LegalizeCommission Implementing Regulation (EU) 2024/1618 of 6 June 2024 amending Implementing Regulation (EU) 2021/763 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council and Directive 2014/59/EU of the European Parliament and of the Council with regard to the supervisory reporting and public disclosure of the minimum requirement for own funds and eligible liabilities
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.
| Image omitted; see official source | Official Journal of the European Union | EN L series |
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| 2024/1618 | 7.6.2024 |
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 1, and in particular Article 430(7), fifth subparagraph, and Article 434a, fifth subparagraph, thereof,
Having regard to Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council 2, and in particular Article 45i(5), fifth subparagraph, and Article 45i(6), fifth subparagraph, thereof,
Whereas:
- (1) Regulation (EU) 2022/2036 of the European Parliament and of the Council 3 introduced into Regulation (EU) No 575/2013 the requirement that intermediate entities in a resolution group are to deduct from eligible liabilities items their holdings of own funds instruments and eligible liabilities instruments used for the compliance with the requirement set out in Article 92b of Regulation (EU) No 575/2013 (‘internal Total Loss-absorbing Capacity requirement’ or ‘internal TLAC’) or the requirement set out in Article 45f of Directive 2014/59/EU of the European Parliament and of the Council 4 (‘internal minimum requirement for own funds and eligible liabilities’ or ‘internal MREL’) where those own funds instruments and eligible liabilities instruments were issued by entities that are not themselves resolution entities and that belong to the same resolution group. Therefore, it is necessary to reflect this deduction requirement in the templates for the public disclosure of harmonised information on internal MREL and internal TLAC set out in Commission Implementing Regulation (EU) 2021/763 5. This deduction requirement should equally be reflected in the harmonised information provided to competent and resolution authorities.
- (2) Directive (EU) 2024/1174 of the European Parliament and of the Council 6 amending Directive 2014/59/EU and Regulation (EU) No 806/2014 as regards certain aspects of the minimum requirement for own funds and eligible liabilities further amended the deduction requirement laid down in Regulation (EU) No 575/2013 by specifying in Directive 2014/59/EU and Regulation (EU) No 806/2014 that intermediate entities in a resolution group are only to deduct their holdings of own funds instruments issued by liquidation entities that belong to the same resolution group and are not themselves resolution entities, subject to certain conditions related to the materiality of those holdings. Those amendments should also be reflected in the harmonised information provided in templates for the public disclosure and reporting to competent authorities and resolution authorities.
- (3) Entities subject to the requirements set out in Article 92a or Article 92b of Regulation (EU) No 575/2013 (‘TLAC requirement’) or the requirement set out in Article 45 of Directive 2014/59/EU (‘MREL’) may, with the prior permission of their resolution authority, call, redeem, repay or repurchase eligible liabilities instruments in accordance with Article 78a of Regulation (EU) No 575/2013. Amounts covered by such a permission reduce the entities’ capacity to meet the MREL or the TLAC requirement. Therefore, it is necessary to specify how the impact of such a permission should be reflected in public disclosures and reporting to competent authorities and resolution authorities.
- (4) Implementing Regulation (EU) 2021/763 should therefore be amended accordingly.
- (5) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority.
- (6) The European Banking Authority 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 7.
- (7) To provide entities subject to the obligation to report or disclose information in accordance with Regulation (EU) No 575/2013 or Directive 2014/59/EU with sufficient time to adapt to the changes in templates and harmonised information, the changes should start to apply six months after its date of entry into force,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) 2021/763
Implementing Regulation (EU) 2021/763 is amended as follows:
- (1) templates M 02.00 and M 03.00 set out in Annex I are replaced by templates M 02.00 and M 03.00 set out in Annex I to this Regulation;
- (2) Annex II is replaced by the text in Annex II to this Regulation;
- (3) templates EU TLAC1 and EU ILAC set out in Annex V are replaced by templates EU TLAC1 and EU ILAC set out in Annex III to this Regulation;
- (4) Annex VI is replaced by the text in Annex IV to this Regulation.
Article 2
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 27 December 2024.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 6 June 2024.
For the Commission
The President
Ursula VON DER LEYEN
3
Regulation (EU) 2022/2036 of the European Parliament and of the Council of 19 October 2022 amending Regulation (EU) No 575/2013 and Directive 2014/59/EU as regards the prudential treatment of global systemically important institutions with a multiple-point-of-entry resolution strategy and methods for the indirect subscription of instruments eligible for meeting the minimum requirement for own funds and eligible liabilities (OJ L 275, 25.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2036/oj)
4
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190, ELI: http://data.europa.eu/eli/dir/2014/59/oj).
5
Commission Implementing Regulation (EU) 2021/763 of 23 April 2021 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council and Directive 2014/59/EU of the European Parliament and of the Council with regard to the supervisory reporting and public disclosure of the minimum requirement for own funds and eligible liabilities (OJ L 168, 12.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/763/oj).
6
Directive (EU) 2024/1174 of the European Parliament and of the Council of 11 April 2024 amending Directive 2014/59/EU and Regulation (EU) No 806/2014 as regards certain aspects of the minimum requirement for own funds and eligible liabilities (OJ L, 2024/1174, 22.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1174/oj).
7
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, ELI: http://data.europa.eu/eli/reg/2010/1093/oj).
ANNEX I
REPORTING ON THE MINIMUM REQUIREMENT FOR OWN FUNDS AND ELIGIBLE LIABILITIES
| MREL AND TLAC TEMPLATES | MREL AND TLAC TEMPLATES | MREL AND TLAC TEMPLATES | MREL AND TLAC TEMPLATES |
| TEMPLATE NUMBER | TEMPLATE CODE | NAME OF THE TEMPLATE /GROUP OF TEMPLATES | SHORT NAME |
| AMOUNTS: KEY METRICS OF MREL AND TLAC | |||
| 1 | M 01.00 | Key metrics for MREL and TLAC (resolution groups / entities) | KM2 |
| COMPOSITION AND MATURITY | |||
| 2 | M 02.00 | MREL and TLAC capacity and composition (resolution groups / entities) | TLAC1 |
| 3 | M 03.00 | Internal MREL and internal TLAC | ILAC |
| 4 | M 04.00 | Funding structure of eligible liabilities | LIAB-MREL |
| CREDITOR RANKING | |||
| 5 | M 05.00 | Creditor ranking (entity that is not a resolution entity) | TLAC2 |
| 6 | M 06.00 | Creditor ranking (resolution entities) | TLAC3 |
| CONTRACT SPECIFIC INFORMATION | |||
| 7 | M 07.00 | Instruments governed by third-country law | MTCI |
| M 01.00 – Key metrics for MREL and TLAC (resolution groups / entities) (KM2) |
| Minimum requirement for own funds and eligible liabilities (MREL) | Requirement for own funds and eligible liabilities for G-SIIs (TLAC) | ||
| 0010 | 0020 | ||
| Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | |
| 0100 | TOTAL RISK EXPOSURE AMOUNT (TREA) | ||
| 0110 | TOTAL EXPOSURE MEASURE (TEM) | ||
| Own funds and eligibile liabilities | Own funds and eligibile liabilities | Own funds and eligibile liabilities | |
| 0200 | OWN FUNDS AND ELIGIBLE LIABILITIES | ||
| 0210 | Of which: own funds and subordinated liabilities | ||
| 0220 | Of which: governed by third country law | ||
| 0230 | Of which: containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU | ||
| Other bail-inable liabilities | Other bail-inable liabilities | Other bail-inable liabilities | |
| 0250 | OTHER BAIL-INABLE LIABILITIES | ||
| 0260 | Of which: governed by third country law | ||
| 0270 | Of which: containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU | ||
| 0280 | Residual maturity of < 1 year | ||
| 0285 | Residual maturity of >= 1 year and < 2 years | ||
| 0290 | Residual maturity of >= 2 years | ||
| Ratios and subordination exemptions | Ratios and subordination exemptions | Ratios and subordination exemptions | |
| 0300 | OWN FUNDS AND ELIGIBLE LIABILITIES AS A PERCENTAGE OF THE TREA | ||
| 0310 | Of which: own funds and subordinated liabilities | ||
| 0320 | OWN FUNDS AND ELIGIBLE LIABILITIES AS A PERCENTAGE OF THE TEM | ||
| 0330 | Of which: own funds and subordinated liabilities | ||
| 0340 | Does the subordination exemption laid down in Article 72b(4) of Regulation (EU) No 575/2013 apply? (5 % exemption) | ||
| 0350 | Aggregate amount of permitted non-subordinated eligible liabilities instruments if the subordination discretion laid down in Article 72b(3) of Regulation (EU) No 575/2013 is applied (max 3,5 % exemption) | ||
| 0360 | Share of the total non-subordinated liabilities that is included in own funds and eligible liabilities |
| M 02.00 – MREL and TLAC capacity and composition (resolution groups / entities) (TLAC1) |
| Minimum requirement for own funds and eligible liabilities (MREL) | G-SII Requirement for own funds and eligible liabilities (TLAC) | Memo item: Amounts eligible for the purposes of MREL, but not of TLAC | ||
| 0010 | 0020 | 0030 | ||
| 0010 | OWN FUNDS AND ELIGIBLE LIABILITIES | |||
| 0020 | (Eligible) Own funds | |||
| 0030 | Common Equity Tier 1 capital | |||
| 0040 | (Eligible) Additional Tier 1 capital | |||
| 0050 | (Eligible) Tier 2 capital | |||
| 0060 | Eligible liabilities | |||
| 0070 | Eligible liabilities items before adjustments | |||
| 0080 | of which: eligible liabilities considered as structurally subordinated | |||
| 0090 | Eligible liabilities subordinated to excluded liabilities | |||
| 0100 | Eligible liabilities instruments issued directly by the resolution entity (not grandfathered) | |||
| 0110 | Eligible liabilities instruments issued by other entities within the resolution group (not grandfathered) | |||
| 0120 | Eligible liabilities instruments issued prior to 27 June 2019 | |||
| 0130 | Tier 2 instruments with a residual maturity of at least one year to the extent they do not qualify as Tier 2 items | |||
| 0132 | (-) Own eligible liabilities instruments subordinated to excluded liabilities | |||
| 0135 | (-) of which: unused prior permission amounts | |||
| 0140 | Eligible liabilities not subordinated to excluded liabilities | |||
| 0150 | Eligible liabilities that are not subordinated to excluded liabilities (not grandfathered, pre-cap) | |||
| 0160 | Eligible liabilities that are not subordinated to excluded liabilities issued prior to 27 June 2019 (pre-cap) | |||
| 0162 | (-) Own eligible liabilities instruments not subordinated to excluded liabilities | |||
| 0165 | (-) of which: unused prior permission amounts | |||
| 0170 | Amounts eligible after application of the cap of Article 72b(3) of Regulation (EU) No 575/2013 (not grandfathered) | |||
| 0180 | Amounts eligible after application of the cap of Article 72b (3) of Regulation (EU) No 575/2013, consisting of items issued prior to 27 June 2019 | |||
| 0190 | (-) Deductions | |||
| 0200 | (-) Exposures between multiple point of entry (MPE) resolution groups | |||
| 0211 | (-) Investments in other eligible liabilities instruments | |||
| 0220 | Excess of deductions from eligible liabilities over eligible liabilities (deducted from Tier 2) | |||
| MEMORANDUM ITEMS | MEMORANDUM ITEMS | |||
| 0400 | CET1 (%) available after meeting the entity’s requirements | |||
| 0410 | Combined buffer requirement (%) | |||
| 0420 | of which: capital conservation buffer requirement | |||
| 0430 | of which: countercyclical buffer requirement | |||
| 0440 | of which: systemic risk buffer requirement | |||
| 0450 | of which: Global Systemically Important Institution (G-SII) or Other Systemically Important Institution (O-SII) buffer | |||
| 0460 | Investments in subordinated eligible liabilities of other institutions | |||
| 0470 | Investments in subordinated eligible liabilities of G-SIIs | |||
| 0480 | Investments in subordinated eligible liabilities of O-SIIs | |||
| 0490 | Investments in subordinated eligible liabilities of other institutions | |||
| 0500 | Excluded liabilities | |||
| 0600 | Ad hoc permissions for eligible liabilities items: Predetermined amount | |||
| 0610 | General prior permissions for eligible liabilities items: Predetermined amount |
| M 03.00 – Internal MREL and internal TLAC (ILAC) |
| Internal MREL | Internal TLAC | ||
| 0010 | 0020 | ||
| 0010 | Level of application | ||
| Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | |
| 0100 | Total risk exposure amount (TREA) | ||
| 0110 | Total exposure measure (TEM) | ||
| Eligible own funds and eligible liabilities | Eligible own funds and eligible liabilities | Eligible own funds and eligible liabilities | |
| 0200 | Eligible own funds and eligible liabilties | ||
| 0210 | Eligible Own funds | ||
| 0220 | Common Equity Tier 1 capital (CET1) | ||
| 0230 | Eligible Additional Tier 1 capital | ||
| 0240 | Eligible Tier 2 capital | ||
| 0250 | Eligible liabilities and guarantees | ||
| 0260 | Eligible liabilities (excluding guarantees) | ||
| 0265 | (-) Own eligible liabilities instruments: Unused prior permission amounts | ||
| 0270 | Guarantees provided by the resolution entity and permitted by the resolution authority | ||
| 0280 | Memorandum item: Collateralised part of the guarantee | ||
| 0290 | (-) Own funds instruments and eligible liabilities instruments issued by non-resolution entities of the same resolution group | ||
| 0293 | (-) of which: Own funds instruments issued by liquidation entities | ||
| 0295 | Excess of deductions from eligible liabilities over eligible liabilities | ||
| Ratios of eligible own funds and eligible liabilities | |||
| 0400 | Own funds and eligible liabilities as a percentage of the TREA | ||
| 0410 | of which: permitted guarantees | ||
| 0420 | Own funds and eligible liabilities as a percentage of the TEM | ||
| 0430 | of which: permitted guarantees | ||
| 0440 | CET1 (%) available after meeting the entity’s requirements | ||
| Memorandum items | Memorandum items | Memorandum items | |
| 0500 | Combined buffer requirement (%) | ||
| 0510 | of which: capital conservation buffer requirement | ||
| 0520 | of which: countercyclical buffer requirement | ||
| 0530 | of which: systemic risk buffer requirement | ||
| 0540 | of which: Global Systemically Important Institution (G-SII) or Other Systemically Important Institution (O-SII) buffer | ||
| 0550 | Other bail-inable liabilities | ||
| 0560 | of which: governed by third country law | ||
| 0570 | of which: containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU | ||
| 0580 | Residual maturity of < 1 year | ||
| 0590 | Residual maturity of >= 1 year and < 2 years | ||
| 0600 | Residual maturity of >= 2 years | ||
| 0610 | Excluded liabilities | ||
| 0620 | Own funds instruments issued by liquidation entities of the same resolution group | ||
| 0630 | Ratio of holdings of own funds instruments issued by liquidation entities over eligible own funds and eligible liabilities |
| M 04.00 – Funding structure of eligible liabilities (LIAB MREL) |
| Amount eligible for MREL / internal MREL | ||
| 0010 | ||
| 0100 | ELIGIBLE LIABILITIES | |
| 0200 | Deposits, not covered and not preferential >= 1 year | |
| 0210 | of which: residual maturity >= 1 year and < 2 years | |
| 0220 | of which: residual maturity >= 2 years | |
| 0230 | of which: issued by subsidiaries | |
| 0300 | Uncollateralized secured liabilities >= 1 year | |
| 0310 | of which: residual maturity >= 1 year and < 2 years | |
| 0320 | of which: residual maturity >= 2 years | |
| 0330 | of which: issued by subsidiaries | |
| 0400 | Structured notes >= 1 year | |
| 0410 | of which: residual maturity >= 1 year and < 2 years | |
| 0420 | of which: residual maturity >= 2 years | |
| 0430 | of which: issued by subsidiaries | |
| 0500 | Senior unsecured liabilities >= 1 year | |
| 0510 | of which: residual maturity >= 1 year and < 2 years | |
| 0520 | of which: residual maturity >= 2 years | |
| 0530 | of which: issued by subsidiaries | |
| 0600 | Senior non-preferred liabilities >= 1 year | |
| 0610 | of which: residual maturity >= 1 year and < 2 years | |
| 0620 | of which: residual maturity >= 2 years | |
| 0630 | of which: issued by subsidiaries | |
| 0700 | Subordinated liabilities (not recognised as own funds) >= 1 year | |
| 0710 | of which: residual maturity >= 1 year and < 2 years | |
| 0720 | of which: residual maturity >= 2 years | |
| 0730 | of which: issued by subsidiaries | |
| 0800 | Other MREL eligible liabilities >= 1 year | |
| 0810 | of which: residual maturity >= 1 year and < 2 years | |
| 0820 | of which: residual maturity >= 2 years | |
| 0830 | of which: issued by subsidiaries |
| M 05.00 – Creditor ranking (entity that is not a resolution entity) (TLAC2) |
| Insol-vency rank | Type of creditor | Description of insolvency rank | Liabilities and own funds | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | ||
| Insol-vency rank | Type of creditor | Description of insolvency rank | of which: excluded liabilities | ||||||||
| of which: own funds and eligible liabilities for the purpose of internal MREL | of which: own funds and eligible liabilities for the purpose of internal MREL | of which: own funds and eligible liabilities for the purpose of internal MREL | of which: excluded liabilities | of which: with a residual maturity of | of which: with a residual maturity of | of which: with a residual maturity of | of which: with a residual maturity of | of which: perpetual securities | |||
| of which: own funds and eligible liabilities for the purpose of internal MREL | of which: own funds and eligible liabilities for the purpose of internal MREL | of which: own funds and eligible liabilities for the purpose of internal MREL | of which: excluded liabilities | ≥ 1 year < 2 years | ≥ 2 year < 5 years | ≥ 5 years < 10 years | ≥ 10 years | of which: perpetual securities | |||
| 0010 | 0020 | 0030 | 0040 | 0050 | 0060 | 0070 | 0080 | 0090 | 0100 | 0110 | 0120 |
| M 06.00 – Creditor ranking (resolution entities) (TLAC3) |
| Insolvency rank | Description of insolvency rank | Liabilities and own funds | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | Liabilities and own funds less excluded liabilities | ||
| Insolvency rank | Description of insolvency rank | of which: excluded liabilities | ||||||||
| of which: own funds and eligible liabilities potentially eligible for meeting MREL | of which: own funds and eligible liabilities potentially eligible for meeting MREL | of which: excluded liabilities | of which: with a residual maturity of | of which: with a residual maturity of | of which: with a residual maturity of | of which: with a residual maturity of | of which: perpetual securities | |||
| of which: own funds and eligible liabilities potentially eligible for meeting MREL | of which: own funds and eligible liabilities potentially eligible for meeting MREL | of which: excluded liabilities | ≥ 1 year < 2 years | ≥ 2 year < 5 years | ≥ 5 years < 10 years | ≥ 10 years | of which: perpetual securities | |||
| 0010 | 0020 | 0030 | 0040 | 0050 | 0060 | 0070 | 0080 | 0090 | 0100 | 0110 |
| M 07.00 – Instruments governed by third-country law (MTCI) |
| Issuing entity | Issuing entity | Issuing entity | Contract identifier | Governing law (third country) | Contractual recognition of write down and conversion powers | Regulatory treatment | Regulatory treatment | Amount | Rank in normal insolvency proceedings | Rank in normal insolvency proceedings | Maturity | (First) Call date | Regu-latory call (Y/N) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Name | Code | Type of code | Contract identifier | Governing law (third country) | Contractual recognition of write down and conversion powers | Type of own funds or eligible liabilities | Instrument type | Amount | Governing law | Insolvency rank | Maturity | (First) Call date | Regu-latory call (Y/N) |
| 0010 | 0020 | 0030 | 0040 | 0050 | 0060 | 0070 | 0080 | 0090 | 0100 | 0110 | 0120 | 0130 | 0140 |
ANNEX II
REPORTING ON THE MINIMUM REQUIREMENT FOR OWN FUNDS AND ELIGIBLE LIABILITIES – INSTRUCTIONS
PART I
GENERAL INSTRUCTIONS
1. Structure and conventions
1.1. Structure
| 1. | This framework for reporting on MREL and TLAC consists of four groups of templates: (a) amounts: key metrics of MREL and TLAC; (b) composition and maturity; (c) creditor ranking; (d) contract-specific information. | |
| --- | --- | --- |
| 2. | For each template legal references are provided. Further detailed information regarding more general aspects of the reporting of each set of templates and instructions concerning specific positions are included in this Part. |
1.2. Numbering convention
| 3. | The document follows the labelling convention set out in points (a) to (d), when referring to the columns, rows and cells of the templates. Those numerical codes are extensively used in the validation rules defined in accordance with Annex III. (a) the following general notation is followed: {Template;Row;Column}; (b) references inside a template do not include an indication of the template: {Row;Column}; (c) in case of templates with only one column, only rows are referred to: {Template;Row}; (d) an asterisk sign is used to express that the reference covers the rows or columns specified before. |
1.3. Sign convention
| 4. | Any amount that increases the own funds and eligible liabilities, the risk weighted exposure amounts, the leverage ratio exposure measure or the requirements shall be reported as a positive figure. On the contrary, any amount that reduces the own funds and eligible liabilities, the risk weighted exposure amounts, the leverage ratio exposure measure or the requirements shall be reported as a negative figure. Where there is a negative sign (-) preceding the label of an item no positive figure is expected to be reported for that item. |
1.4. Abbreviations and definitions
| 5. | The following abbreviations and definitions apply for the purposes of the Annexes to this Regulation: (a) ‘MREL’ refers to the minimum requirement for own funds and eligible liabilities pursuant to Article 45 of Directive 2014/59/EU; (b) ‘TLAC’ refers to the requirements for own funds and eligible liabilities for global systemically important institutions (G-SIIs) pursuant to Article 92a of Regulation (EU) No 575/2013; (c) ‘Internal TLAC’ refers to the requirement for own funds and eligible liabilities for non-EU G-SIIs pursuant to Article 92b of Regulation (EU) No 575/2013; (d) ‘Internal MREL’ refers to the MREL applied to entities that are not themselves resolution entities pursuant to Article 45f of Directive 2014/59/EU; (e) ‘unused prior permission amount’ means the amount covered by a prior permission to call, redeem, repay or repurchase own funds instruments in accordance with Article 78 of Regulation (EU) No 575/2013, or eligible liabilities instruments in accordance with Article 78a of that Regulation, as applicable, to the extent that the reporting entity has not yet used up that amount to call, redeem, repay or repurchase instruments. Where the permission is an ad hoc permission and refers to callable instruments where no sufficient certainty is given that the call option will be executed, the unused prior permission amount shall exclude any such instruments; (f) ‘unused ad hoc permission amount’ means the amount covered by an ad hoc prior permission to call, redeem, repay or repurchase specific own funds instruments in accordance with Article 78(1), first subparagraph, of Regulation (EU) No 575/2013 in conjunction with Article 28(5) of Commission Delegated Regulation (EU) No 241/2014 8 or specific eligible liabilities instruments in accordance with Articles 78a of Regulation (EU) No 575/2013 in conjunction with Article 32b(2) of Delegated Regulation (EU) No 241/2014, as applicable, to the extent that the reporting entity has not yet used up that amount to call, redeem, repay or repurchase those instruments. Where the permission refers to callable instruments where no sufficient certainty is given that the call option will be executed, the unused prior permission amount shall exclude any such instruments; (g) ‘unused general permission amount’ or ‘unused GPP amount’ means the amount covered by a prior permission to call, redeem, repay or repurchase own funds instruments in accordance with Article 78(1), second subparagraph, of Regulation (EU) No 575/2013 in conjunction with Article 28(3) of Delegated Regulation (EU) No 241/2014, or eligible liabilities instruments in accordance with Articles 78a of Regulation (EU) No 575/2013 in conjunction with Article 32b(3) and (5) of Delegated Regulation (EU) No 241/2014, as applicable, to the extent that the reporting entity has not yet used up that amount to call, redeem, repay or repurchase those instruments. |
PART II
TEMPLATE-RELATED INSTRUCTIONS
1. Amounts: M 01.00 – Key metrics for MREL and TLAC (KM2)
1.1. General remarks
| 1. | The column referring to the minimum requirement for own funds and eligible liabilities (MREL) shall be filled in by entities that are subject to the minimum requirement for own funds and eligible liabilities in accordance with Article 45e of Directive 2014/59/EU. Only those entities obliged to comply with the requirement set out in Articles 92a of Regulation (EU) No 575/2013 shall report items referring to the G-SII requirement for own funds and eligible liabilities (TLAC). |
1.2. Instructions concerning specific positions
| Columns | Legal references and instructions |
|---|---|
| 0010 | Minimum requirement for own funds and eligible liabilities (MREL) Articles 45 and 45e of Directive 2014/59/EU |
| 0020 | Requirement for own funds and eligible liabilities for G-SIIs (TLAC) Article 92a of Regulation (EU) No 575/2013 |
| Row | Legal references and instructions |
| --- | --- |
| 0100 – 0120 | Total risk exposure amount and total exposure measure |
| 0100 | Total risk exposure amount (TREA) Article 45(2), point (a), of Directive 2014/59/EU, Article 92(3) of Regulation (EU) No 575/2013. The total risk exposure amount reported in this row shall be the total risk exposure amount which is the basis for compliance with the requirements set out in Article 45 of Directive 2014/59/EU or Article 92a of Regulation (EU) No 575/2013, as applicable. |
| 0110 | Total exposure measure (TEM) Article 45(2), point (b), of Directive 2014/59/EU, Article 429(4) and Article 429a of Regulation (EU) No 575/2013. The total exposure measure reported in this row shall be the total exposure measure which is the basis for compliance with the requirements set out in Article 45 of Directive 2014/59/EU or Article 92a of Regulation (EU) No 575/2013, as applicable. |
| 0200 – 0230 | Own funds and eligible liabilities |
| 0200 | Own funds and eligible liabilities MREL The amount of own funds and eligible liabilities counting towards MREL shall be reported as the sum of: (i) own funds as defined in Article 4(1), point (118), and Article 72 of Regulation (EU) No 575/2013; (ii) eligible liabilities as defined in Article 2(1), point (71a), of Directive 2014/59/EU. In case of instruments governed by the law of a third country, the instrument shall only be included in this row if it meets the requirements set out in Article 55 of Directive 2014/59/EU. TLAC The amount of own funds and eligible liabilities counting towards the G-SII requirement for own funds and eligible liabilities (TLAC) shall be the amount referred to in Article 72l of Regulation (EU) No 575/2013, consisting of: (i) own funds as defined in Article 4(1), point (118), and Article 72 of Regulation (EU) No 575/2013; (ii) eligible liabilities in accordance with Article 72k of Regulation (EU) No 575/2013. |
| 0210 | Of which: own funds and subordinated liabilities The amount of own funds and subordinated eligible liabilities counting towards MREL shall be reported as the sum of: (i) own funds as defined in Article 4(1), point (118), and Article72 of Regulation (EU) No 575/2013; (ii) eligible liabilities included in the amount of own funds and eligible liabilities in accordance with Article 45b of Directive 2014/59/EU which are subordinated eligible instruments as defined in Article 2(1), point (71b), of that Directive; (iii) liabilities included in the amount of own funds and eligible liabilities in accordance with Article 45b(3) of Directive 2014/59/EU. In case of instruments governed by the law of a third country, the instrument shall only be included in this row if it meets the requirements of Article 55 set out in Directive 2014/59/EU. With regard to subordinated eligible liabilities, the amounts reported shall be the amounts net of (i) where applicable, holdings of own subordinated eligible liabilities instruments, as referred to in Article 72e(1), point (a) of Regulation (EU) No 575/2013; and (ii) unused prior permission amounts, to the extent that the prior permission covers subordinated liabilities instruments in general or a specific subordinated liabilities instrument. |
| 0220 | Of which: governed by third-country law The amount of own funds and eligible liabilities that are governed by the law of a third country as referred to in Article 55 of Directive 2014/59/EU. The amounts reported shall be the amounts net of: (i) holdings of own eligible liabilities instruments, as referred to in Article 72e(1), point (a), of Regulation (EU) No 575/2013, where applicable, and holdings of own funds instruments, as referred to in Article 36(1), point (f), Article 56, point (a), and Article 66, point (a), of Regulation (EU) No 575/2013, governed by the law of a third country; and (ii) unused ad hoc permission amounts, to the extent that the prior permission covers an own funds instrument or specific eligible liabilities instrument that is governed by the law of a third country. |
| 0230 | Of which: containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU The amount of own funds and eligible liabilities that are governed by the law of a third country and that contain a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU. The amounts reported shall be the amounts net of (i) holdings of own eligible liabilities instruments, as referred to in Article 72e(1), point (a) of Regulation (EU) No 575/2013, where applicable, and holdings of own funds instruments, as referred to in Article 36(1), point (f), Article 56, point (a), and Article 66, point (a), of Regulation (EU) No 575/2013, governed by the law of a third country and containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU; and (ii) unused ad hoc permission amounts, to the extent that the permission covers an own funds instrument or a specific eligible liabilities instrument that is governed by the law of a third country and contains a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU. |
| 0250 – 0290 | Other bail-inable liabilities Entities that, at the date of the reporting of that information, hold amounts of own funds and eligible liabilities of at least 150 % of the requirement laid down in Article 45(1) of Directive 2014/59/EU shall be exempted from reporting the information in rows 0250 to 0290. Such entities may opt to report that information in this template on a voluntary basis. Unused prior permission amounts, to the extent that the permission covers an eligible liabilities instrument, shall be considered other bail-inable liabilities for the purposes of these rows. |
| 0250 | Other bail-inable liabilities The amount of bail-inable liabilities, as defined in Article 2(1), point (71), of Directive 2014/59/EU, that are not included in own funds and eligible liabilities in accordance with Article 45b of that Directive. |
| 0260 | Of which: governed by third-country law The amount of other bail-inable liabilities that are governed by the law of a third country as referred to in Article 55 of Directive 2014/59/EU. |
| 0270 | Of which: containing a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU The amount of other bail-inable liabilities that are governed by the law of a third country and that contain a write down and conversion clause as referred to in Article 55 of Directive 2014/59/EU. |
| 0280 – 0290 | Breakdown of other bail-inable liabilities by residual maturity |
| 0280 | Residual maturity of < 1 year |
| 0285 | Residual maturity of >= 1 year and < 2 years |
| 0290 | Residual maturity of >= 2 years |
| 0300 – 0360 | Ratios and subordination exemptions |
| 0300 | Own funds and eligible liabilities as a percentage of the TREA For the purposes of this row, the amount of own funds and eligible liabilities that is reported in row 0200 shall be expressed as a percentage of the total risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013. |
| 0310 | Of which: own funds and subordinated liabilities For the purposes of this row, the amount of own funds and subordinated eligible liabilities that is reported in row 0210 shall be expressed as a percentage of the total risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013. |
| 0320 | Own funds and eligible liabilities as a percentage of the TEM For the purposes of this row, the amount of own funds and eligible liabilities that is reported in row 0200 shall be expressed as a percentage of the total exposure measure calculated in accordance with Article 429(4) and Article 429a of Regulation (EU) No 575/2013. |
| 0330 | Of which: own funds and subordinated liabilities For the purposes of this row, the amount of own funds and subordinated eligible liabilities that is reported in row 0210 shall be expressed as a percentage of the total exposure measure calculated in accordance with Article 429(4) and Article 429a of Regulation (EU) No 575/2013. |
| 0340 | Does the subordination exemption laid down in Article 72b(4) of Regulation (EU) No 575/2013 apply? (5 % exemption) This row shall only be reported by entities subject to the G-SII requirement for own funds and eligible liabilities (TLAC requirement). Where the resolution authority permits liabilities to qualify as eligible liabilities instruments in accordance with Article 72b(4) of Regulation (EU) No 575/2013, the reporting entity shall indicate ‘yes’ in column 0020. Where the resolution authority does not permit liabilities to qualify as eligible liabilities instruments in accordance with Article 72b(4) of Regulation (EU) No 575/2013, the reporting entity shall indicate ‘no’ in column 0020. As exemptions laid down in Article 72b(3) and (4) of Regulation (EU) No 575/2013 are mutually exclusive, this row shall not be populated if the reporting entity has populated {r0350}. |
| 0350 | Aggregate amount of permitted non-subordinated eligible liabilities instruments if the subordination discretion laid down in Article 72b(3) of Regulation (EU) No 575/2013 is applied (max 3,5 % exemption) Aggregate amount of non-subordinated liabilities that the resolution authority has permitted to qualify as eligible liabilities instruments for the purpose of the G-SII requirement for own funds and eligible liabilities (TLAC) in accordance with Article 72b(3) of Regulation (EU) No 575/2013 or which qualify pursuant to Article 494(3) of that Regulation. As the exemptions laid down in Article 72b(3) and (4) of Regulation (EU) No 575/2013 are mutually exclusive, this row shall not be populated if the reporting entity indicates ‘yes’ in {r0340,c0020}. |
| 0360 | Share of the total non-subordinated liabilities that is included in own funds and eligible liabilities This row shall only be reported by entities subject to the G-SII requirement for own funds and eligible liabilities (TLAC requirement). If a capped subordination exemption laid down in Article 72b(3) of Regulation (EU) No 575/2013 applies, entities shall report: (i) the amount of liabilities issued that ranks pari passu with excluded liabilities as referred to in Article 72a(2) of Regulation (EU) No 575/2013 and is included in the amount reported in row 0200 (after application of the cap); (ii) divided by the amount of liabilities issued that ranks pari passu with excluded liabilities as referred to Article 72a(2) of Regulation (EU) No 575/2013 and that would be recognised under row 0200 if no cap was applied. |
2. Composition and maturity
2.1. M 02.00 – MREL and TLAC capacity and composition (resolution groups and entities) (TLAC1)
2.1.1. General remarks
| 2. | Template M 02.00 – MREL and TLAC capacity and composition (resolution groups and entities) (TLAC1) provides further details on the composition of the own funds and eligible liabilities. | |
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| 3. | The column referring to the minimum requirement for own funds and eligible liabilities (MREL) shall be filled in by entities that are subject to the minimum requirement for own funds and eligible liabilities in accordance with Article 45e of Directive 2014/59/EU. Only those entities obliged to comply with the requirement laid down in Article 92a of Regulation (EU) No 575/2013 shall report items referring to the G-SII requirement for own funds and eligible liabilities (TLAC). |
2.1.2. Instructions concerning specific positions
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