S.L. 330.9 Art. 97Cooperation with third-country authorities.

(1) This regulation shall apply in respect of cooperation with a third country unless and until an international agreement as referred to in Article 93(1) of the BRRD enters into force with the relevant third country. It shall also apply following the entry into force of an international agreement provided for in Article 93(1) of the BRRD with the relevant third country to the extent that the subject matter of this regulation is not governed by that agreement.

(2) The Authority or the Resolution Committee, where appropriate, shall conclude non-binding cooperation arrangements in line with the EBA framework arrangement with the relevant third-country authorities indicated in Article 97(2) of the BRRD: Provided that this regulation shall not prevent the Authority from concluding bilateral or multilateral arrangements with third countries, in accordance with Article 33 of Regulation (EU) No 1093/2010.

(3) Cooperation arrangements concluded between the Resolution Committee and third countries in accordance with this regulation may include provisions on the following matters:

(a) the exchange of information necessary for the preparation and maintenance of resolution plans;

(b) consultation and cooperation in the development of resolution plans, including principles for the exercise of powers under regulations 94 and 96 and similar powers under the law of the relevant third countries;

(c) the exchange of information necessary for the application of resolution tools and exercise of resolution powers and similar powers under the law of the relevant third countries;

(d) early warning to or consultation of parties to the cooperation arrangement before taking any significant action under these regulations or relevant third-country law affecting the institution or group to which the arrangement relates;

(e) the coordination of public communication in the case of joint resolution actions;

(f) procedures and arrangements for the exchange of information and cooperation under paragraphs (a) to (e), including, where appropriate, through the establishment and operation of crisis management groups.

(4) The Resolution Committee and the Authority shall notify the EBA of any cooperation arrangements concluded in accordance with this regulation.