ECB by the SRB can be
      shared with the national resolution authorities involved in the respective internal resolution team.
     MEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION BOARD AND THE EUROPEAN
                CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
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THE PARTICIPANTS HAVE REACHED THE FOLLOWING UNDERSTANDING:
                                                 Paragraph 1
                                         Purpose and key principles
1.1  The purpose of this MoU is to establish the general terms for cooperation, including the exchange
     of information, between the Participants in order to ensure and enhance efficient, effective and
     timely cooperation between them in the performance of their respective resolution tasks and
     supervisory tasks under Union law.
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1.2  In the exercise of their respective responsibilities under the SRM Regulation and the SSM
                 4
     Regulation , the Participants cooperate closely in all relevant phases relating to the recovery and
     resolution of Entities, in particular in the recovery planning and resolution planning activities, early
     intervention and resolution phases.
1.3  The Participants provide each other with all information necessary for the performance of their
     respective tasks. They undertake to ensure that they provide each other access to information
     needed and available to them in their functions as supervisory and resolution authority respectively.
     In particular, the Participants therefore cooperate closely in order to verify whether some or all of
     the information required by the SRB is already available at the ECB because of its supervisory
     function. Where such information is available, the ECB provides that information to the SRB.
                                                 Paragraph 2
                                            Scope of cooperation
2.1  This MoU covers the cooperation and the exchange of information between the Participants as laid
     down in the following paragraphs in the areas where:
     (a)    both Participants have direct responsibilities with regard to Entities in accordance with Article
            4(1) of the SSM Regulation and Article 7(2)(a) of the SRM Regulation respectively;
     (b)    the ECB is exclusively competent to carry out, for prudential supervisory purposes, the tasks
            in accordance with Article 4(1)(a) and (c) of the SSM Regulation in relation to the entities and
            groups under the direct responsibility of the SRB in accordance with Article 7(2)(b) of the
            SRM Regulation, and Article 7(4)(b) and (5) where the conditions for the application of those
            provisions are met;
2.2  Notwithstanding the paragraphs of this MoU, both Participants may commonly agree on further
     cooperation and exchange of information on a regular or case-by-case basis, including in other
     areas, where deemed necessary by both Participants.
3    Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014, OJ L 225, p. 1.
4    Council Regulation (EU) No 1024/2013 of 15 October 2013, OJ L 287, p. 63.
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                                                  Paragraph 3
                                                   Definitions
3.1  For the purpose of this MoU, the definitions set out in Article 3 of the SRM Regulation and Article 2
                                            5
     of the SSM Framework Regulation apply.
3.2  In addition, the following definitions apply:
     (a)     "Participant" means the SRB or the ECB, or together the "Participants";
     (b)     "Entity" means any entity or group under the direct supervision by the ECB as well as under
             the direct responsibility of the SRB in accordance with Article 7(2)(a) of the SRM Regulation,
             or together the "Entities";
     (c)     "Other Institution" means any entity or group under the direct responsibility of a national
             resolution authority in accordance with Article 7(3) of the SRM Regulation or under the direct
             responsibility of the SRB in accordance with Article 7(2)(b), 7(4)(b) or 7(5) of the SRM
             Regulation, or together "Other Institutions";
     (d)     "Resolvability Measure" means any measure listed in Article 10(11) of the SRM Regulation;
     (e)     "Viability Assessment" means the assessment of the condition referred to in point (b) of
             Article 21(1) of the SRM Regulation;
     (f)     "Business Reorganisation Plan Assessment" means the assessment carried out by the SRB
             referred to in the second subparagraph of Article 27(16) of the SRM Regulation;
     (g)     “Priority Entity” means (i) an Entity in a distressed situation in respect of which the ECB has
             triggered its internal crisis management arrangements; or (ii) an Entity with a Supervisory
             Review and Evaluation Process (SREP) score of 4 or a SREP score of 3 in combination with
             a sub-score of 4.
                                                  Paragraph 4
                                                 Legal nature
4.1  This MoU is a statement of intent and does not create any directly or indirectly enforceable rights.
     The Participants will fulfil their responsibilities under this MoU on a best-efforts basis.
4.2  This MoU does not modify or supersede any Union law or any national laws nor does it affect any
     provisions under other multilateral or bilateral agreements in force and applicable to the
     Participants.
4.3  This MoU does not authorise or prohibit a Participant from taking measures (other than those
     identified in this MoU) to obtain information necessary to ensure compliance with relevant Union
     law.
4.4  There will be no third party beneficiaries to this MoU.
5    Regulation (EU) No. 468/2014 of the ECB of 16 April 2014, OJ L 141, p.1.
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                                                  Paragraph 5
                                         Institutional representation
5.1  Based on Article 3.5 of the Rules of Procedure of the Supervisory Board and Article 30(4) of the
     SRM Regulation, the Supervisory Board will invite the Chair of the SRB to participate as an
     observer in its meetings for items relating to the tasks and responsibilities of the SRB. Such items
     shall be as follows: deliberations on recovery plans, group financial support, a rapidly deteriorating
     financial condition of an institution as defined in Article 27(1) of 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
                                                                           6
     648/2012, of the European Parliament and of the Council (hereinafter the ‘BRRD’), and any
     deliberations regarding measures provided in Article 13 of the SRM Regulation and a failing or
     likely to fail determination. The Supervisory Board may also invite the Chair of the SRB if the ECB
     has been informed of the SRB’s intention to make an assessment of the condition referred to in
     Article 18(1)(a) of the SRM Regulation. Where deemed appropriate, the SRB may appoint another
     representative to attend a meeting in the place of the Chair of the SRB.
5.2  The ECB will send the meeting documentation for the items which the Chair of the SRB has been
     invited to attend to the SRB at the same time as the documentation is sent to the Members of the
     Supervisory Board. The relevant excerpts from the minutes of the meeting will be provided to the
     SRB for information after the meeting at the same time as the minutes are sent to the Members of
     the Supervisory Board.
5.3  The ECB may invite a representative of the SRB to participate as an observer in substructures
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     established by the ECB in accordance with Article 13m.2 of the Rules of Procedure of the ECB
     whenever the mandate of any such substructures is relevant for the tasks and responsibilities of
     the SRB.
5.4  In accordance with Article 14(3) of the Rules of Procedure of the SRB in its Plenary Session, a
     representative of the ECB may be invited upon the ECB’s request or upon direct invitation of the
     Chair of the SRB to participate as observer in a relevant committee or working group established in
     accordance with Article 14(1) of the Rules of Procedure of the SRB in its Plenary Session. The
     Chair of the SRB may invite a representative of the ECB whenever the mandate of any such
     substructure is relevant for the tasks and responsibilities of the ECB.
6    OJ L 173, 12.6.2014, p. 190.
7    Decision of the ECB of 19 February 2004 adopting the Rules of Procedure of the ECB (ECB/2004/2).
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                                                 Paragraph 6
                                              Communication
6.1.  Communication between the Participants, contacts and language
6.1.1 Communication between the Participants takes place directly between the relevant units and
      responsible persons. In case no relevant unit can be identified, requests are directed to a general
      contact point (reception, mail centre, general fax number, or general e-mail account).
6.1.2 Both Participants will provide a list of relevant units and responsible persons as well as general
      contact points to which requests under this MoU may be directed.
6.1.3 Where highly sensitive information and information on Entities or Other Institutions or personal data
      is involved, information is exchanged via secure communication channels in accordance with the
      applicable confidentiality rules.
6.1.4 The working language between ECB and SRB is the English language. Both Participants will use
      the English language when sending documents to each other, unless this is impossible for reasons
      of urgency or the document to be forwarded is not in English and a translation is not available at
      that point in time. In that case, documents are transmitted in their original language, and if possible
      and available, accompanied by a provisional English summary of the key aspects of the document.
      This rule applies unless otherwise specifically agreed between the Participants for one or more
      individual cases.
6.2   External communication
6.2.1 The Participants strive to cooperate, if appropriate, in external communication with interest groups
      and the media on matters related to recovery and resolution within their respective responsibilities.
      The Communication Services of the SRB and the ECB will be responsible for coordinating external
      communication. Both Participants will provide a list of relevant units and responsible persons as
      well as general contact points responsible for external communication.
6.2.2 The Participants will inform each other, as early and fully as possible, before issuing any public
      statements relating to the recovery or resolution of Entities.
                                                 Paragraph 7
                                  Arrangements for information exchange
7.1   General rules
7.1.1 The Participants provide each other duly and timely with all information necessary for the
      performance of their respective tasks. In particular, the ECB, in accordance with Paragraph 7.2.2,
      communicates promptly to the SRB any change relating to an Entity that necessitates the revision
      or update of the resolution plan for that Entity.
7.1.2 The information exchange between the Participants is performed either in accordance with
      paragraph 7.2 without the need for a formal request, or in accordance with paragraph 7.3 upon
      receiving a formal written request.
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7.2   Information exchange without the need for a formal written request
7.2.1 Participants agree that the data included in the Annex to this MoU will be shared automatically on a
      continuous basis, without any explicit request or justification, subject to its availability. The Annex
      distinguishes between information to be shared regarding (i) all Entities for resolution planning
      purposes and (ii) Priority Entities.
7.2.2 Participants acknowledge that data belonging to the below categories of information is generally
      necessary for the performance of the requesting Participant’s tasks. Therefore, the Participants will
      exchange such information upon receiving a simple written request, subject to its availability. In the
      simple written request, the requesting Participant will confirm that the requested data belongs to
      one or more of the below categories. The requested data will be exchanged subject to confirmation
      by the transmitting Participant that the requested data belongs to one or more of the below
      categories:
      (a)    Material changes to the legal or organisational structure or to the business or the financial
             position of an Entity;
      (b)    Information related to an Entity’s capital;
      (c)    Information related to an Entity’s liquidity;
      (d)    Information related to the composition of an Entity’s liabilities and its loss absorbing capacity;
      (e)    Information related to an Entity’s asset quality;
      (f)    Information related to an Entity’s critical functions or core business lines;
      (g)    Information related to or received via supervisory or resolution reviews or analysis, stress-
             tests, on-site inspections, comprehensive assessments or valuations in respect of an Entity;
       (h)   Information related to a supervisory examination programme or supervisory or resolution
             priorities, work programme or cycle in respect of an Entity;
       (i)   Information related to supervisory or resolution requirements (including Pillar 2 guidance and
             MREL guidance) and their fulfilment by an Entity;
       (j)   Information related to business model, strategies, risk management, governance,
             contingency or crisis management procedures of an Entity;
      (k)    Information on separability, resolvability assessment, resolution strategy, operational
             continuity or business reorganisation in respect of an Entity;
      (l)    Information related to the management of information systems and IT in general of an Entity;
             and
      (m)    Information related to institutional protection schemes or deposit guarantee schemes of
             which an Entity is a member.
7.2.3 The ECB provides the SRB, on a best-efforts basis, with all the information necessary to update
      the resolution plan of a Priority Entity should the SRB decide to prepare for the resolution of a
      Priority Entity and for the valuation of the assets and liabilities of that Priority Entity, in accordance
      with Article 20(1) to (15) of the SRM Regulation. The provision of such information includes any
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      available valuation or assessments of assets and liabilities of that Priority Entity to support the
      SRB’s or an independent valuer’s valuation, in accordance with Article 20(1) to (15) of the SRM
      Regulation. For this purpose, the ECB provides the SRB with all available information which the
      SRB has specified as necessary.
7.3   Information exchange upon receiving a formal written request
7.3.1 In cases not covered by paragraph 7.2, information will be provided upon request, where the
      request:
      (a)    contains a general description of the requested information;
      (b)    specifies the purpose for which the information is sought;
      (c)    states why the information is necessary in order to perform the requesting Participant's
             tasks; and
      (d)    describes the urgency of the request and the desired timeframe for the reply.
      Requests for information under paragraph 7.3.1 will be made in writing and will be documented by
      each Participant in accordance with its internal procedures. The format of the request will take the
      applicable confidentiality rules into account.
7.3.2 The Participant responds to the request within the requested timeframe taking into account the
      urgency of the request.
7.4.  Duty to inform
      Paragraphs 7.2 and 7.3 do not detract from a Participant’s duty to inform the other Participant pro-
      actively of any information that it deems to be necessary for the performance of that other
      Participant's responsibilities.
                                                Paragraph 8
                                      Arrangements for cooperation
8.1   Alignment of work cycles
      For an efficient functioning of both the supervisory and resolution functions it is essential that the
      annual work cycle of both Participants on recovery planning and resolution planning is aligned to
      the maximum extent possible.
8.2   Cooperation for preparatory purposes
      For preparatory purposes, cooperation between the Participants includes, but may be not limited
      to, the following:
      (a)    the SRB, if applicable, provides recommendations to the ECB with regard to any actions in a
             recovery plan which may adversely impact the resolvability of an Entity. The SRB provides
             its examination, and if applicable recommendations, in a timely manner in the assessment
             period as foreseen by Article 6(2) of the BRRD;
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     (b)    the Participants cooperate closely in determining the impact of the group financial support on
            the resolvability of the providing Entity prior to the ECB decision granting the authorisation as
            consolidated supervisor;
     (c)    the SRB consults and cooperates with the ECB in the process of drawing up resolution
            plans, in particular also as regards:
            (i)     the determination of the minimum requirement for own funds and eligible liabilities of
                    an Entity;
            (ii)    the assessment of the resolvability of the Entity carried out in accordance with Article
                    10 of the SRM Regulation;
            (iii)   the determination that there are substantive impediments to the resolvability of an
                    Entity and the preparation of a report, addressed to the Entity or the parent
                    undertaking analysing those impediments to the effective application of resolution
                    tools and the exercise of resolution powers. The SRB communicates any measures
                    proposed by the Entity or parent undertaking to address or remove substantive
                    impediments to resolvability to the ECB and consults the ECB before assessing
                    whether the proposed measures effectively address or remove the substantive
                    impediments in question. If the proposed measures do not effectively address or
                    remove the substantive impediments in question, the SRB consults the ECB before
                    instructing the relevant national resolution authority to require the Entity or parent
                    undertaking or any subsidiary of the group concerned to take any Resolvability
                    Measures;
     (d)    the SRB and the ECB cooperate closely and coordinate with each other when applying
            simplified obligations and waivers in recovery and resolution planning. The ECB and the
            SRB should cooperate and analyse the possible use of the same basis for determining
            whether an institution should be subject of simplified obligations or waivers. Where the ECB
            and the SRB use the same basis they cooperate to submit the report required by the
            European Banking Authority on a joint basis. Where the ECB and the SRB do not use the
            same basis they anyway cooperate with each other with the purpose of submitting the report
            required by the European Banking Authority exchanging relevant information.
8.3   Cooperation for Priority Entities
     For Priority Entities, cooperation between the Participants includes, but may not be limited to, the
     following:
     (a)    the ECB closely monitors, in cooperation with the SRB, the conditions of the Priority Entity
            and its compliance with any measures mentioned in Article 13(1) of the SRM Regulation in
            early intervention
     (b)    during the SRB's preparatory work for resolution and when the SRB intends to impose
            requirements upon a Priority Entity in the context of Article 13(2) and (3) of the SRM
            Regulation, the SRB will have due regard to the ECB’s need to ensure the effectiveness of
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          any early intervention measures taken by the ECB as referred to in Article 13(1) of the SRM
          Regulation;
     (c)  the Participants ensure that any additional supervisory measure mentioned in Article 13(4) of
          the SRM Regulation and any action of the SRB aimed at preparing for resolution in
          accordance with Article 13(2) and Article 13(3) of the SRM Regulation are consistent;
     (d)  the ECB consults the SRB before making a ‘failing or likely to fail’ assessment with regard to
          a Priority Entity in accordance with Article 18(1) of the SRM Regulation;
     (e)  the ECB communicates a 'failing or likely to fail’ assessment with regard to a Priority Entity to
          the SRB without delay;
     (f)  the ECB provides the SRB without delay with any relevant information that the SRB requests
          in order to make a ‘failing or likely to fail’ assessment;
     (g)  the SRB assesses, in close cooperation with the ECB, whether there is no reasonable
          prospect that any alternative private sector measures or supervisory action taken in respect
          of a Priority Entity would prevent its failure within a reasonable timeframe;
     (h)  the ECB may inform the SRB that it considers the circumstances mentioned under point (g)
          are present;
     (i)  the SRB communicates an assessment that the conditions for resolution mentioned in Article
          18(1) of the SRM Regulation are met in relation to any Other Institution to the ECB;
     (j)  the ECB consults the SRB before making an assessment of the conditions mentioned in
          Article 21(1)(a), (c) and (d) of the SRM Regulation concerning the power to write down or
          convert capital instruments in relation to a Priority Entity. In accordance with Article 21 (2) of
          the SRM Regulation the SRB only makes a viability assessment, as provided for under
          Article 21(1)(b) of the SRM Regulation with regard to a Priority Entity if the ECB, within three
          calendar days of receipt of notification of the SRB’s intention to make a Viability Assessment,
          does not make its own viability assessment. The ECB provides the SRB – without delay –
          with any relevant information to be used by the SRB for its viability assessment, when
          requested;
     (k)  in accordance with Article 27 (16) of the SRM Regulation the SRB, in agreement with the
          ECB, conducts the Business Reorganisation Plan Assessment of an Entity in resolution, in
          particular the likelihood that the plan, if implemented, will restore the long term viability of
          that Entity;
     (l)  the SRB and the ECB should reach an agreement on the assessment of a business
          reorganisation plan in accordance with Article 27(16) of the SRM Regulation, which the SRB
          will communicate to the national resolution authority concerned.
                                               Paragraph 9
                                Cooperation relating to other activities
9.1  Cooperation in on-site inspections in accordance with Article 36 of the SRM Regulation
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9.1.1 The Participants will cooperate with regard to on-site inspections carried out by them to the extent
       necessary for the performance of their respective tasks under the SSM Regulation and SRM
       Regulation.
9.1.2 The SRB will inform the ECB of an intended on-site inspection with respect to an Entity at least one
       week before notifying the Entity subject to the on-site inspection or, if the SRB will carry out the on-
       site inspection without notifying the Entity concerned, as soon as possible before the start of the
       inspection. Prior to launching the on-site inspection, the SRB will verify with the ECB whether there
       is any ongoing supervisory on-site inspection or on-site inspection under launching phase.
9.1.3 The ECB and the SRB may agree to participate in each other’s on-site inspections to the extent
       necessary for performing their respective tasks.
9.1.4 Where appropriate, the Participants keep each other informed on the results of on-site inspections
       carried out by them in a timely manner, where the findings are relevant for the performance of their
       respective tasks, particularly with regard to the fields covered by this MoU and to the extent
       reasonable and permitted by Union law.
9.2    Annual SRB work program
       In accordance with Article 50(1)(a) of the SRM Regulation, the SRB transmits its annual work
       program for the following year to the ECB for information within five business days after its
       adoption by the Plenary Session.
9.3    Calculation of contributions
       In accordance with Article 70(2) of the SRM Regulation and Article 4 of Council Implementing
       Regulation (EU) 2015/81 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
                                  8
       Single Resolution Fund , the SRB consults the ECB regarding the calculation of the ex-ante
       contributions to the Fund. The ECB may express its views regarding the proposed individual
       contributions of Entities in due time, and in any case within 10 business days after the start of the
       consultation at the latest. Within 10 business days from the notification of the final annual
       contributions to the Entities, the SRB submits an overview or copy of the contributions to the ECB.
       The ECB provides the SRB with the data necessary for the calculation of the contributions to the
       administrative expenditures of the SRB in accordance with Article 6 of the Delegated Regulation
       EU (EU) 2017/2361 of 14 September 2017 on the final system of contributions to the administrative
                                                     9
       expenditures of the Single Resolution Board .
9.4    Order of priority of claims
       The SRB will inform the ECB of the ranking of claims against entities referred to in Article 2 of the
       SRM Regulation in national insolvency proceedings within five business days after receiving the
       notification by Member States in accordance with Article 17(2) of the SRM Regulation.
8      OJ L 15, 22.1.2015, p. 1.
9      OJ L 337, 19.12.2017 p. 6.
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9.5   Cooperation related to ECB common procedures
9.5.1 In relation to supervised entities subject to the direct responsibility of the SRB, for matters related
      to granting and withdrawing authorisations for credit institutions as well as assessing proposed
      acquisitions of qualifying holdings, the ECB will inform the SRB without delay of its decisions.
9.5.2 The SRB will inform the ECB as soon as possible of any authorisation needed to take up the
      business of a credit institution, required due to the application of a resolution tool as provided for in
      the SRB decision on a resolution scheme. The ECB will have due regard of the urgency of the
      matter when taking a decision on a draft authorisation decision it receives accordingly from the
      national competent authority in accordance with Article 14 of the SSM Regulation.
9.5.3 The ECB will cooperate with the SRB whenever, either on its own initiative or on a proposal from
      an NCA, it intends to take a decision on the withdrawal of the authorisation of an institution subject
      to the direct responsibility of the SRB in case of failure or a likely failure situation.
      Following consultation with the SRB, the ECB will take its views into account when taking its
      decision.
9.5.4 The ECB will inform the SRB of its intention to classify supervised entities or supervised groups as
      significant in accordance with Article 44 SSM Framework Regulation and concerning the beginning
      and end of direct supervision by the ECB in accordance with Articles 45 and 46, as well as Article
      67 SSM Framework Regulation in order to allow the SRB to prepare for its assumption of direct
      responsibility.
9.6   Cooperation regarding the interaction with external experts
9.6.1 The SRB will inform the ECB about its intention to procure an external valuer in light of the potential
      resolution of an Entity. If the ECB has any indication of potential conflicts of interest, the ECB
      informs the SRB without delay.
9.6.2 The SRB will inform the ECB about the appointment of an external valuer, consultant or other
      external expert with respect to the potential resolution of an Entity.
9.6.3 The Participants are allowed to share with an external valuer, consultant or other external expert
      any information or data obtained under this MoU from the other Participant without obtaining the
      prior agreement of the originating Participant according to Paragraph 13.4(a). The Participants will
      duly comply with the rules under Union law regarding the prevention and mitigation of any conflicts
      of interest.
                                                Paragraph 10
    Exchange of information related to the establishment, suspension and termination of close
    cooperation between the ECB and national competent authorities of Member States whose
                                           currency is not the euro
The ECB will notify and send its decisions about the establishment, suspension or termination of close
cooperation to the SRB without delay:
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(a)    When the ECB has concluded, according to Article 5(1) of the Decision ECB/2014/5, that a non-
       participating Member State which has requested to enter into close cooperation fulfils the criteria
       set out in Article 7(2)(a) to (c) of the SSM Regulation;
(b)    When the ECB adopts a decision establishing close cooperation with the national competent
       authority of a Member State whose currency is not the euro or rejecting such request;
(c)    When the ECB adopts a decision to suspend close cooperation pursuant to Article 7(5) or (7) of the
       SSM Regulation, indicating the dates from which the suspension takes effect as well as the period
       during which the suspension applies. The ECB will also notify the SRB where the suspension will
       be extended;
(d)    When the ECB adopts a decision to terminate close cooperation pursuant to Article 7(5) or (7) or,
       at the request of a Member State in close cooperation, pursuant to Article 7(6) or (8) of the SSM
       Regulation.
                                                  Paragraph 11
                       Cooperation with regard to non-participating Member States
The Participants will cooperate closely in the context of their participation in Colleges of Supervisors and
(European) Resolution Colleges, as well as any joint decision-making process in accordance with Article
87 of the BRRD.
                                                  Paragraph 12
                                  Cooperation with third-country authorities
12.1 This Paragraph applies in respect of cooperation with regard to relevant authorities of third
       countries unless and until any international agreement as referred to in Article 93(1) of the BRRD
       enters into force. It will also apply following the entry into force of such an international agreement
       with one or more third countries to the extent that the subject matter of this paragraph is not
       governed by that agreement.
12.2 The Participants will keep each other duly informed of any non-binding cooperation agreements
       with third-country authorities, where possible.
12.3 If a Crisis Management Group (CMG) has been established for an Entity, the Participants will
       cooperate closely on the distribution of tasks in accordance with their respective responsibilities
       within the CMG, in order to ensure its effective functioning. The SRB will chair the CMG and will be
       in charge of preparing the CMG meetings and will coordinate with the ECB on its involvement. The
       ECB will be chairing topics related to recovery planning.
12.4 For CMGs not covered by sub-paragraph 3 the Participants cooperate closely to the extent they
       participate as members in such fora.
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                  CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
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                                                 Paragraph 13
                            Permissible use of information and confidentiality
13.1 The Participants recognise that mutual trust can only be preserved if information can flow with
      confidence in both directions.
13.2 Any confidential information requested or received by the Participants will be exchanged in
      compliance with relevant Union law, and will be used exclusively for lawful purposes and only in
      relation to the exercise by the Participants of their respective duties and tasks.
13.3 The Participants will exchange confidential information and will preserve the confidentiality of the
      information exchanged. In this regard, the Participants will keep confidential all information
      obtained in accordance with Union law or under this MoU from the other Participant, directly or
      indirectly, if the information communicated has been qualified as confidential by the sending
      Participant or is related to an issue of a confidential nature. The Participants will ensure that all
      persons under their responsibility dealing with or having access to confidential information are
      bound by the obligation of professional secrecy in accordance with the general principle of
      professional secrecy stated in Article 339 of the Treaty on the Functioning of the European Union
      and in compliance with relevant Union law.
13.4 Prior to any disclosure of confidential information received from the other Participant to a third
      party, the Participant considering disclosure will seek to (a) obtain the express agreement in writing
      of the originating Participant to disclose the confidential information, (b) ensure that the disclosed
      confidential information, including personal data, will be used by the third party solely for the
      purposes for which the originating Participant gave its agreement, and (c) ensure that the third
      party is subject to professional secrecy requirements, including data protection requirements,
      equivalent to those applicable to them by the relevant Union law.
      For the purposes of this Paragraph 13 the Commission, National Resolution Authorities as well as
      National Competent Authorities are not considered to be third parties.
13.5 If a Participant is legally compelled to disclose confidential information received from the other
      Participant, the requested Participant will immediately notify the originating Participant, indicating
      what information it is compelled to release, to whom the information will be released, the
      circumstances surrounding the information release, and the legal basis of the obligation to release
      the information. If so required by the originating Participant, the requested Participant will preserve
      the confidentiality of the information to the extent permitted by the relevant Union law.
                                                 Paragraph 14
                                               Data Protection
This MoU does not modify or supersede the applicable Union data protection framework. The Participants
process any personal data contained in the information exchanged under this MoU in accordance with
Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the
protection of individuals with the regard of processing of personal data by the Community institutions and
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                                                     10
bodies and on the free movement of such data , and, as far as they transfer personal data to third-
country authorities, in particular in accordance with Article 9 of Regulation (EC) No 45/2001.
                                                 Paragraph 15
                                            Knowledge exchange
The Participants recognise that it is of mutual interest to exchange general information relating to their
respective fields of competence, including in the context of trainings, conferences and workshops. Either
Participant may invite staff members of the other Participant on a case-by-case basis to join such a
knowledge exchange session. Each Participant will cover its own expenses incurred in relation to such
sessions. Any confidential information that may be exchanged in this context falls under the scope and be
governed by the principles mentioned in Paragraph 13.
                                                 Paragraph 16
                                            Settlement of disputes
16.1 Any disagreement between the Participants concerning the interpretation or application of this MoU
       or its performance will be settled, if possible, in an amicable and equitable manner through direct
       negotiations between the relevant units and responsible persons. Therefore, the representatives
       appointed by the SRB and the ECB respectively will endeavour to resolve the outstanding
       disagreement.
16.2 If the negotiation stage mentioned in Paragraph 16.1 does not reach a satisfactory resolution, the
       Participants strive to solve the disagreement by mutual agreement by entertaining good faith
       negotiations between senior management, or directly the permanent Board Members of the SRB
       and members of the Executive Board of the ECB, who have authority to fully and finally resolve the
       disagreement.
16.3 The existence of a disagreement, its resolution as well as any information including documentation
       related to or disclosed in connection with it, will be treated as confidential information.
                                                 Paragraph 17
                                           Review and amendment
17.1 The Participants may review the functioning and effectiveness of cooperation and information
       exchange under this MoU every two years or earlier when deemed necessary by both Participants.
17.2 Any amendment to this MoU requires the mutual consent of Participants and will be done in writing
       unless otherwise agreed upon.
10     OJ L 8, 12.1.2001, p. 1.
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                                                Paragraph 18
                                          Publication of this MoU
This MoU will be published subject to the requirements of professional secrecy on the websites of the
SRB and the ECB within one week after it comes into effect.
                                                Paragraph 19
                                          Effect and termination
19.1 This MoU will come into effect on the date it has been signed by both Participants and will continue
      to have effect until terminated by either of them.
19.2 Each Participant may terminate this MoU by giving six months’ prior written notice to the other
      Participant at any time. If the MoU is terminated by either Participant, steps will be taken to ensure
      that the termination does not affect any prior obligation, project or activity already in progress.
19.3 Termination of this MoU does not affect obligations under this MoU relating to confidentiality of
      information, which will continue to have effect, nor does it affect obligations regarding cooperation
      and exchange of information between the Participants under Applicable Laws.
Signed at Brussels and Frankfurt on 22 December 2015 and revised on 30 May 2018 in two original
copies each in the English language and signed by the Participants’ duly authorised representatives.
For the Single Resolution Board
[signed]
Name: Elke König
For the European Central Bank
[sigend]
Name: Sabine Alice Lautenschläger-Peter
For the European Central Bank
[signed]
Name: Yves Mersch
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                              MEMORANDUM OF UNDERSTANDING
                          BETWEEN THE SINGLE RESOLUTION BOARD
                              AND THE EUROPEAN CENTRAL BANK
                                         IN RESPECT OF
                         COOPERATION AND INFORMATION EXCHANGE
                            ANNEX: LIST OF NECESSARY DATA/INFORMATION
TABLE OF CONTENTS
1. Data and information to be provided by the ECB to the SRB ........................................................2
2. Data and information to be provided by the SRB to the ECB ........................................................7
 ---pagebreak---                                                                                   ECB-PUBLIC/SRB GREEN
The data/information included in this Annex is to be shared automatically, without an explicit request
justifying the need for the information to be provided. The data/information in this Annex is to be
provided by the European Central Bank (ECB) to the Single Resolution Board (SRB) and by the SRB
to the ECB subject to its availability.
Data requirements will be reviewed, if necessary, at any point in time to reflect the operational practice
and changes in the reporting standards as well as any adopted relevant Level 2 legislation.
Quantitative data should be transmitted in a format supporting computation for analysis purposes by
the receiving Participant, whenever available.
1.    Data and information to be provided by the ECB to the SRB
1.1 INSTITUTION/GROUP SPECIFIC FOR RESOLUTION PLANNING PURPOSES REGARDING ALL SIGNIFICANT
      INSTITUTIONS /GROUPS DIRECTLY SUPERVISED BY THE ECB
The following data/information is to be provided by the ECB to the SRB:
a)        (Group) recovery plans
b)        Bank ID Card
c)        Business contingency/continuity plans
d)        Single Supervisory Mechanism (SSM) daily liquidity template data (in the context of the annual
          exercise)
e)        Internal capital adequacy assessment process (ICAAP) and internal liquidity adequacy
          assessment process (ILAAP) and subsequent updates to those, and the assessment of the
          ICAAP and ILAAP made by the ECB as part of the Supervisory Review and Evaluation Process
          (SREP)
f)        ECB feedback letter sent to the institution with respect to the assessment of the recovery plan
g)        Application for authorisation of any group financial support agreement proposed pursuant to
          Article 19(1) of the BRRD
h)        Intra-group financial support agreements and any changes thereto
i)        ECB supervisory decisions regarding SREP addressed to ECB supervised entities together with
          all individual SREP scores including detailed supervisory assessment underlying each sub-
          score of the SREP
j)        Information received from the institution/group, feedback to the ECB questionnaire provided by
          institution/group and the ECB feedback made in the context of thematic reviews related to the
          Basel Committee on Banking Supervision 239 Principles
k)        Supervisory regulatory data:
       i.         Common Reporting (COREP)
       i.         Financial Reporting (FINREP): International Financial Reporting Standards (IFRS) and
                  Generally Accepted Accounting Principles (GAAP)
      ii.         Liquidity Coverage Ratio
      ii.         Net Stable Funding Ratio
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       iii.         Additional liquidity monitoring
      iv.           Large Exposures
        v.          Asset encumbrance
      vi.           Lending collateralised by immovable property
      vii.          Funding plan templates
   l)       Revised draft and final business plans, restructuring plans, update on economic and financial
            projections and planning, merger/demerger contracts and plans, due diligence reports if these
            items are important as regards material changes to the legal or organisational structure or to the
            business or the financial position of an entity
   m) Prudential capital and liquidity requirements and guidance
   n)       Waivers granted to an institution in accordance with CRR including relevant background
            information
   o)       ECB information about a situation of a rapidly deteriorating financial condition of an institution as
            defined in Article 27(1) of the BRRD
1.2 INSTITUTION/GROUP SPECIFIC FOR ALL SIGNIFICANT INSTITUTIONS /GROUPS DIRECTLY SUPERVISED
      BY THE ECB WHICH ARE PRIORITY ENTITIES
The following data/information is to be provided by the ECB to the SRB:
a)          Bank data supporting the detailed supervisory assessment underlying each sub-score of the
            SREP
b)          Data on non-performing loans (NPL)and foreclosed assets, including any Distressed Entity’s
            data submissions in respect of NPLs, supervisory reports or projections in respect of a
            Distressed Entity’s NPLs and their development, current or proposed measures to address high
            levels of NPLs or any supervisory/inspection reports or assessments of collateral held in respect
            of NPLs.
c)           SSM daily liquidity template data
d)          Pre-inspection notes for on-site inspections
e)          Any plan prepared by a Priority Entity in accordance with Article 16(2)(c) SSMR in order to
            restore compliance with its supervisory requirements
f)          ECB draft Decisions on early intervention measures, including additional early intervention
            measures, and any other information relevant for the respective ECB Decision on early
            intervention measure prior to taking the final decision
g)          ECB information concerning an early intervention measure on which an ECB decision has been
            taken as well as information and ECB valuation/assessment of the assets and liabilities of an
            institution to support the SRB’s or an independent valuer’s performance to carry out the
            valuation in accordance with Article 20(1) to (15) of the SRM Regulation
h)          Information on the condition of an institution after applying early intervention measures and the
            institution’s compliance with those measures, including details on the capital and liquidity
            situation of the institution:
         i.         Information in respect of any capital shortfall of the Priority Entity and its proposals to
                    remedy that shortfall
        ii.         Information in respect of the Priority Entity’s efforts to implement its proposals to remedy
                    a capital shortfall (e.g. investor feedback in respect of any capital-raising exercise, and
                    progress of any asset disposals)
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    iii.         Any due diligence reports commissioned by the Priority Entity in support of any proposed
                 capital raising or asset disposal
i)       ECB draft decisions on ECB viability assessment
j)       ECB viability assessment in the context of write-down and conversion of capital instruments
k)       ECB assessment of the conditions under Article 21(1)(c) and (d) of the SRM Regulation in the
         context of write-down and conversion of capital instruments
l)       Notification and any relevant information triggering and supporting the ECB intention to make a
         failing or likely to fail (FOLTF) assessment
m)       ECB FOLTF assessment
n)       Notification by the management body of an institution that it considers the institution to be
         FOLTF
o)       ECB assessment of the availability of alternative private sector measures if and when the ECB
         makes such an assessment
1.3 OTHER DATA/ NFORMATION RELATED TO SIGNIFICANT INSTITUTIONS /GROUPS DIRECTLY SUPERVISED
     BY THE ECB
a)       List of significant institutions:
      i.         their type of entity (credit institution, financial holding, mixed financial holding, other);
     ii.         the country of establishment, applicable jurisdiction and address;
                                           1
    iii.         ECB list of subsidiaries and branches directly supervised by the ECB
b)       Notification of any changes in its supervisory competence pursuant to Article 6(4) and 6(5)(b) of
         the SSM Regulation at least one month prior to the date on which it will assume direct
         supervision over an Entity or Other Institution;
c)       Information on any non-binding cooperation agreements with third-country authorities, where
         possible
d)       SREP Timetable
e)       Draft SREP capital requirements and capital guidance at consolidated level as presented to the
         Supervisory Board of the ECB before the informal supervisory dialogues
f)       Overall planning timeline for recovery plan submissions
g)       Overall planning/ dates of supervisory colleges
h)       Joint decision timetable for banks with a supervisory college
i)       Yearly programme of on-site inspections, information on the final results of on-site inspections
         (including final on-site reports), progress report on the implementation of the recommendations
j)       Results of asset quality reviews and stress tests conducted by the ECB
k)       Agendas of the Supervisory Board of the ECB in advance of the meetings
l)       Supervisory manual
m)       Notification concerning the ECB’s publication of administrative penalties imposed in accordance
         with Article 18(1) and (7) of SSMR.
1  Note that this encompasses subsidiaries and supervised entities affiliated to a central body.
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1.4 D ATA FOR THE SINGLE RESOLUTION FUND RELATED TO SIGNIFICANT AND L ESS SIGNIFICANT
     INSTITUTIONS /GROUPS DIRECTLY OR INDIRECTLY SUPERVISED BY THE ECB
For the purpose of collecting contributions to the Single Resolution Fund (the SRF), the SRB receives
information on significant institutions/groups from the below table that are not already included in other
sections of the Annex in paragraph 1 as well as information on less significant institutions/groups.
1.4.1 Notification of: (i) any new authorisation of an Entity and (ii) the withdrawal of an Entity’s
authorisation.
1.4.2 The ECB shall provide the information by 15 November of each year. The SRB will identify which
data is missing and therefore needed from the table below:
a)     Information available to the ECB at the time of signature of the MoU
            Name of the institution
            Address of the institution
            Postal code of the institution
            City of the institution
            Country of registration of the institution
            RIAD code of the institution
            LEI code of the institution
            Start date of direct supervision by the ECB
            Date at which the institution closes its financial year-end accounts
            Institution category: credit institution (as defined above) Y/N
            Accounting standard (IFRS or National GAAP (COREP C00.01))
            Total Liabilities*
            Total Assets*
            Total deposits (FINREP definition - Annex III - Template 1.2 Column 010 Rows
             040+080+120)*
            Own funds (Tier 1 + Tier 2)
            CET1 capital
            Total Risk Exposure
            CET1 capital ratio (transitional)
            Risk exposure amount for market risk on traded debt instruments and equity (COREP SA
             C02 1.3.1.1 & 1.3.1.2 ID)
            Total off-balance sheet          nominal     amount    (COREP    C40    column    070   rows
             100+140+150+160)
            Total derivative exposure (COREP C45 columns 010+020+030 rows 030+040+050)
            Waiver at individual level: Own Funds or RWAs (Y/N)
            Waiver at individual level: LCR (Y/N)
            Waiver at individual level: NSFR (Y/N)
            Waiver at individual level: Leverage ratio (Y/N)
            Waiver at individual level: Pillar 1 capital requirements (Y/N)
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 ---pagebreak---                                                                           ECB-PUBLIC/SRB GREEN
        Waiver at individual level: Pillar 2 requirements (Y/N)
        Is the institution part of an SSM supervised group (EU consolidation) (CRR 4(1)(47))?
         (Y/N)
        Name of the parent at EU consolidated level (CRR 4(1)(47))**
        RIAD code of the parent at EU consolidated level (CRR 4(1)(47))**
        LEI code of the parent at EU consolidated level (CRR 4(1)(47))**
        In case of individual waiver: CET1 capital of the parent at EU consolidated level (CRR
         4(1)(47))**
        In case of individual waiver: Total Risk Exposure of the parent at EU consolidated level
         (CRR 4(1)(47))**
        In case of individual waiver: Risk exposure amount for market risk on traded debt
         instruments and equity (COREP SA C02 1.3.1.1 & 1.3.1.2 ID) of the parent at EU
         consolidated level (CRR 4(1)(47))**
        In case of individual waiver: CET1 capital ratio of the parent at EU consolidated level
         (CRR 4(1)(47))**
        In case of individual waiver: Leverage ratio of the parent at EU consolidated level (CRR
         4(1)(47))**
        In case of individual waiver: Total off-balance sheet nominal amount (COREP C40 column
         070 rows 100+140+150+160) of the parent at EU consolidated level (CRR 4(1)(47))**
        In case of individual waiver: Total derivative exposure (COREP C45 columns
         010+020+030 rows 030+040+050) of the parent at EU consolidated level (CRR
         4(1)(47))**
b) Information that would be collected by the ECB in future
        Institution category: central body (as defined above) Y/N
        Institution category: IPS member (CRR 113(7)) Y/N
        Name of the IPS where the institutions is member (when applicable)
        Is the institution part of an SSM supervised group (EU sub-consolidation) (CRR 4(1)(49))?
         (Y/N)
        Name of the parent at the SSM level (CRR 4(1)(49))
        RIAD code of the parent at SSM level (CRR 4(1)(49))
        LEI code of the parent at SSM level (CRR 4(1)(49))
        In case of individual waiver: CET1 capital of the parent at lowest EU sub-consolidated
         level (CRR 4(1)(49))
        In case of individual waiver: Total Risk Exposure of the parent at lowest EU sub-
         consolidated level (CRR 4(1)(49))
        In case of individual waiver: Risk exposure amount for market risk on traded debt
         instruments and equity (COREP SA C02 1.3.1.1 & 1.3.1.2 ID) of the parent at lowest EU
         sub-consolidated level (CRR 4(1)(49))
        In case of individual waiver: CET1 capital ratio of the parent at lowest EU sub-
         consolidated level (CRR 4(1)(49))
        In case of individual waiver: Leverage ratio of the parent at lowest EU sub-consolidated
         level (CRR 4(1)(49))
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             In case of individual waiver: Total off-balance sheet nominal amount (COREP C40 column
              070 rows 100+140+150+160) of the parent at lowest EU sub-consolidated level (CRR
              4(1)(49))
             In case of individual waiver: Total derivative exposure (COREP C45 columns
              010+020+030 rows 030+040+050) of the parent at lowest EU sub-consolidated level
              (CRR 4(1)(49))
Notes:
*      From December 2015, FINREP on consolidated basis for nGAAP and supervisory financial
       information at solo level for stand-alone institutions has been available, but for Significant
       Institutions only. June 2016 is the first reference date for the collection of supervisory financial
       information at solo level for institutions that are part of a Significant Institution at group level.
**     This information is available for the parent at SSM consolidated level considering that the
       highest level in the SSM for this type of entity is always reporting consolidated data, subject to
       Article 11 CRR.
2.   Data and information to be provided by the SRB to the ECB
2.1 INSTITUTION/GROUP SPECIFIC, REGARDING SIGNIFICANT INSTITUTIONS DIRECTLY SUPERVISED BY
     THE ECB
    The following data/information is to be provided by the SRB to the ECB:
-   draft (group) resolution plans (including complementary documentation e.g. annexes and technical
    background notes)
-   (group) resolution plan and any changes thereto, including
             assessment of the feasibility and credibility of normal insolvency proceedings
             assessment of the feasibility and credibility of the resolution strategy
-   SRB draft Decisions on (group) resolution schemes, any changes thereto and any other
    information relevant for the respective SRB Decision on the resolution scheme prior to taking the
    final decision.
-   draft assessment and final assessment of the extent to which an Entity is resolvable, including
             determination that there are substantive impediments to the resolvability of an Entity;
              analysis of impediments to the effective application of resolution tools and exercise of
              resolution powers as well as measures to remove impediments /report pursuant to Article
              10(7) SRM Regulation addressed to the Entity or the parent undertaking analysing those
              impediments to the effective application of resolution tools and the exercise of resolution
              powers
             assessment whether the measures proposed by the entity or the group parent undertaking
              effectively address or remove the substantive impediments to resolution and any
              resolvability measures to be envisaged by the SRB
-   any measures proposed by an entity or parent undertaking to address or remove impediments to
    resolvability
-   draft and final report pursuant to Article 10(7) of the SRM Regulation
-   notification on any intention to take measures and any measures taken in accordance with Article
    10(11) of the SRM Regulation
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- notification on any intention to instruct and any instructions of the relevant NRA to require the
  entity or parent undertaking or any subsidiary of the group concerned to take any resolvability
  measure
- draft and final determination of the minimum requirement for own funds and eligible liabilities of an
  Entity/group and all relevant documentation, including:
           Assessment of the Loss absorption amount
           Assessment of the Recapitalisation amount
           Identification of liabilities that are reasonably likely to be fully or partially excluded from
            bail-in
           Assessment whether the amount of liabilities identified as reasonably likely to be excluded
            totals more than 10% of any one class of liabilities which ranks equally in insolvency
           Any adjustments the default loss absorption and recapitalisation amounts, which may
            differ from the applicable capital requirements, a reasoned explanation of such differences
            and of how the information has been taken into account in any such assessment
- SRB analysis, monitoring and timetable for compliance with MREL and the transitional period
- timetable for the update of the MREL determination
- information about the SRB starting any concrete preparatory work for resolution in accordance
  with Article 13(2) and (3) of the SRM Regulation and information on requirements the SRB has
  imposed on an Entity, such as the requirement to contact potential purchasers
- information regarding any requirement that SRB intends to impose on an Entity as part of its
  preparation for resolution, in particular to contact potential purchasers.
- notification when the SRB starts to draft a preliminary resolution scheme or imposes any
  requirement on the relevant NRA to draft such a scheme
- notification on the start of valuation and any results of that valuation
- notification of SRB intention to make a FOLTF assessment, and final decision on the FOLTF
  assessment, and any relevant information triggering and supporting the SRB decision to make a
  FOLTF assessment
- notification and all relevant information about the SRB’s intention to determine the conditions for
  resolution other than FOLTF
- notification and all relevant information about the SRB’s final determination of all conditions for
  resolution and the possible start of resolution proceedings
- SRB intention to make a FOLTF assessment (Article 21(1)(a) of the SRM Regulation) and
  assessment of the conditions mentioned in Article 21(1) (b) and (c) and (d) of the SRM Regulation
  concerning the power to write down or convert capital instruments in relation to an Entity
- SRB assessment and all relevant documentation with respect to the viability assessment as
  provided in in Article 21(1)(b), (c) and (d) of the SRM Regulation with regard to an Entity
- SRB determination laid down in Article 21(7) SRM Regulation, SRB valuation in accordance with
  Article 21(8) of the SRM Regulation and/or SRB instructions to national resolution authorities to
  exercise the write-down or conversion powers
- business reorganisation plan and any changes thereto, all documentation relevant for the
  respective SRB assessment prior to taking the final decision and the respective SRB assessment
- notification of the final approval of Business Reorganisation Plan
- progress report submitted to it by the management body or the person or persons appointed in
  accordance with Article 72(1) of Directive 2014/59/EU and other relevant information on the
  implementation of the business reorganisation plan and the institution’s compliance with the plan.
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2.2 OTHER INFORMATION /DATA REGARDING SIGNIFICANT INSTITUTIONS /GROUPS DIRECTLY SUPERVISED
       BY THE ECB
The following data/information is to be provided by the SRB to the ECB:
-    notification of an intended on-site inspection
-    notification of the SRB publication in accordance with Article 41 of the SRM Regulation of any
     decision to impose a penalty under Article 38(1) or Article 39(1) of the SRM Regulation
-    information on the results of the on-site inspection
-    annual work program for the following year
-    workplan for resolution planning cycle
-    calculation of the ex-ante contributions to the SRF, including the proposed individual contributions
     of Entities
-    information on irrevocable payment commitments in the context of SRF contributions
-    information on ex post contributions to the SRF
-    information on the ranking of claims against entities referred to in Article 2 of the SRM Regulation
     in national insolvency proceedings after the notification by Member States in accordance with
     Article 17(2) of the SRM Regulation
-    information on any non-binding cooperation agreements with third-country authorities, where
     possible
-    information with respect to any foreseen application for authorisation needed to take up the
     business of a credit institution, required due to the application of the sale of business tool and the
     bridge institution tool, if the SRB is competent to adopt the resolution scheme
-    notification as regards any foreseen acquisition of or increase in a qualifying holding in the entity
     due to the application of a resolution tool, if the SRB is competent to adopt the resolution scheme.
2.3 ADDITIONAL INFORMATION/DATA REGARDING SIGNIFICANT INSTITUTIONS /GROUPS DIRECTLY
       SUPERVISED BY THE ECB
Information that is not transmitted by the ECB to the SRB, but gathered by the SRB from
institutions/groups in accordance with the SRMR, including the following elements:
     -    information gathered via European Banking Authority reporting templates
     -    information on the institution’s governance, business model, interdependencies or structure
          and evaluation of separability
     -    information gathered regarding critical functions (CF) (including CF templates) and services,
          operational continuity and access to financial market infrastructures (FMI) (including FMI
          templates)
     -    information with respect to assets, liabilities, capital, revenue and risk situation and general
          liquidity and funding plan of the institution and its list of collateral
     -    analysis of loss-absorbing capacity and the eligible liabilities qualifying as MREL, including
          SRB liability data templates and any other data templates provided by banks for the purpose
          of MREL
     -    information/implementation plan for fulfilment of MREL requirement and on adequacy of
          transition period
     -    institution’s description of resolution Entity/Entities, determination of relevant scenarios,
          presentation of possible resolution strategy and its operationalisation and institution’s
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 ---pagebreak---                                                                       ECB-PUBLIC/SRB GREEN
  analytical description of the advantages and disadvantages of different resolution strategies,
  including any potential impediments to their implementation
- implementation plan for business and financial restructuring/separation plan, institution’s
  operational continuity plan in resolution and data provided by the institution for the
  communication plan including lists of contact persons.
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