S.L. 330.9 Art. 87General principles regarding decision- making involving more than one Member State.

When making decisions or taking action pursuant to these regulations, which may have an impact in one or more other

Member States, the Authority and the Resolution Committee shall have regard to the following general principles:

(a) the imperatives of efficacy of decision-making and of keeping resolution costs as low as possible when taking resolution action;

(b) that decisions are made and action is taken in a timely manner and with due urgency when required;

(c) that the Resolution Committee, the Authority and other relevant authorities cooperate with each other to ensure that decisions are made and action is taken in a coordinated and efficient manner;

(d) that the roles and responsibilities of the relevant authorities are defined clearly;

(e) that due consideration is given to the interests of the Member States where the Union parent undertakings are established, in particular the impact of any decision or action or inaction on the financial stability, fiscal resources, resolution fund, deposit guarantee scheme or investor compensation scheme of those Member States;

(f) that due consideration is given to the interests of each individual Member State where a subsidiary is established, in particular the impact of any decision or action or inaction on the financial stability, fiscal resources, resolution fund, deposit guarantee scheme or investor compensation scheme of those Member States;

(g) that due consideration is given to the interests of each Member State where significant branches are located, in particular the impact of any decision or action or inaction on the financial stability of those Member States;

(h) that due consideration is given to the objectives of balancing the interests of the various Member States involved and of avoiding unfairly prejudicing or unfairly protecting the interests of particular Member States, including avoiding unfair burden allocation across Member States;

(i) that any obligation under these regulations to consult an authority before any decision or action is taken implies at least an obligation to consult that authority on those elements of the proposed decision or action which have or which are likely to have:

(i) an effect on the Union parent undertaking, the subsidiary or the branch; and

(ii) an impact on the stability of the Member State where the Union parent undertaking, the subsidiary or the branch, is established or located;

(j) that the Resolution Committee, when taking resolution actions, takes into account and follows the resolution plans referred to in regulation 13 unless the Resolution Committee considers, taking into account the circumstances of the case, that the resolution objectives will be achieved more effectively by taking actions which are not provided for in the resolution plans;

(k) the requirement for transparency whenever a proposed decision or action is likely to have implications on the financial stability, fiscal resources, resolution fund, deposit guarantee scheme or investor compensation scheme of any relevant Member State; and

(l) recognition that coordination and cooperation are most likely to achieve a result which lowers the overall cost of resolution.