Commission Implementing Regulation (EU) No 650/2014 of 4 June 2014 laying down implementing technical standards with regard to the format, structure, contents list and annual publication date of the information to be disclosed by competent authorities in accordance with Directive 2013/36/EU of the European Parliament and of the Council Text with EEA relevance
Article 1
Laws, regulations, administrative rules and general guidance
Competent authorities shall, pursuant to Article 143(1)(a) of Directive 2013/36/EU, publish the information on texts of laws, regulations, administrative rules and general guidance adopted in their Member State in the field of prudential regulation using the applicable forms set out in parts 1 to 8 of Annex I.
Article 2
Options and discretions
Competent authorities shall, pursuant to Article 143(1)(b) of Directive 2013/36/EU, publish the information on the manner of exercising the options and discretions available in Union law using the applicable forms set out in Parts 1 to 12 of Annex II.
Article 3
General criteria and methodologies for supervisory review and evaluation process
Competent authorities shall, pursuant to Article 143(1)(c) of Directive 2013/36/EU, publish information on the general criteria and methodologies they use in the supervisory review and evaluation referred to in Article 97 of that Directive using the form set out in Annex III.
Article 4
Aggregate statistical data
Competent authorities shall, pursuant to Article 143(1)(d) of Directive 2013/36/EU, publish the information on aggregate statistical data on key aspects of the implementation of the prudential framework using the forms set out in parts 1 to 6 of Annex IV.
Article 5
Annual publication date
Competent authorities shall publish the information listed in Article 143(1) of Directive 2013/36/EU at a single electronic location for the first time by 31 July 2014.
Competent authorities shall update the information referred to in Article 143(1), point (d), of that Directive by 30 June of each year. That information shall cover the preceding calendar year.
Competent authorities shall, for the institutions subject to their prudential supervision, update the information referred to in Article 143(1), points (a) to (c), of that Directive on a regular basis, and in any event by 30 June of each year, unless there is no change in the information last published.
Article 6
Final provisions
This Regulation shall enter into force on the the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Part 1
Transposition of Directive 2013/36/EU
| Transposition of provisions of Directive 2013/36/EU | Provisions of Directive 2013/36/EU | Links to national text (1) | Reference(s) to national provisions (2) | Available in EN (Y/N) | |
|---|---|---|---|---|---|
| 010 | Date of the last update of information in this template | (dd/mm/yyyy) | |||
| 020 | I. Subject matter, scope and definitions | Articles 1 to 3 | |||
| 030 | II. Competent authorities | Articles 4 to 7 | |||
| 040 | III. Requirements for access to the activity of credit institutions | Articles 8 to 27 | |||
| 050 | 1. General requirements for access to the activity of credit institutions | Articles 8 to 21b | |||
| 060 | 2. Qualifying holding in a credit institution | Articles 22 to 27 | |||
| 080 | V. Provisions concerning the freedom of establishment and the freedom to provide services | Articles 33 to 46 | |||
| 090 | 1. General principles | Articles 33 to 34 | |||
| 100 | 2. The right of establishment of credit institutions | Articles 35 to 38 | |||
| 110 | 3. Exercise of the freedom to provide services | Article 39 | |||
| 120 | 4. Powers of the competent authorities of the host Member State | Articles 40 to 46 | |||
| 130 | VI. Relations with third countries | Articles 47 to 48 | |||
| 140 | VII. Prudential supervision | Articles 49 to 142 | |||
| 150 | 1. Principles of prudential supervision | Articles 49 to 72 | |||
| 160 | 1.1 Competence and duties of home and host Member States | Articles 49 to 52 | |||
| 170 | 1.2 Exchange of information and professional secrecy | Articles 53 to 62 | |||
| 180 | 1.3 Duty of persons responsible for the legal control of annual and consolidated accounts | Article 63 | |||
| 190 | 1.4 Supervisory powers, powers to impose penalties and right of appeal | Articles 64 to 72 | |||
| 200 | 2. Review processes | Articles 73 to 110 | |||
| 210 | 2.1 Internal capital adequacy assessment process | Article 73 | |||
| 220 | 2.2 Arrangements, processes and mechanisms of institutions | Articles 74 to 96 | |||
| 230 | 2.3 Supervisory review and evaluation process | Articles 97 to 101 | |||
| 240 | 2.4 Supervisory measures and powers | Articles 102 to 107 | |||
| 250 | 2.5 Level of application | Articles 108 to 110 | |||
| 260 | 3. Supervision on a consolidated basis | Articles 111 to 127 | |||
| 270 | 3.1 Principles for conducting supervision on a consolidated basis | Articles 111 to 118 | |||
| 280 | 3.2 Financial holding companies, mixed financial holding companies and mixed-activity holding companies | Articles 119 to 127 | |||
| 290 | 4. Capital buffers | Articles 128 to 142 | |||
| 300 | 4.1 Buffers | Articles 128 to 134 | |||
| 310 | 4.2 Setting and calculating countercyclical capital buffers | Articles 135 to 140 | |||
| 320 | 4.3 Capital conservation measures | Articles 141 to 142 | |||
| 330 | VIII. Disclosure by competent authorities | Articles 143 to 144 | |||
| 340 | IX. Amendments of Directive 2002/87/EC | Article 150 | |||
| 350 | X. Transitional and final provisions | Articles 151 to 165 | |||
| 360 | 1. Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services | Articles 151 to 159 | |||
| 361 | 1a. Transitional provisions on financial holding companies and mixed financial holding companies | Article 159a | |||
| 370 | 1. Transitional provisions for capital buffers | Article 160 | |||
| 380 | 2. Final provisions | Articles 161 to 165 | |||
| (1) Hyperlink(s) to the website containing the national text transposing the Union provision in question. (2) Detailed references to the national provisions, such as relevant Title, Chapter, paragraph, etc. |
Part 2
Model approval
| 010 | Date of the last update of information in this template | (dd/mm/yyyy) |
|---|---|---|
| Description of the approach | ||
| Supervisory approach for the approval of the use of Internal Ratings Based (IRB) Approach to calculate minimum capital requirements for credit risk | ||
| 020 | Minimum documentation to be provided by the institutions applying for the use of IRB approach | [free text] |
| 030 | Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment | [free text] |
| 040 | Form of the decisions taken by the competent authority and communication of the decisions to applicants | [free text] |
| Supervisory approach for the approval of the use of Internal Model Approach (IMA) to calculate minimum capital requirements for market risk | ||
| 050 | Minimum documentation to be provided by the institutions applying for the use of IMA approach | [free text] |
| 060 | Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment | [free text] |
| 070 | Form of the decisions taken by the competent authority and communication of the decisions to applicants | [free text] |
| Supervisory approach for the approval of the use of Internal Model Method (IMM) to calculate minimum capital requirements for counterparty credit risk | ||
| 080 | Minimum documentation to be provided by the institutions applying for the use of IMM approach | [free text] |
| 090 | Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment | [free text] |
| 100 | Form of the decisions taken by the competent authority and communication of the decisions to applicants | [free text] |
| Supervisory approach for the approval of the use of Advanced Measurement Approach (AMA) to calculate minimum capital requirements for operational risk | ||
| 110 | Minimum documentation to be provided by the institutions applying for the use of AMA approach | [free text] |
| 120 | Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment | [free text] |
| 130 | Form of the decisions taken by the competent authority and communication of the decisions to applicants | [free text] |
Part 3
Specialised lending exposures
| Regulation (EU) No 575/2013 | Provisions | Information to be provided by the competent authority | |
|---|---|---|---|
| 010 | Date of the last update of the information in this template | (dd/mm/yyyy) | |
| 020 | Article 153(5) | Has the competent authority published guidance to specify how institutions should take into account the factors referred to in paragraph 5 of Article 153 when assigning risk weights to specialised lending exposures? | [Yes/No] |
| 030 | If so, please provide the reference to the national guidance | [reference to national text] | |
| 040 | Is the national guidance available in English? | [Yes/No] |
Part 4
Credit risk mitigation
| Regulation (EU) No 575/2013 | Provisions | Description | Information to be provided by the competent authority | ||
|---|---|---|---|---|---|
| 010 | Date of the last update of the information in this template | (dd/mm/yyyy) | |||
| 020 | Article 201(2) | Publication of the list of financial institutions that are eligible providers of unfunded credit protection or guiding criteria for identifying these financial institutions | Competent authorities shall publish and maintain the list of financial institutions that are eligible providers of unfunded credit protection under point (f) of Article 201(1) of Regulation (EU) No 575/2013 or the guiding criteria for identifying such eligible providers | List of the financial institutions or guiding criteria for their identification | [free text – a hyperlink to such list or guiding criteria on the competent authority’s website can be provided] |
| 030 | Description of the applicable prudential requirements | Competent authorities shall publish a description of the applicable prudential requirements together with the list of the eligible financial institutions or the guiding criteria for identifying these financial institutions | Description of the prudential requirements applied by the competent authority | [free text] | |
| 040 | Article 227(2), point (e) | Condition for applying a 0 % volatility adjustment | Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the transaction is settled in a settlement system proven for that type of transaction | Detailed description on how the competent authority considers the settlement system as a proven system | [free text] |
| 050 | Article 227(2), point (f) | Condition for applying a 0 % volatility adjustment | Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the documentation covering the agreement or transaction is standard market documentation for repurchase transactions or securities lending or borrowing transactions in the securities concerned | Specification of the documentation to be considered as standard market documentation | [free text] |
| 060 | Article 229(1) | Valuation principles for immovable property collateral under the IRB approach | The immovable property may be valued by an independent valuer at or at less than the mortgage lending value in the Member States that have laid down rigorous criteria for the assessment of this mortgage lending value in statutory or regulatory provisions | Criteria set out in the national legislation for the assessment of the mortgage lending value | [free text] |
Part 5
Specific disclosure requirements applied to institutions
| Directive 2013/36/EU | Regulation (EU) No 575/2013 | Provision | Information to be provided by the competent authority | ||
|---|---|---|---|---|---|
| 010 | Date of the last update of information in this template | (dd/mm/yyyy) | |||
| 020 | Article 106(1), point (a) | Competent authorities may require institutions to publish information referred to in Part Eight of Regulation (EU) No 575/2013 more than once per year, and to set deadlines for publication | Frequency and deadlines for publication applicable to institutions | [free text] | |
| 030 | Article 106(1), point (b) | Competent authorities may require institutions to use specific media and locations for publications other than the financial statements | Types of specific media to be used by institutions | [free text] |
Part 6
Waivers for the application of prudential requirements
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