Question
Should the explicit inclusion of clauses referred to in data points c0150 to c0170 of Z08.01-Template and c0100 to c0120 of Z08.02-Template be required only for contracts governed by third-country law, considering that contracts governed by EU law are deemed resolution-resilient by virtue of the implementation of BRRD requirements in the national legislation of Member States?
Background on the question
Within the framework of the new EBA Resolution Reporting, the Z08 – Relevant Services Templates require separate reporting for each relevant service (Z08.01) and, where applicable, for each operational asset (Z08.02) assigned to a relevant service. These reports are intended to cover resolution-resilient features, clauses from business reorganisation plans, and alternative mitigation actions. The associated EBA ITS (EBA/ITS/2025/04) indicates that such clauses should be explicitly incorporated into contracts. If the inclusion of these clauses is mandatory for all contracts under the ITS, this would constitute a significant increase in requirements compared to the existing Operational Guidance on operational continuity. Furthermore, considering resolution strategies such as a sale of business (share deal) combined with bail-in, it is generally not necessary to verify or amend contracts in respect of these clauses, as service relationships would continue unchanged without a change of beneficiary/service receiving legal entity in such scenarios.
Answer
This question has been rejected because it does not fulfil the formal criteria for submission or the issue it raises is out of scope of the Q&A process and does not relate to the legislative acts referred to in Article 1(2) of the EBA Regulation and their associated delegated and implementing acts, guidelines and recommendations.