32026L0806#rec_33Directive (EU) 2026/806 of the European Parliament and of the Council

Recital (33)

Directive 2014/59/EU does not include dedicated rules on transitional arrangements and intermediate target levels for meeting the MREL after 2024. However, there are situations in which institutions or entities should not be immediately required to comply with a higher MREL set by the resolution authority, including those cases where the increase of the MREL results from material changes to the institution or entity due, for example, to mergers or acquisitions, or from changes to the preferred resolution strategy. In particular, where the preferred resolution strategy changes from a winding up under normal insolvency proceedings to the application of a resolution action, the institution or entity might not be able to immediately meet in full the MREL as set by the resolution authority. Resolution authorities should therefore be empowered to determine appropriate transitional periods for complying with the MREL. Moreover, resolution authorities should have the power to determine binding intermediate target levels for such institutions or entities, to ensure that they build up their MREL-eligible resources in an appropriate way. To protect legitimate expectations, transitional periods previously determined by resolution authorities on the basis of the rules applicable on the relevant date should not be affected by the new rules.

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