Skip to main content
Version status: Entered into force | Document consolidation status: No known changes
Version date: 21 June 2016 - onwards
Version 2 of 2

Article 8 Exclusion on grounds of avoidance of widespread contagion under Article 44(3)(c) of Directive 2014/59/EU

1. When considering exclusions based on the risk of direct contagion pursuant to Article 44(3)(c) of Directive 2014/59/EU, resolution authorities should assess, to the maximum extent possible, the interconnectedness of the institution under resolution with its counterparties.

The assessment referred to in the first subparagraph shall include all of the following:

(a) consideration of exposures to relevant counterparties with regard to the risk that bail-in of such exposures might cause knock-on failures;

(b) the systemic importance of counterparties which are at risk of failing, in particular with regard to other financial market participants and financial market infrastructure providers.

2. When considering exclusions based on the risk of indirect contagion pursuant to Article 44(3)(c) of Directive 2014/59/EU, the resolution authority shall assess, to the maximum extent possible, the need and proportionality of the exclusion based on multiple objective relevant indicators. Indicators which may be relevant to the case include the following:

(a) number, size and interconnectedness of institutions with similar characteristics as the institution under resolution, insofar as that could give rise to widespread lack of confidence in the banking sector or the broader financial system;