I. – When the preventive resolution plans are drawn up and each time they are updated, the resolution board shall assess the extent to which the persons concerned can either be wound up in accordance with the procedures set out in II of Article L. 613-31-2, or be subject to one or more of the resolution measures mentioned in sub-section 10 of this section, while ensuring the continuity of critical functions and without causing, as far as possible, any significant negative impact, including general financial instability or systemic events, on the French financial system or on that of the Member States in which subsidiaries or branches of the group are established.
Where the persons concerned do not belong to a group, the collège de résolution shall carry out the assessment referred to in the first paragraph after obtaining the opinion of the collège de supervision and, where applicable, the resolution authorities responsible for branches of significant importance.
Where the persons concerned belong to a group, the College of Resolution shall carry out the assessment referred to in the first subparagraph together with the resolution authorities of the other Member States concerned, within a college of resolution authorities. Where the group comprises several resolution groups, the resolution college shall also carry out the assessment referred to above for each of these resolution groups within the same college.
The assessment is attached to the preventive resolution plan.
II. – For the purposes of the assessment referred to in I, no account is taken of :
1° Exceptional public financial support, with the exception of assistance from the deposit guarantee and resolution fund under the conditions set out in III and IV of Article L. 312-5;
2° Emergency liquidity provided by a central bank;
3° Liquidity provided by a central bank on non-conventional terms, in terms of collateralisation, maturity and interest rate.
III. – The criteria taken into account to carry out the assessment referred to in I are specified by order of the Minister for the Economy.
IV. – When the resolution college cannot conclude, following the assessment mentioned in I, that a credit institution, an investment firm or a group can be wound up or be the subject of resolution measures under the conditions mentioned in I above, it shall inform the European Banking Authority.