S.L. 330.9 Art. 12Group resolution plans.

(1)The Resolution Committee shall, in its capacity as the group-level resolution authority, together with the European resolution authorities of subsidiaries, or in its capacity as the resolution authority of a subsidiary, together with the European resolution authority acting as the group-level resolution authority and the European resolution authorities of other subsidiaries, if any, and after consulting the European resolution authorities of significant branches, insofar as is relevant to the significant branch, draw up group resolution plans. The group resolution plan shall identify measures to be taken in respect of:

(a) the Union parent undertaking;

(b) the subsidiaries that are part of the group and that are established in the European Union;

(c) the entities referred to in paragraphs (c) and (d) of the definition "entity" in regulation 2(1); and

(d) subject to Title VI of the BRRD, the subsidiaries that are part of the group and that are established outside the European Union;

Provided that, the resolution plan shall identify for each group, the resolution entities and the resolution groups.

(2) The group resolution plan shall be drawn up on the basis of the information provided pursuant to regulation 11.

(3) The group resolution plan shall:

(a) set out the resolution actions that are to be taken for resolution entities in the scenarios referred to in regulation 10(3), and the implications of those resolution actions in respect of other group entities referred to in paragraphs (b), (c) and (d) of the definition "entity" in regulation 2(1), the parent undertaking and subsidiary institutions;

(aa) where a group comprises more than one resolution group, set out the resolution actions that are to be taken from the resolution entities of each resolution group and the implications of those actions on both the following:

(i) other group entities that belong to the same resolution group; and

(ii) other resolution groups;

(b) examine the extent to which the resolution tools could be applied and the resolution powers exercised, with respect to resolution entities established in the European Union in a coordinated manner, including measures to facilitate the purchase by a third party of the group as a whole, of separate business lines or activities that are provided by a number of group entities, or of particular group entities or resolution groups, and identify any potential impediments to a coordinated resolution;

(c) where a group includes entities incorporated in third countries, identify appropriate arrangements for cooperation and coordination with the relevant authorities of those third countries and the implications for resolution within the European Union;

(d) identify measures, including the legal and economic separation of particular functions or business lines, that are necessary to facilitate group resolution when the conditions for resolution are met;

(e) set out any additional actions, not referred to in these regulations, which the relevant European resolution authorities intend to take in relation to the entities within each resolution group;

(f) identify how the group resolution actions could be financed and, where the financing arrangement would be required, set out principles for sharing responsibility for that financing between sources of funding in different Member States. The plan shall not assume any of the following:

(i) extraordinary public financial support besides the use of the financing arrangements established in accordance with regulation 100;

(ii) central bank emergency liquidity assistance; or

(iii) central bank liquidity assistance provided under non-standard collateralisation, tenor and interest rate terms: Provided that those principles shall be set out on the basis of equitable and balanced criteria and shall take into account, in particular, regulation 107(5) and the impact on financial stability in Malta and in all the Member States concerned.

(4) The assessment of the resolvability of the group under Article 16 of the BRRD shall be carried out at the same time as the drawing up and updating of the group resolution plan in accordance with this regulation. A detailed description of the assessment of resolvability carried out in accordance with Article 16 of the BRRD shall be included in the group resolution plan.

(5) The group resolution plan shall not have a disproportionate impact on any Member State.