in force 2026-06-11 MODIFIED+7 −10§
Amended by Regulation (EU) 2026/808 32026R0808
applies from: unchanged
In Article 32(1), the list of Directive 2014/59/EU articles that the Board follows when representing national resolution authorities has been changed from citing Articles 12 to 12k to citing Article 12 alone, and a new reference to Article 45h has been inserted into the list.
Cited: Art. 32, v2 · Art. 32, v1
text before / after
02014R0806-20251110 → 02014R0806-20260611
Article 32
Consultation of, and cooperation with, non-participating Member States and third countries
1. Where a group includes entities established in participating Member States as well as in non-participating Member States or third countries, without prejudice to any approval by the Council or the Commission required under this Regulation, the Board shall represent the national resolution authorities of the participating Member States for the purposes of consultation and cooperation with non-participating Member States or third countries in accordance with Articles 7, 8, 12 to 12k, 12, 13, 16, 18, 45h, 55, and 88 to 92 of Directive 2014/59/EU.
Where a group includes entities established in participating Member States and subsidiaries established, or significant branches located, in non-participating Member States, the Board shall communicate any plans, decisions or measures referred to in Articles 8, 10, 11, 12 and 13 relevant to the group to the competent authorities and/or the resolution authorities of the non-participating Member State, as appropriate.
2. The Board, the ECB and the resolution authorities and competent authorities of the non-participating Member States shall conclude memoranda of understanding describing in general terms how they will cooperate with one another in the performance of their tasks under Directive 2014/59/EU.
Without prejudice to the first subparagraph, the Board shall conclude a memorandum of understanding with the resolution authority of each non-participating Member State that is home to at least one global systemically important institution, identified as such pursuant to Article 131 of Directive 2013/36/EU.
3. Each memorandum shall be reviewed on a regular basis and shall be published subject to the requirements of professional secrecy.
4. The Board shall conclude, on behalf of the national resolution authorities of participating Member States, non-binding cooperation arrangements in line with the EBA framework cooperation arrangements referred to in Article 97(2) of Directive 2014/59/EU. The Board shall notify EBA of any such cooperation arrangement.