Commission Implementing Regulation (EU) 2023/313 of 15 December 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/2070 as regards benchmark portfolios, reporting templates and reporting instructions for the reporting referred to in Article 78(2) of Directive 2013/36/EU of the European Parliament and of the Council (Text with EEA relevance)

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, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1), and in particular Article 78(8), third subparagraph thereof,

Whereas:

(1) According to Article 78(1) and (2) of Directive 2013/36/EU, institutions are required to submit to their competent authorities and to the European Banking Authority (‘EBA’), at least annually, the results of the calculations of risk weighted amounts or own funds requirements of their internal approaches, except for operational risk, for their exposures or positions included in the benchmark portfolios. The benchmark portfolios are specified by the EBA and adopted by the Commission. Those results are subsequently to be used by the competent authorities to monitor the range of risk weighted exposure amounts or own funds requirements for the exposures or transactions in the benchmark portfolios resulting from the internal approaches of those institutions. Competent authorities are also required to assess the quality of those approaches at least annually (‘benchmarking exercise’). According to Article 78(3), second subparagraph of Directive 2013/36/EU the EBA has to produce a report to assist the competent authorities in the assessment of the quality of the internal approaches, based on the results of the calculations submitted by the institutions.

(2) In Commission Implementing Regulation (EU) 2016/2070 (2), as amended by Commission Implementing Regulation (EU) 2022/951 (3), the Commission adopted the benchmark portfolios, reporting templates and reporting instructions to be applied in the Union for the reporting by the institutions of the results of the calculations of risk weighted exposure amounts or own funds requirements of their internal models for their exposures or positions that are included in those benchmark portfolios.

(3) In order to identify areas where further regulatory guidance may be needed, the focus of the competent authorities’ assessments and of the EBA’s reports changes over time. It is therefore necessary to extend the set exposures or positions included in the market risk benchmarking portfolios by adding more complex positions, to adapt accordingly the reporting requirements and to clarify the instructions. This ensures that the exercise is kept informative and provides new insights for competent authorities and institutions.

(4) Implementing Regulation (EU) 2016/2070 should therefore be amended accordingly.

(5) This Regulation is based on the draft implementing technical standards submitted to the Commission by the EBA.

(6) 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 advice 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 (4),

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2016/2070 is amended as follows:

(1) Annex I is replaced by the text in Annex I to this Regulation;

(2) Annex II is replaced by the text in Annex II to this Regulation;

(3) Annex IV is replaced by the text in Annex III to this Regulation;

(4) Annex V is replaced by the text in Annex IV to this Regulation;

(5) Annex VI is replaced by the text in Annex V 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, 15 December 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 27.6.2013, p. 338.

(2) Commission Implementing Regulation (EU) 2016/2070 of 14 September 2016 laying down implementing technical standards for templates, definitions, and IT solutions to be used by institutions when reporting to the European Banking Authority and to competent authorities in accordance with Article 78(2) of Directive 2013/36/EU of the European Parliament and of the Council (OJ L 328, 2.12.2016, p. 1).

(3) Commission Implementing Regulation (EU) 2022/951 of 24 May 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/2070 as regards benchmark portfolios, reporting templates and reporting instructions to be applied in the Union for the reporting referred to in Article 78(2) of Directive 2013/36/EU of the European Parliament and of the Council (OJ L 174, 30.6.2022, p. 1).

(4) 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).