Single Resolution Mechanism
The Single Resolution Mechanism is one of the pillars of the European Union's banking union. The Single Resolution Mechanism entered into force on 19 August 2014 and is directly responsible for the resolution of the entities and groups directly supervised by the European Central Bank as well as other cross-border groups. The centralised decision making is built around the Single Resolution Board consisting of a Chair, a Vice Chair, four permanent members, and the relevant national resolution authorities.
Upon notification from the ECB that a bank is failing or likely to fail, the Board will adopt a resolution scheme including relevant resolution tools and any use of the Single Resolution Fund, established by the SRM Regulation No 806/2014. The Single Resolution Fund helps to ensure a uniform administrative practice in the financing of resolution within the SRM. By 1 January 2024, the available financial means of the SRF will reach the target level of at least 1% of the amount of covered deposits of all credit institutions authorised in all of the participating Member States.
A Single Resolution Fund to finance the restructuring of failing credit institutions was established as an essential part of the SRM by a complementary intergovernmental agreement, after its ratification. If it is decided to resolve a bank facing serious difficulties, its resolution will be managed efficiently, at minimum costs to taxpayers and the real economy. In extraordinary circumstances, the Single Resolution Fund, financed by the banking sector itself, can be accessed. The SRF is established under the control of the SRB. The total target size of the Fund will equal at least 1% of the covered deposits of all banks in Member States participating in the Banking Union. The SRF is to be built up over eight years, beginning in 2016.
History
The SRM was enacted through a Regulation and an Intergovernmental Agreement which are titled:- Regulation of the European Parliament and of the Council 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 and a Single Bank Resolution Fund and amending Regulation No 1093/2010 of the European Parliament and of the Council
- Agreement on the transfer and mutualisation of contributions to the Single Resolution Fund.
The Parliament and the Council of the European Union reached an agreement on the Regulation on 20 March 2014. The European Parliament approved the Regulation on 15 April 2014, and the Council followed suit on 14 July, leading to its entry into force on 19 August 2014. The SRM automatically applies to all SSM members, and states which do not participate in the SSM cannot participate in the SRM.
The IGA was signed by 26 EU member states on 21 May 2014 and is open to accession to any other EU member states. It was to enter into force on the first day of the second month following the deposit of instruments of ratification by states representing at least 90% of the weighted vote of SSM and SRM participating states, and was applied from 1 January 2016, since the Regulation had entered into force, but only to SSM and SRM participating states.
Some of the provisions of the Regulation were applied from 1 January 2015, but the authority to carry out bank resolutions did not apply until 1 January 2016, and were subject to the entry into force of the IGA.
Proposal and reactions
The European Commission argued that centralizing the resolution mechanism for the participating states will allow for more coordinated and timely decisions to be made on weak banks. Internal Market and Services Commissioner Michel Barnier stated that "by ensuring that supervision and resolution are aligned at a central level, whilst involving all relevant national players, and backed by an appropriate resolution funding arrangement, it will allow bank crises to be managed more effectively in the banking union and contribute to breaking the link between sovereign crises and ailing banks."Ratings Agencies have stated their approval of the measure and believe it will cause European ratings and credit to rise as it will limit the impact of a bank failure. Critics have stated their concerns that this mechanism will result in sovereign states' taxpayers' money being used to pay off other nation's bank failures.
Functioning
The SRM allows for troubled banks operating under the SSM to be restructured with a variety of tools including bailout funds from the centralized SRF, valued at at least 1% of covered deposits of all credit institutions authorised in all the participating member states, which would be filled with contributions by participating banks during an eight-year establishment phase. This would help to alleviate the impact of failing banks on the sovereign debt of individual states. The SRM also handles the winding down of non-viable banks. The Single Resolution Board is directly responsible for the resolution of significant banks under ECB supervision, as well as other cross border groups, while national authorities will take the lead in smaller banks.Like the SSM, the SRM Regulation will cover all banks in the eurozone, with other states eligible to join. The text of the Regulation approved by the European Parliament stipulates that all states participating in the SSM, including those non-eurozone states with a "close cooperation" agreement, will automatically be participants in the SRM.
The IGA states that the intention of the signatories is to incorporate the IGA's provisions into EU structures within 10 years.
Single Resolution Board
The Single Resolution Board was established in 2014 by Regulation No 806/2014 on the Single Resolution Mechanism and began work on 1 January 2015. It became fully responsible for resolution on 1 January 2016 and was henceforth the resolution authority for around 143 significant banking groups as well as any cross border banking group established within participating Member States.Resolution is the restructuring of a bank by a resolution authority through the use of resolution tools in order to safeguard public interests, including the continuity of the bank’s critical functions and financial stability, at minimal costs to taxpayers.
The Single Resolution Board's main tasks are:
- To draft resolution plans for the banks under its direct responsibility. This includes the banks under the direct supervision of the SSM and all cross-border groups
- To carry out an assessment of the banks’ resolvability and to adopt resolution plans
- To address any obstacles to resolution and cooperate on resolving them
- To set the minimum requirements for own funds and eligible liabilities
- To follow up on early intervention measures
- To trigger resolution
- To adopt resolution decisions; to choose and decide on the use of resolution tools
- To closely cooperate with, and give instructions, to national resolution authorities
IGA ratification
No requests to enter into "close cooperation" were made by non-eurozone states in 2017.
Member state | QM votes | QM weight | Ratification |
29 | 19 June 2015 | ||
29 | 28 October 2015 | ||
29 | 30 November 2015 | ||
27 | – | – | |
27 | 15 October 2015 | ||
14 | – | 2 March 2017 | |
13 | 11 November 2015 | ||
12 | 27 November 2015 | ||
12 | – | – | |
12 | 4 December 2015 | ||
12 | – | 29 December 2015 | |
12 | 23 October 2015 | ||
10 | 17 November 2015 | ||
10 | – | 13 December 2018 | |
7 | – | – | |
7 | – | – | |
7 | 24 June 2015 | ||
7 | 26 November 2015 | ||
7 | 25 November 2015 | ||
7 | 4 February 2015 | ||
4 | 14 October 2015 | ||
4 | 25 November 2015 | ||
4 | 4 December 2014 | ||
4 | 5 February 2016 | ||
4 | 25 November 2015 | ||
3 | 30 November 2015 | ||
313 | 22 states |