The resolution college shall exercise impairment and conversion powers in respect of a liability arising from a financial contract or derivative within the meaning of Article 2(5) of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 only on or after the liquidation of positions relating to such financial contracts or derivatives. Upon commencement of the resolution procedure, the resolution college may terminate the financial contracts or derivative contracts or liquidate the positions relating thereto.
When a commitment resulting from a financial contract or a contract mentioned in 4 to 10 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 has been excluded from the application of an internal bail-in measure implemented pursuant to II of Article L. 613-55-1, the resolution board is not required to terminate the aforementioned financial contracts or derivative contracts or to liquidate the positions relating thereto.
As part of the valuation carried out pursuant to Article L. 613-47, the resolution college or the independent expert shall take into account existing netting agreements and determine the respective obligations of the parties on a net basis in accordance with the stipulations of these agreements.