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Part 5 · Special Provisions for Central Counterparties › Section 152i

Authorisation to issue statutory instruments

(1) The Federal Ministry of Finance is authorised to issue, by statutory instrument not requiring the consent of the Bundesrat, more detailed provisions on
1. the requirements for the design of recovery plans, in particular more detailed provisions on the components and measures of the recovery plan, having regard, in each case, also to the particular business models and particular business activities of central counterparties;
2. the manner, scope, and time limits for remedying impediments under Article 10(10) of Regulation (EU) 2021/23;
3. the manner in which a conversion or write-down of instruments of ownership and debt instruments or other unsecured liabilities, and a cancellation or dilution, under Article 33(2), second subparagraph, of Regulation (EU) 2021/23, is effected;
4. the circumstances in which the resolution authority may, under Article 41(3) of Regulation (EU) 2021/23, apply the business sale tool even where the marketing criteria are not satisfied;
5. the content of the provisions required, under Article 53(2) of Regulation (EU) 2021/23, in contracts and other agreements.
(2) The Federal Ministry of Finance may transfer the authorisation under subsection (1), by statutory instrument, to the supervisory authority and to the resolution authority.

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