580. TSCR is a legally binding requirement that institutions have to meet at all times, including in stressed conditions. If TSCR set in accordance with these guidelines is no longer met, the competent authorities should consider additional intervention powers in accordance with Directives 2013/36/EU and 2014/59/EU, including withdrawal of authorisation in accordance with Article 18(d) of Directive 2013/36/EU, application of early intervention measures in accordance with Article 27 of Directive 2014/59/EU and resolution actions in accordance with that Directive. When exercising those powers competent authorities should consider whether measures are proportionate to the circumstances and their judgement on how the situation is likely to develop.
581. A breach of TSCR should also be considered in determining if an institution is failing or likely to fail in accordance with Article 32(4)(a) of Directive 2014/59/EU and the EBA Guidelines on the interpretation of the different circumstances
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