Procedure for group resolution plans where the resolution authority is the authority responsible for group resolution

(1) Where the resolution authority is responsible for group resolution, it decides on the group resolution plan jointly with the resolution authorities responsible for the subsidiary undertakings. Where a group consists of more than one resolution group, the planning of resolution actions referred to in section 46(3), first sentence, point 1, second half-sentence, is included in the joint decision under the first sentence.
(2) On application of a resolution authority responsible for the joint decision, the European Banking Authority may assist the resolution authorities in reaching agreement under Article 31, letter c, of Regulation (EU) No 1093/2010. This does not apply where one of the resolution authorities concerned comes to the assessment that the disputed matter has fiscal implications for the respective Member State. As the authority responsible for group resolution, the resolution authority should, in that case, initiate a reassessment of the group resolution plan, including the minimum requirements for own funds and eligible liabilities.
(3) Where no joint decision of the resolution authorities is reached within four months of the transmission, by the resolution authority, of the information and analyses referred to in section 46(5), the resolution authority decides on the group resolution plan alone. The decision must be reasoned and must take account of the views and reservations of other resolution authorities.
(4) The resolution authority communicates the decision to the EU parent undertaking. Where a resolution authority has, after the end of the four-month period, referred the matter to the European Banking Authority under Article 19 of Regulation (EU) No 1093/2010, the resolution authority defers its decision pending any decision of the European Banking Authority under Article 19(3) of Regulation (EU) No 1093/2010, and thereafter takes its decision in accordance with the decision of the European Banking Authority. The four-month period is to be regarded as a mediation phase within the meaning of Regulation (EU) No 1093/2010. Where the European Banking Authority does not take a decision within one month, the resolution authority's decision applies.
(5) The resolution authority takes its decision in accordance with the decision of the European Banking Authority under Article 19(3) of Regulation (EU) No 1093/2010, where, before the end of the four-month period, one of the resolution authorities concerned has referred the matter to the European Banking Authority under Article 19 of Regulation (EU) No 1093/2010. Where the European Banking Authority does not take a decision within one month, subsection (3) applies correspondingly.