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Commission Implementing Regulation (EU) 2019/912 of 28 May 2019 amending Implementing Regulation (EU) No 650/2014 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.)

Type Implementing Regulation
Publication 2019-06-05
State In force
Text As published
Department European Commission, FISMA
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
5.6.2019 EN Official Journal of the European Union L 146/3

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC 1, and in particular Article 143(3) thereof,

Whereas:

  • (1) Commission Implementing Regulation (EU) No 650/2014 2 specifies the format, structure, contents list and annual publication date of the information to be published by competent authorities in accordance with Article 143 of Directive 2013/36/EU. The information required to be published by competent authorities in accordance with that Implementing Regulation should now be updated to ensure consistency with changes that have been made to the framework for prudential supervision of institutions.
  • (2) It is important that the information published by competent authorities is of high quality and easily comparable. Article 5 of Implementing Regulation (EU) No 650/2014 should therefore be amended to clarify that competent authorities should only compile aggregate statistical data from institutions that fall under their supervision, and to clarify for which period data should be reported.
  • (3) Annex I to Implementing Regulation (EU) No 650/2014 sets out the templates for publishing information on the laws, regulations, administrative rules and general guidance adopted in each Member State. That Annex should be amended to provide more useful and relevant information on how competent authorities carry out supervision in their jurisdictions.
  • (4) Annex II to Implementing Regulation (EU) No 650/2014 sets out the templates for publishing information on the options and discretions available in Union Law. That Annex should be amended to cover additional options and discretions stemming from Commission Delegated Regulation (EU) 2015/61 3. It should also be amended to allow for the distinction between the transitional or permanent nature of those options and discretions, and to allow for the distinction between the application of those options and discretions to, on the one hand, credit institutions and, on the other hand, investment firms.
  • (5) The implementation of the EBA Guidelines on the supervisory review and evaluation process (SREP) 4 should be more transparent. Annex III to Implementing Regulation (EU) No 650/2014 should therefore be amended to include a description of the supervisory approach to the internal liquidity adequacy assessment process (ILAAP).
  • (6) Overlaps should be avoided and the comparability of the aggregate statistical data published by competent authorities should be improved. Annex IV to Implementing Regulation (EU) No 650/2014 should therefore be amended to take into account the level of prudential consolidation applied by institutions in accordance with Chapter 2 of Title II of Part One of Regulation (EU) No 575/2013 of the European Parliament and of the Council 5.
  • (7) To improve the quality of the published information and to allow for a more meaningful comparison of that information, the templates in the Annexes to Implementing Regulation (EU) No 650/2014 should contain detailed guidance and instructions.
  • (8) This Regulation is based on the draft implementing technical standards submitted by the European Banking Authority to the Commission.
  • (9) EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits, and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council 6.
  • (10) Implementing Regulation (EU) No 650/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 650/2014 is amended as follows:

  • (1) in Article 5, the second and third paragraphs are replaced by the following:

‘Competent authorities shall update the information referred to in point (d) of Article 143(1) of that Directive by 31 July 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 points (a) to (c) of Article 143(1) of that Directive on a regular basis, and in any event by 31 July of each year, unless there is no change in the information last published.’;

  • (2) Annex I is replaced by the text in Annex I to this Regulation;
  • (3) Annex II is replaced by the text in Annex II to this Regulation;
  • (4) Annex III is replaced by the text in Annex III to this Regulation;
  • (5) Annex IV is replaced by the text in Annex IV to this Regulation.

Article 2

This Regulation shall enter into force on 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.

Done at Brussels, 28 May 2019.

For the Commission

The President

Jean-Claude JUNCKER

2

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 (OJ L 185, 25.6.2014, p. 1).

3

Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and the Council with regard to liquidity coverage requirement for Credit Institutions (OJ L 11, 17.1.2015, p. 1).

4

Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) of 19 December 2014, EBA/GL/2014/13.

5

Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

6

Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

ANNEX I

RULES AND GUIDANCE

List of templates
Part 1 Transposition of Directive 2013/36/EU
Part 2 Model approval
Part 3 Specialised lending exposures
Part 4 Credit risk mitigation
Part 5 Specific disclosure requirements applied to institutions
Part 6 Waivers for the application of prudential requirements
Part 7 Qualifying holdings in a credit institution
Part 8 Regulatory and financial reporting

General remarks on filling in templates in Annex I

When publishing information on the general criteria and methodologies, competent authorities shall not disclose any supervisory measures directed at specific institutions, whether taken with respect to a single institution or to a group of institutions.

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 text7 Reference(s) to national provisions8 Available in EN (Y/N)
010 Date of the last update of information in this template (dd/mm/yyyy) (dd/mm/yyyy) (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 21
060 2. Qualifying holding in a credit institution Articles 22 to 27
070 IV. Initial capital of investment firms Articles 28 to 32
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
370 2. Transitional provisions for capital buffers Article 160
380 3. Final provisions Articles 161 to 165
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 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 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 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 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 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 Article 153(5) If so, please provide the reference to the national guidance [reference to national text]
040 Article 153(5) 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 Information to be provided by the competent authority
010 Date of the last update of the information in this template Date of the last update of the information in this template Date of the last update of the information in this template 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 Article 201(2) 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)(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)(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 Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template (dd/mm/yyyy)
020 Article 106(1)(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)(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]
040 Article 13(1) and (2) Significant subsidiaries and those which are of material significance for their local market shall disclose information specified in Part Eight of Regulation (EU) No 575/2013 on an individual or sub-consolidated basis. Criteria applied by the competent authority to assess the significance of a subsidiary [free text]
PART 6
Waivers for the application of prudential requirements
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 Date of the last update of the information in this template Date of the last update of the information in this template Date of the last update of the information in this template (dd/mm/yyyy)
020 Article 7(1) and (2) (Individual waivers for subsidiaries) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The waiver may be granted to any subsidiary provided that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities by its parent undertaking pursuant to point (a) of Article 7(1). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text]
030 Article 7(3) (Individual waivers for parent institutions) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The waiver may be granted to a parent institution provided that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities to the parent institution pursuant to point (a) of Article 7(3). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text]
040 Article 8 (Liquidity waivers for subsidiaries) Exemption from the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 The waiver may be granted to institutions within a sub-group provided that these institutions have entered into contracts that, to the satisfaction of the competent authorities, provide for the free movement of funds between them to enable them to meet their individual and joint obligations as they become due pursuant to point (c) of Article 8(1). Criteria applied by the competent authority to assess whether the contracts provide for free movement of funds between the institutions in a liquidity sub-group [free text]
050 Article 9(1) (Individual consolidation method) Permission granted to parent institutions to incorporate subsidiaries in the calculation of their prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The permission is granted only where the parent institution demonstrates fully to the competent authorities that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds, or repayment of liabilities when due by the subsidiary incorporated in the calculation of requirements to its parent institution pursuant to Article 9(2). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text]
060 Article 10 (Credit institutions permanently affiliated to a central body) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 Member States may maintain and make use of existing national legislation regarding the application of the waiver as long as it does not conflict with the Regulation (EU) No 575/2013 or Directive 2013/36/EU Applicable national law / regulation regarding the application of the waiver [reference to national text]
PART 7
Qualifying holdings in a credit institution
Directive 2013/36/EU Assessment criteria and information that is necessary for assessing the suitability of the proposed acquirer seeking to acquire a credit institution and the financial soundness of the proposed acquisition Information to be provided by the competent authority
010 Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template (dd/mm/yyyy)
020 Article 23(1)(a) Reputation of the proposed acquirer Description on how the competent authority assesses the integrity of the proposed acquirer [free text]
030 Article 23(1)(a) Reputation of the proposed acquirer Description on how the competent authority assesses the professional competence of the proposed acquirer [free text]
040 Article 23(1)(a) Reputation of the proposed acquirer Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text]
050 Article 23(1)(b) Reputation, knowledge, skills and experience of any member of the management body or senior management who will direct the business of the credit institution Description on how the competent authority assesses the reputation, knowledge, skills and experience of members of management body and senior managers [free text]
060 Article 23(1)(c) Financial soundness of the proposed acquirer Description on how the competent authority assesses the financial soundness of the proposed acquirer [free text]
070 Article 23(1)(c) Financial soundness of the proposed acquirer Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text]
080 Article 23(1)(d) Compliance of the credit institution with the prudential requirements Description on how the competent authority assesses whether or not the credit institution will be able to comply with the prudential requirements [free text]
090 Article 23(1)(e) Suspicion of money laundering or terrorist financing Description on how the competent authority assesses whether or not there are reasonable grounds to suspect money laundering or terrorist financing [free text]
100 Article 23(1)(e) Suspicion of money laundering or terrorist financing Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text]
110 Article 23(4) List specifying the information to be provided to the competent authorities at the time of notification List of information that must be provided by the proposed acquirer at the time of notification in order for the competent authority to carry out the assessment of the proposed acquirer and the proposed acquisition [free text]
PART 8
Regulatory and financial reporting
010 Date of the last update of information in this template (dd/mm/yyyy)
020 Implementation of the reporting on financial information in accordance with the Commission Implementing Regulation 680/2014 Implementation of the reporting on financial information in accordance with the Commission Implementing Regulation 680/2014
030 Is the application of the requirement set out in Article 99(2) of Regulation (EU) No 575/2013 extended to institutions which do not apply international accounting standards as applicable under Regulation (EC) No 1606/2002? [Yes/No]
040 If so, what accounting frameworks apply to these institutions? [free text]
050 If so, which is the level of application of the reporting? (solo/consolidated/sub-consolidated basis) [free text]
060 Is the application of requirements set out in Article 99(2) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms? [Yes/No]
070 If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements? [free text]
080 If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)? [free text]
090 Are XBRL standards used for submitting the reporting to the competent authority? [Yes/No]
100 Implementation of the reporting on own funds and own funds requirements in accordance with the Commission Implementing Regulation 680/2014 Implementation of the reporting on own funds and own funds requirements in accordance with the Commission Implementing Regulation 680/2014
110 Is the application of requirements set out in Article 99(1) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms? [Yes/No]
120 If so, what accounting frameworks apply to these financial entities? [free text]
130 If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements? [free text]
140 If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)? [free text]
150 Are XBRL standards used for submitting the reporting to the competent authority? [Yes/No]
7

Hyperlink(s) to the website containing the national text transposing the Union provision in question.

8

Detailed references to the national provisions, such as relevant Title, Chapter, paragraph etc.

ANNEX II

OPTIONS AND DISCRETIONS

List of templates
Part 1 Options and discretions set out in Directive 2013/36/EU, Regulation (EU) No 575/2013 and LCR Delegated Regulation (EU) 2015/61
Part 2 Transitional options and discretions set out in Directive 2013/36/EU and Regulation (EU) No 575/2013
Part 3 Variable elements of remuneration (Article 94 of Directive 2013/36/EU)

Competent authorities shall not disclose supervisory actions or decisions directed at specific institutions. When publishing information on the general criteria and methodologies, competent authorities shall not disclose any supervisory measures directed at specific institutions, whether taken with respect to a single institution or to a group of institutions.

PART 1
Options and discretions set out in Directive 2013/36/EU, Regulation (EU) No 575/2013 and LCR Delegated Regulation (EU) 2015/61
Directive 2013/36/EU Regulation (EU) No 575/2013 LCR delegated regulation (EU) 2015/61 Adressee Scope Denomination Description of the option or discretion Exercised (Y/N/NA)9 National text[^ntr2-L_2019146EN.01001401-E0002] Reference(s)[^ntr3-L_2019146EN.01001401-E0003] Available in EN (Y/N) Details / Comments
010 Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template Date of the last update of information in this template (dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy)
020 Article 9(2) Member States Credit Institutions Exception to the prohibition against persons or undertakings other than credit institutions from taking deposits or other repayable funds from the public The prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the public shall not apply to a Member State, a Member State's regional or local authorities, a public international bodies of which one or more Member States are members, or to cases expressly covered by national or union law, provided that those activities are subject to regulations and controls intended to protect depositors and investors. [Y/N/NA] Mandatory if Y Mandatory if Y
030 Article 12(3) Member States Credit Institutions Initial capital Member States may decide that credit institutions which do not fulfil the requirements to hold separate own funds and which were in existence on 15 December 1979 may continue to carry out their business. [Y/N/NA] Mandatory if Y Mandatory if Y
040 Article 12(3) Member States Credit Institutions Initial capital Credit Institutions for which Member States have decided that they can continue to carry out their business according to Article 12(3) of Directive 2013/36/EU may be exempted by MS from complying with the requirements contained in the first subparagraph of Article 13(1) of Directive 2013/36/EU. [Y/N/NA] Mandatory if Y Mandatory if Y
050 Article 12(4) Member States Credit Institutions Initial capital Member States may grant authorisation to particular categories of credit institutions the initial capital of which is less that EUR 5 million, provided that the initial capital is not less than EUR 1 million and the Member State concerned notifies the Commission and EBA of its reasons for exercising that option. [Y/N/NA] Mandatory if Y Mandatory if Y
060 Article 21(1) Competent Authorities Credit Institutions Exemptions for credit institutions permanently affiliated to a central body Competent authorities may exempt with regard to credit institutions permanently affiliated to a central body from the requirements set out in Articles 10, 12 and 13(1) of Directive 2013/36/EU. [Y/N/NA] Mandatory if Y Mandatory if Y
070 Article 29(3) Member States Investment Firms Initial capital of particular types of investment firms Member States may reduce the minimum amount of initial capital from EUR 125 000 to EUR 50 000 where a firm is not authorised to hold client money or securities, to deal for its own account, or to underwrite issues on a firm commitment basis. [Y/N/NA] Mandatory if Y Mandatory if Y
080 Article 32(1) Member States Investment Firms Investment firms' initial capital grandfathering clause Member States may continue authorising investment firm and firms covered by Article 30 of Directive 2013/36/EU which were in existence on or before 31 December 1995, the own funds of which are less than the initial capital levels specified for them in Article 28(2), Article 29(1) or (3) or Article 30 of that Directive. [Y/N/NA] Mandatory if Y Mandatory if Y
090 Article 40 Competent Authorities Credit Institutions Reporting requirements to host competent authorities The competent authorities of host Member States may, for information, statistical or supervisory purposes, require that all credit institutions having branches within their territories shall report to them periodically on their activities in those host Member States, in particular to assess whether a branch is significant in accordance with Article 51(1) of Directive 2013/36/EU. [Y/N/NA] Mandatory if Y Mandatory if Y
100 Article 129(2) Member States Investment Firms Exemption from the requirement to maintain a capital conservation buffer for small and medium-sized investment firms By way of derogation from paragraph 1 of Article 129, a Member State may exempt small and medium-sized investment firms from the requirements set out in that paragraph if such an exemption does not threaten the stability of the financial system of that Member State. [Y/N/NA] Mandatory if Y Mandatory if Y
110 Article 130(2) Member States Investment Firms Exemption from the requirement to maintain a countercyclical capital buffer for small and medium-sized investment firms By way of derogation from paragraph 1 of Article 130, a Member State may exempt small and medium-sized investment firms from the requirements set out in that paragraph if such an exemption does not threaten the stability of the financial system of that Member State. [Y/N/NA] Mandatory if Y Mandatory if Y
120 Article 133(18) Member States Credit Institutions and Investment firms Requirement to maintain a systemic risk buffer Member States may apply a systemic risk buffer to all exposures. [Y/N/NA] Mandatory if Y Mandatory if Y
130 Article 134(1) Member States Credit Institutions and Investment firms Recognition of a systemic risk buffer rate Other Member States may recognise the systemic risk buffer rate set according to Article 133 and may apply that buffer rate to domestically authorised institutions for the exposures located in the Member State setting that buffer rate. [Y/N/NA] Mandatory if Y Mandatory if Y
140 Article 152 first paragraph Member Stattes Credit Institutions Reporting requirements to host competent authorities The competent authorities of host Member States may, for statistical purposes, require that all credit institutions having branches within their territories shall report to them periodically on their activities in those host Member States. [Y/N/NA] Mandatory if Y Mandatory if Y
150 Article 152 second paragraph Member States Credit Institutions Reporting requirements to host competent authorities Host Member States may require that branches of credit institutions from other Member States provide the same information as they require from national credit institutions for that purpose. [Y/N/NA] Mandatory if Y Mandatory if Y
160 Article 160(6) Member States Credit Institutions and Investment firms Transitional provisions for capital buffers Member States may impose a shorter transitional period for capital buffers than that specified in paragraphs 1 to 4 of Article 160. Such a shorter transitional period may be recognised by other Member States. [Y/N/NA] Mandatory if Y Mandatory if Y
170 Article 4(2) Member States or Competent Authorities Credit Institutions and Investment firms Treatment of indirect holdings in real estate Member States or their competent authorities may allow shares constituting an equivalent indirect holding of immovable property to be treated as a direct holding of immovable property provided that such indirect holding is specifically regulated in the national law of the Member State and, when pledged as collateral, provides equivalent protection to creditors. [Y/N/NA] Mandatory if Y Mandatory if Y
180 Article 6(4) Competent Authorities Investment Firms Application of requirements on an individual basis Pending the report from the Commission in accordance with Article 508(3), competent authorities may exempt investment firms from compliance with the obligations laid down in Part Six (liquidity) taking into account the nature, scale and complexity of the investment firms' activities. [Y/N/NA] Mandatory if Y Mandatory if Y
190 Article 24(2) Reporting and the compulsory use of IFRS Competent authorities may require that institutions effect the valuation of assets and off-balance sheet items and the determination of own funds in accordance with International Accounting Standards as applicable under Regulation (EC) No 1606/2002). [Y/N/NA] Mandatory if Y Mandatory if Y
200 Article 89(3) Competent Authorities Credit Institutions and Investment firms Risk weighting and prohibition of qualifying holdings outside the financial sector Competent authorities apply the following requirements to qualifying holdings of institutions referred to in paragraphs 1 and 2: for the purpose of calculating the capital requirement in accordance with Part Three of this Regulation, institutions shall apply a risk weight of 1 250  % to the greater of the following: (i) the amount of qualifying holdings referred to in paragraph 1 in excess of 15 % of eligible capital; (ii) the total amount of qualifying holdings referred to in paragraph 2 that exceed 60 % of the eligible capital of the institution; [Y/N/NA] Mandatory if Y Mandatory if Y
201 Article 89(3) Competent Authorities Credit Institutions and Investment firms Risk weighting and prohibition of qualifying holdings outside the financial sector Competent authorities apply the following requirements to qualifying holdings of institutions referred to in paragraphs 1 and 2: the competent authorities shall prohibit institutions from having qualifying holdings referred to in paragraphs 1 and 2 the amount of which exceeds the percentages of eligible capital laid down in those paragraphs. [Y/N/NA] Mandatory if Y Mandatory if Y
210 Article 95(2) Competent Authorities Investment Firms Requirements for investment firms with limited authorisation to provide investment services Competent authorities may set the own fund requirements for investment firms with limited authorisation to provide investment services as the own fund requirements that would be binding on those firms according to the national transposition measures in force on 31 December 2013 for Directive 2006/49/EC and Directive 2006/48/EC. [Y/N/NA] Mandatory if Y Mandatory if Y
220 Article 99(3) Competent Authorities Credit Institutions Reporting on own funds requirements and financial information Competent authorities may require those credit institutions applying international accounting standards as applicable under Regulation (EC) No 1606/2002 for the reporting of own funds on a consolidated basis pursuant to Article 24(2) of this Regulation to also report financial information as laid down in paragraph 2 of this Article. [Y/N/NA] Mandatory if Y Mandatory if Y
230 Article 124(2) Competent Authorities Credit Institutions and Investment firms Risk weights and criteria applied to exposures secured by mortgages on immovable property Competent authorities may set a higher risk weight or stricter criteria than those set out in Article 125(2) and Article 126(2), where appropriate, on the basis of financial stability considerations. [Y/N/NA] Mandatory if Y Mandatory if Y
240 Article 129(1) Exposures in the form of covered bonds The competent authorities may, after consulting EBA, partly waive the application of point (c) of the first subparagraph and allow credit quality step 2 for up to 10 % of the total exposure of the nominal amount of outstanding covered bonds of the issuing institution, provided that significant potential concentration problems in the Member States concerned can be documented due to the application of the credit quality step 1 requirement referred to in that point. [Y/N/NA] Mandatory if Y Mandatory if Y
250 Article 164(5) Competent Authorities Credit Institutions and Investment firms Minimum values of exposure weighted average Loss Given Default (LGD) for exposures secured by property Based on the data collected under Article 101 and taking into account forward-looking immovable property market developments and any other relevant indicators, the competent authorities shall periodically, and at least annually, assess whether the minimum LGD values in paragraph 4 of this Article are appropriate for exposures secured by residential property or commercial immovable property located in their territory. Competent authorities may, where appropriate on the basis of financial stability considerations, set higher minimum values of exposure weighted average LGD for exposures secured by immovable property in their territory. [Y/N/NA] Mandatory if Y Mandatory if Y
260 Article 178(1)(b) Competent Authorities Credit Institutions and Investment firms Default of an obligor Competent authorities may replace the 90 days with 180 days for exposures secured by residential property or SME commercial immovable property in the retail exposure class, as well as exposures to public sector entities. [Y/N/NA] Mandatory if Y Mandatory if Y
270 Article 284(4) Competent Authorities Credit Institutions and Investment firms Exposure value Competent authorities may require an α higher than 1.4 or permit institutions to use their own estimates in accordance with Article 284 (9) [Y/N/NA] Mandatory if Y Mandatory if Y
280 Article 284(9) Competent Authorities Credit Institutions and Investment firms Exposure value Competent authorities may permit institutions to use their own estimates of alpha [Y/N/NA] Mandatory if Y Mandatory if Y
290 Article 327(2) Competent Authorities Credit Institutions and Investment firms Netting between a convertible and an offsetting position in the underlying instrument Competent authorities may adopt an approach under which the likelihood of a particular convertible's being converted is taken into account or require an own funds requirement to cover any loss which conversion might entail. [Y/N/NA] Mandatory if Y Mandatory if Y
300 Article 395(1) Competent Authorities Competent Authorities Large exposure limits for exposures to institutions Competent authorities may set a lower large exposure limit than EUR 150 000 000 for exposures to institutions. [Y/N/NA] Mandatory if Y Mandatory if Y
310 Article 400(2)(a) 493(3)(a) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt covered bonds falling within the terms of Article 129(1), (3) and (6). [Y/N/NA] Mandatory if Y Mandatory if Y
320 Article 400(2)(b) 493(3)(b) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt asset items constituting claims on regional governments or local authorities of Member States. [Y/N/NA] Mandatory if Y Mandatory if Y
330 Article 400(2)(c) 493(3)(c) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures incurred by an institution to its parent undertaking or subsidiaries. [Y/N/NA] Mandatory if Y Mandatory if Y
340 Article 400(2)(d) 493(3)(d) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures to regional or central credit institutions with which the credit institution is associated in a network and which are responsible for cash-clearing operations within the network. [Y/N/NA] Mandatory if Y Mandatory if Y
350 Article 400(2)(e) 493(3)(e) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures to credit institutions incurred by credit institutions, one of which operates on a non-competitive basis and provides or guarantees loans under legislative programmes or its statutes, to promote specified sectors of the economy under some form of government oversight and restrictions on the use of the loans, provided that the respective exposures arise from such loans that are passed on to the beneficiaries via credit institutions or from the guarantees of these loans. [Y/N/NA] Mandatory if Y Mandatory if Y
360 Article 400(2)(f) 493(3)(f) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures to institutions, provided that those exposures do not constitute such institutions' own funds, do not last longer than the following business day and are not denominated in a major trading currency. [Y/N/NA] Mandatory if Y Mandatory if Y
370 Article 400(2)(g) 493(3)(g) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures to central banks in the form of required minimum reserves held at those central banks which are denominated in their national currencies. [Y/N/NA] Mandatory if Y Mandatory if Y
380 Article 400(2)(h) 493(3)(h) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt exposures to central governments in the form of statutory liquidity requirements held in government securities which are denominated and funded in their national currencies provided that, at the discretion of the competent authority, the credit assessment of those central governments assigned by a nominated External Credit Assessment Institution is investment grade. [Y/N/NA] Mandatory if Y Mandatory if Y
390 Article 400(2)(i) 493(3)(i) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt 50 % of medium/low risk off-balance sheet documentary credits and of medium/low risk off-balance sheet undrawn credit facilities referred to in Annex I and subject to the competent authorities' agreement, 80 % of guarantees other than loan guarantees which have a legal or regulatory basis and are given for their members by mutual guarantee schemes possessing the status of credit institutions. [Y/N/NA] Mandatory if Y Mandatory if Y
400 Article 400(2)(j) 493(3)(j) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt legally required guarantees used when a mortgage loan financed by issuing mortgage bonds is paid to the mortgage borrower before the final registration of the mortgage in the land register, provided that the guarantee is not used as reducing the risk in calculating the risk-weighted exposure amounts. [Y/N/NA] Mandatory if Y Mandatory if Y
410 Article 400(2)(k) 493(3)(k) Competent Authorities Competent Authorities Exemptions or partial exemptions to large exposures limits Competent authorities may fully or partially exempt assets items constituting claims on and other exposures to recognised exchanges. [Y/N/NA] Mandatory if Y Mandatory if Y
420 Article 412(5) Member States Credit Institutions Liquidity coverage requirement Member States may maintain or introduce national provisions in the area of liquidity requirements before binding minimum standards for liquidity coverage requirements are specified and fully introduced in the Union in accordance with Article 460. [Y/N/NA] Mandatory if Y Mandatory if Y
430 Article 412(5) Member States or Competent Authorities Credit Institutions Liquidity coverage requirement Member states or competent authorities may require domestically authorised institutions, or a subset of those institutions to maintain a higher liquidity coverage requirement up to 100 % until the binding minimum standard is fully introduced at a rate of 100 % in accordance with Article 460. [Y/N/NA] Mandatory if Y Mandatory if Y
440 Article 413(3) Member States Credit Institutions Stable funding requirement Member States may maintain or introduce national provisions in the area of stable funding requirements before binding minimum standards for net stable funding requirements are specified and introduced in the Union in accordance with Article 510. [Y/N/NA] Mandatory if Y Mandatory if Y
450 Article 415(3) Competent Authorities Credit Institutions Liquidity reporting requirements Competent authorities may continue to collect information through monitoring tools for the purpose of monitoring compliance with existing national liquidity standards, until the full introduction of binding liquidity requirements. [Y/N/NA] Mandatory if Y Mandatory if Y
460 Article 420(2) Competent Authorities Credit Institutions Liquidity outflow rate The competent authorities may apply an outflow rate up to 5 % for trade finance off-balance sheet related products, as referred to in Article 429 and Annex 1. [Y/N/NA] Mandatory if Y Mandatory if Y
470 Article 467(2) Competent Authorities Credit Institutions and Investment firms Transitional treatment of unrealised losses measured at fair value By way of derogation from paragraph 1 of Article 467, the competent authorities may, in cases where such treatment was applied before 1 January 2014, allow institutions not to include in any element of own funds unrealised gains or losses on exposures to central governments classified in the ‘Available for Sale’ category of EU-endorsed IAS 39. [Y/N/NA] Mandatory if Y Mandatory if Y
480 Article 467(3) second subparagraph Competent Authorities Credit Institutions and Investment firms Transitional treatment of unrealised losses measured at fair value Competent authorities shall determine and publish the applicable percentage in the ranges specified in points (a) to (d) of paragraph 2 of Article 467. [Y/N/NA] Mandatory if Y Mandatory if Y
490 Article 468(2) Competent Authorities Credit Institutions and Investment firms Transitional treatment of unrealised gains measured at fair value Competent authorities may permit institutions to include in the calculation of their Common Equity Tier 1 capital 100 % of their unrealised gains at fair value where under Article 467 institutions are required to include their unrealised losses measured at fair value in the calculation of Common Equity Tier 1 capital. [Y/N/NA] Mandatory if Y Mandatory if Y
500 Article 468(3) Competent Authorities Credit Institutions and Investment firms Transitional treatment of unrealised gains measured at fair value Competent authorities shall determine and publish the applicable percentage of unrealised gains in the ranges specified in points (a) to (c) of paragraph 2 of Article 468 that is removed from Common Equity Tier 1 capital. [Y/N/NA] Mandatory if Y Mandatory if Y
510 Article 471(1) Competent Authorities Credit Institutions and Investment firms Exemption from deduction of equity holding in insurance companies from CET1 items By way of derogation from Article 49(1), during the period from 1 January 2014 to 31 December 2022, competent authorities may permit institutions to not deduct equity holdings in insurance undertakings, reinsurance undertakings and insurance holding companies where the conditions set out in paragraph 1 of Article 471 are met. [Y/N/NA] Mandatory if Y Mandatory if Y
520 Article 473(1) Competent Authorities Credit Institutions and Investment firms Introduction of amendments to IAS 19 By way of derogation from Article 481 during the period from 1 January 2014 until 31 December 2018, competent authorities may permit institutions that prepare their accounts in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2) of Regulation (EC) No 1606/2002 to add to their Common Equity Tier 1 capital the applicable amount in accordance with paragraph 2 or 3 of Article 473, as applicable, multiplied by the factor applied in accordance with paragraph 4 of Article 473. [Y/N/NA] Mandatory if Y Mandatory if Y
530 Article 478(3) Competent Authorities Credit Institutions and Investment firms Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for each of the following deductions: (a) the individual deductions required pursuant to points (a) to (h) of Article 36(1), excluding deferred tax assets that rely on future profitability and arise from temporary differences; (b) the aggregate amount of deferred tax assets that rely on future profitability and arise from temporary differences and the items referred to in point (i) of Article 36(1) that is required to be deducted pursuant to Article 48; (c) each deduction required pursuant to points (b) to (d) of Article 56; (d) each deduction required pursuant to points (b) to (d) of Article 66. [Y/N/NA] Mandatory if Y Mandatory if Y
540 Article 479(4) Competent Authorities Credit Institutions and Investment firms Transitional recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests Competent authorities shall determine and publish the applicable percentage in the ranges specified in paragraph 3 of Article 479. [Y/N/NA] Mandatory if Y Mandatory if Y
550 Article 480(3) Competent Authorities Credit Institutions and Investment firms Transitional recognition of minority interests and qualifying Additional Tier 1 and Tier 2 capital Competent authorities shall determine and publish the value of the applicable factor in the ranges specified in paragraph 2 of Article 480. [Y/N/NA] Mandatory if Y Mandatory if Y
560 Article 481(5) Competent Authorities Credit Institutions and Investment firms Additional transitional filters and deductions For each filter or deduction referred to in paragraphs 1 and 2 of Article 481, competent authorities shall determine and publish the applicable percentages in the ranges specified in paragraphs 3 and 4 of that Article [Y/N/NA] Mandatory if Y Mandatory if Y
570 Article 486(6) Competent Authorities Credit Institutions and Investment firms Limits for grandfathering of items within Common Equity Tier 1, Additional Tier 1 and Tier 2 items Competent authorities shall determine and publish the applicable percentages in the ranges specified in paragraph 5 of Article 486. [Y/N/NA] Mandatory if Y Mandatory if Y
580 Article 495(1) Competent Authorities Credit Institutions and Investment firms Transitional treatment of equity exposures under the IRB approach By way of derogation from Chapter 3 of Part Three, until 31 December 2017, the competent authorities may exempt from the IRB treatment certain categories of equity exposures held by institutions and EU subsidiaries of institutions in that Member State as at 31 December 2007. [Y/N/NA] Mandatory if Y Mandatory if Y
590 Article 496(1) Competent Authorities Credit Institutions and Investment firms Transitional provision on the calculation of own fund requirements for exposures in the form of covered bonds Until 31 December 2017, competent authorities may waive in full or in part the 10 % limit for senior units issued by French Fonds Communs de Créances or by securitisation entities which are equivalent to French Fonds Communs de Créances laid down in points (d) and (f) of Article 129(1), provided that conditions specified in points (a) and (b) of Article 496(1) are fulfilled. [Y/N/NA] Mandatory if Y Mandatory if Y
600 Article 10(1)(b)(iii) Competent Authorities Credit Institutions LCR - Liquid assets The liquidity reserve held by the credit institution in a central bank is recognisable as Level 1 asset provided that it can be withdrawn in times of stress. The purposes under which central bank reserves may be withdrawn for the purposes of this Article must be specified in an agreement between the CA and the ECB or the central bank. [Y/N/NA] Mandatory if Y Mandatory if Y
610 Article 10(2) Competent Authorities Credit Institutions LCR - Liquid assets The market value of extremely high quality covered bonds referred to in paragraph 1(f) shall be subject to a haircut of at least 7 %. Except as specified in relation to shares and units in CIUs in points (a) and (b) of Article 15(2), no haircut shall be required on the value of the remaining level 1 assets. Those cases where the higher haircuts were set to an entire asset class (all assets subject to a specific and differentiated haircut in the LCR Delegated Regulation) (e.g. to all level 1 covered bonds, etc.). [Y/N/NA] Mandatory if Y Mandatory if Y
620 Article 12(1)(c)(i) Competent Authorities Credit Institutions LCR - Level 2B assets Shares may constitute level 2B assets provided that they form part of a major stock index in a MS or in a third country, as identified as such by the CA of a MS or the relevant public authority in a third country. [Y/N/NA] Mandatory if Y Mandatory if Y
630 Article 12(3) Competent Authorities Credit Institutions LCR - Level 2B assets For credit institutions which in accordance with their statutes of incorporation are unable for reasons of religious observance to hold interest bearing assets, the competent authority may allow to derogate from points (ii) and (iii) of paragraph 1(b) of this Article, provided there is evidence of insufficient availability of non-interest bearing assets meeting these requirements and the non-interest bearing assets in question are adequately liquid in private markets. [Y/N/NA] Mandatory if Y Mandatory if Y
640 Article 24(6) Competent Authorities Credit Institutions LCR - Outflows from stable deposits in a third country qualifying for the 3 % rate Credit institutions may be authorised by their competent authority to multiply by 3 % the amount of the retail deposits covered by a deposit guarantee scheme in a third country equivalent to the scheme referred to in paragraph 1 if the third country allows this treatment. [Y/N/NA] Mandatory if Y Mandatory if Y
PART 2
Transitional options and discretions set out in Directive 2013/36/EU and Regulation (EU) No 575/2013

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