Procedure for group resolution plans where the resolution authority is not the authority responsible for group resolution

(1) Where the resolution authority is not the authority responsible for group resolution, but is the competent resolution authority for a subsidiary undertaking, it endeavours, after receiving the information and analyses referred to in section 46(5) from the authority responsible for group resolution, to reach, together with other resolution authorities and after coordination with the supervisory authority, a joint decision on a group resolution plan for the group undertakings within its competence.
(2) The resolution authority may request the assistance of the European Banking Authority and the resolution authorities, under Article 31, letter c, of Regulation (EU) No 1093/2010, in reaching agreement. 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.
(3) Where no joint decision of the resolution authorities on a group resolution plan is reached within four months of the date on which the authority responsible for group resolution transmitted the information and analyses referred to in section 46(5), the resolution authority, where it is responsible for a subsidiary undertaking and does not agree with the group resolution plan, takes its own decision. It determines, where applicable, the resolution entity for this purpose, draws up a resolution plan for the resolution group composed of the undertakings within its competence, and keeps that plan up to date. The decision must be comprehensively reasoned. In particular, the reasons for rejecting the proposed group resolution plan must be set out, and the views and reservations of the other resolution authorities and supervisory authorities must be taken into account. The resolution authority communicates its own decision under the first sentence to the other members of the resolution college.
(4) 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.