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.
| Columns | Legal references and instructions |
|---|---|
| 0010 – 0030 | Issuing entity Where the information is reported with reference to a resolution group, the entity of the group that issued the respective instrument shall be indicated. Where the information is reported, with reference to a single resolution entity, the issuing entity shall be the reporting entity itself. |
| 0010 | Name Name of the entity that issued the own funds instrument or the eligible liability instrument |
| 0020 | Code Code of the entity that issued the own funds instrument or the eligible liability instrument. The code as part of a row identifier must be unique for each reported entity. For institutions, the code shall be the LEI code. For other entities the code shall be the LEI code, or if not available, a national code. The code shall be unique and used consistently across the templates and across time. The code shall always have a value. |
| 0030 | Type of code The institutions shall identify the type of code reported in column 0020 as a ‘LEI code’ or ‘Non-LEI code’. The type of code shall always be reported. |
| 0040 | Contract identifier The contract identifier of the instrument, such as CUSIP, ISIN or Bloomberg identifier for private placement, shall be reported. This item is part of the row identifier. |
| 0050 | Governing law (third country) The third country (countries other than the countries of the EEA) the law of which governs the contract, or parts of the contract, shall be indicated. |
| 0060 | Contractual recognition of write down and conversion powers It shall be indicated whether the contract contains the contractual terms referred to in Article 55(1) of Directive 2014/59/EU, Article 52(1), points (p) and (q), and Article 63, points (n) and (o), of Regulation (EU) No 575/2013. |
| 0070 – 0080 | Regulatory treatment |
| 0070 | Type of own funds or eligible liabilities Type of own funds or eligible liabilities, as which the instrument qualifies at the reference date. Transitional provisions on the eligibility of instruments shall be taken into consideration. Instruments that qualify for multiple capital classes shall be reported once per applicable capital class. The type of own funds or eligible liabilities shall be one of the following: — CET1 — Additional Tier 1 — Tier 2 — Eligible liabilities |
| 0080 | Instrument type The type of instrument to be specified depends on the governing law under which it is issued. In case of CET1 instruments, the type of instrument shall be selected from the list of CET1 instruments published by the EBA pursuant to Article 26(3) of Regulation (EU) No 575/2013. In case of own funds other than CET1, and eligible liabilities, the type of instrument shall be selected from a list of corresponding instruments published by EBA, competent authorities or resolution authorities, where such list is available. Where no list is available, the reporting entity shall specify the type of instruments itself. |
| 0090 | Amount The amount recognised in own funds or eligible liabilities shall be reported considering the level the report refers to, in case of instruments included at multiple levels. The amount shall be the amount relevant at the reference date, considering the effect of transitional provisions. |
| 0100 – 0110 | Rank in normal insolvency proceedings The ranking of the instrument in normal insolvency proceedings shall be specified. It shall consist of the two letter ISO code of the country the law of which governs the ranking of the contract (column 0100), which shall be the law of a Member State, and the number of the relevant insolvency rank (column 0110). The relevant insolvency rank shall be determined based on the insolvency rankings published by resolution or other authorities, where such a standardised list is available. |
| 0120 | Maturity The maturity of the instrument shall be reported in the following format: dd/mm/yyyy. In case of perpetual instruments, the cell shall be left empty. |
| 0130 | (First) Call date Where the issuer possesses a call option, the first date at which the call can be exercised shall be reported. If the first call date has occurred prior to the reference date, that date shall be reported if the call is still exercisable. If it is not exercisable anymore, the next date at which the call be exercised shall be reported. In case of issuer call options with unspecified exercise date or call options triggered by specific events, the conservatively estimated likely call date shall be reported. Regulatory or tax calls options shall not be considered for the purposes of this column. |
| 0140 | Regulatory call (Y/N) It shall be indicated whether the issuer possesses a call option exercisable upon the occurrence of a regulatory event affecting the eligibility of the contract to MREL. |
8
Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for Own Funds requirements for institutions (OJ L 74, 14.3.2014, p. 8, ELI: http://data.europa.eu/eli/reg_del/2014/241/oj).
9
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 (OJ L 176, 27.6.2013, p. 338, ELI: http://data.europa.eu/eli/dir/2013/36/oj).
ANNEX III
DISCLOSURE ON THE MINIMUM REQUIREMENT FOR OWN FUNDS AND ELIGIBLE LIABILITIES
| Template code | Name of the template |
|---|---|
| EU KM2 | Key metrics – MREL and, where applicable, G-SII requirement for own funds and eligible liabilities |
| EU TLAC1 | Composition – MREL and, where applicable, G-SII requirement for own funds and eligible liabilities |
| EU iLAC | Internal loss absorbing capacity: internal MREL and, where applicable, requirement for own funds and eligible liabilities for non-EU G-SIIs |
| EU TLAC2 | Creditor ranking – Entity that is not a resolution entity |
| EU TLAC3 | Creditor ranking – Resolution entity |
EU KM2: Key metrics – MREL and, where applicable, G-SII requirement for own funds and eligible liabilities
| a | b | c | d | e | f | ||
| Minimum requirement for own funds and eligible liabilities (MREL) | G-SII Requirement for own funds and eligible liabilities (TLAC) | G-SII Requirement for own funds and eligible liabilities (TLAC) | G-SII Requirement for own funds and eligible liabilities (TLAC) | G-SII Requirement for own funds and eligible liabilities (TLAC) | G-SII Requirement for own funds and eligible liabilities (TLAC) | ||
| T | T | T-1 | T-2 | T-3 | T-4 | ||
| Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components | Own funds and eligible liabilities, ratios and components |
| 1 | Own funds and eligible liabilities | ||||||
| EU-1a | Of which own funds and subordinated liabilities | ||||||
| 2 | Total risk exposure amount of the resolution group (TREA) | ||||||
| 3 | Own funds and eligible liabilities as a percentage of the TREA | ||||||
| EU-3a | Of which own funds and subordinated liabilities | ||||||
| 4 | Total exposure measure (TEM) of the resolution group | ||||||
| 5 | Own funds and eligible liabilities as percentage of the TEM | ||||||
| EU-5a | Of which own funds or subordinated liabilities | ||||||
| 6a | Does the subordination exemption in Article 72b(4) of Regulation (EU) No 575/2013 apply? (5 % exemption) | ||||||
| 6b | Aggregate amount of permitted non-subordinated eligible liabilities instruments if the subordination discretion in accordance with Article 72b(3) of Regulation (EU) No 575/2013 is applied (max 3,5 % exemption) | ||||||
| 6c | If a capped subordination exemption applies in accordance with Article 72b (3) of Regulation (EU) No 575/2013, the amount of funding issued that ranks pari passu with excluded liabilities and that is recognised under row 1, divided by funding issued that ranks pari passu with excluded liabilities and that would be recognised under row 1 if no cap was applied (%) | ||||||
| Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) | Minimum requirement for own funds and eligible liabilities (MREL) |
| EU-7 | MREL expressed as a percentage of the TREA | ||||||
| EU-8 | Of which to be met with own funds or subordinated liabilities | ||||||
| EU-9 | MREL expressed as a percentage of the TEM | ||||||
| EU-10 | Of which to be met with own funds or subordinated liabilities |
EU TLAC1 – Composition – MREL and, where applicable, G-SII requirement for own funds and eligible liabilities
| a | b | c | ||
| 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 | ||
| Own funds and eligible liabilities and adjustments | Own funds and eligible liabilities and adjustments | Own funds and eligible liabilities and adjustments | Own funds and eligible liabilities and adjustments | Own funds and eligible liabilities and adjustments |
| 1 | Common Equity Tier 1 capital (CET1) | |||
| 2 | Additional Tier 1 capital (AT1) | |||
| 3 | Empty set in the EU | |||
| 4 | Empty set in the EU | |||
| 5 | Empty set in the EU | |||
| 6 | Tier 2 capital (T2) | |||
| 7 | Empty set in the EU | |||
| 8 | Empty set in the EU | |||
| 11 | Own funds for the purpose of Articles 92a of Regulation (EU) No 575/2013 and 45 of Directive 2014/59/EU | |||
| Own funds and eligible liabilities: Non-regulatory capital elements | Own funds and eligible liabilities: Non-regulatory capital elements | Own funds and eligible liabilities: Non-regulatory capital elements | Own funds and eligible liabilities: Non-regulatory capital elements | Own funds and eligible liabilities: Non-regulatory capital elements |
| 12 | Eligible liabilities instruments issued directly by the resolution entity that are subordinated to excluded liabilities (not grandfathered) | |||
| EU-12a | Eligible liabilities instruments issued by other entities within the resolution group that are subordinated to excluded liabilities (not grandfathered) | |||
| EU-12b | Eligible liabilities instruments that are subordinated to excluded liabilities issued prior to 27 June 2019 (subordinated grandfathered) | |||
| EU-12c | Tier 2 instruments with a residual maturity of at least one year to the extent they do not qualify as Tier 2 items | |||
| 13 | Eligible liabilities that are not subordinated to excluded liabilities (not grandfathered pre-cap) | |||
| EU-13a | Eligible liabilities that are not subordinated to excluded liabilities issued prior to 27 June 2019 (pre-cap) | |||
| 14 | Amount of non subordinated eligible liabilities instruments, where applicable after application of Article 72b (3) CRR | |||
| 15 | Empty set in the EU | |||
| 16 | Empty set in the EU | |||
| 17 | Eligible liabilities items before adjustments | |||
| EU-17a | Of which subordinated liabilities items | |||
| Own funds and eligible liabilities: Adjustments to non-regulatory capital elements | Own funds and eligible liabilities: Adjustments to non-regulatory capital elements | Own funds and eligible liabilities: Adjustments to non-regulatory capital elements | Own funds and eligible liabilities: Adjustments to non-regulatory capital elements | Own funds and eligible liabilities: Adjustments to non-regulatory capital elements |
| 18 | Own funds and eligible liabilities items before adjustments | |||
| 19 | (Deduction of exposures between multiple point of entry (MPE) resolution groups) | |||
| 20 | (Deduction of investments in other eligible liabilities instruments) | |||
| 21 | Empty set in the EU | |||
| 22 | Own funds and eligible liabilities after adjustments | |||
| EU-22a | Of which: own funds and subordinated liabilities | |||
| Risk-weighted exposure amount and leverage exposure measure of the resolution group | Risk-weighted exposure amount and leverage exposure measure of the resolution group | Risk-weighted exposure amount and leverage exposure measure of the resolution group | Risk-weighted exposure amount and leverage exposure measure of the resolution group | Risk-weighted exposure amount and leverage exposure measure of the resolution group |
| 23 | Total risk exposure amount (TREA) | |||
| 24 | Total exposure measure (TEM) | |||
| Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities |
| 25 | Own funds and eligible liabilities as a percentage of TREA | |||
| EU-25a | Of which own funds and subordinated liabilities | |||
| 26 | Own funds and eligible liabilities as a percentage of TEM | |||
| EU-26a | Of which own funds and subordinated liabilities | |||
| 27 | CET1 (as a percentage of the TREA) available after meeting the resolution group’s requirements | |||
| 28 | Institution-specific combined buffer requirement | |||
| 29 | of which capital conservation buffer requirement | |||
| 30 | of which countercyclical buffer requirement | |||
| 31 | of which systemic risk buffer requirement | |||
| EU-31a | of which Global Systemically Important Institution (G-SII) or Other Systemically Important Institution (O-SII) buffer | |||
| Memorandum items | Memorandum items | Memorandum items | Memorandum items | Memorandum items |
| EU-32 | Total amount of excluded liabilities referred to in Article 72a(2) of Regulation (EU) No 575/2013 |
EU ILAC – Internal loss absorbing capacity: internal MREL and, where applicable, requirement for own funds and eligible liabilities for non-EU G-SIIs
| a | b | c | ||
| Minimum requirement for own funds and eligible liabilities (internal MREL) | Non-EU G-SII requirement for own funds and eligible liabilities (internal TLAC) | Qualitative information | ||
| Applicable requirement and level of application | Applicable requirement and level of application | Applicable requirement and level of application | Applicable requirement and level of application | Applicable requirement and level of application |
| EU-1 | Is the entity subject to a non-EU G-SII requirement for own funds and eligible liabilities? (Y/N) | |||
| EU-2 | If EU-1 is answered by 'Yes', is the requirement applicable on a consolidated or individual basis? (C/I) | |||
| EU-2a | Is the entity subject to an internal MREL? (Y/N) | |||
| EU-2b | If EU-2a is answered by 'Yes', is the requirement applicable on a consolidated or individual basis? (C/I) | |||
| Own funds and eligible liabilities | Own funds and eligible liabilities | Own funds and eligible liabilities | Own funds and eligible liabilities | Own funds and eligible liabilities |
| EU-3 | Common Equity Tier 1 capital (CET1) | |||
| EU-4 | Eligible Additional Tier 1 capital | |||
| EU-5 | Eligible Tier 2 capital | |||
| EU-6 | Eligible own funds | |||
| EU-7 | Eligible liabilities | |||
| EU-8 | of which permitted guarantees | |||
| EU-9a | (Adjustments) | |||
| EU-9b | Own funds and eligible liabilities items after adjustments | |||
| Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure | Total risk exposure amount and total exposure measure |
| EU-10 | Total risk exposure amount (TREA) | |||
| EU-11 | Total exposure measure (TEM) | |||
| Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities | Ratio of own funds and eligible liabilities |
| EU-12 | Own funds and eligible liabilities as a percentage of the TREA | |||
| EU-13 | of which permitted guarantees | |||
| EU-14 | Own funds and eligible liabilities as a percentage of the TEM | |||
| EU-15 | of which permitted guarantees | |||
| EU-16 | CET1 (as a percentage of the TREA) available after meeting the entity’s requirements | |||
| EU-17 | Institution-specific combined buffer requirement | |||
| Requirements | Requirements | Requirements | Requirements | Requirements |
| EU-18 | Requirement expressed as a percentage of the TREA | |||
| EU-19 | of which part of the requirement that may be met with a guarantee | |||
| EU-20 | Requirement expressed as percentage of the TEM | |||
| EU-21 | of which part of the requirement that may be met with a guarantee | |||
| Memorandum items | Memorandum items | Memorandum items | Memorandum items | Memorandum items |
| EU-22 | Total amount of excluded liabilities referred to in Article 72a(2) of Regulation (EU) No 575/2013 |
EU TLAC2a: Creditor ranking – Entity that is not a resolution entity
| Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Sum of 1 to n | ||
| 1 | 1 | 2 | 2 | … | n | n | Sum of 1 to n | ||
| (most junior) | (most junior) | (most senior) | (most senior) | Sum of 1 to n | |||||
| Resolution entity | Other | Resolution entity | Other | … | Resolution entity | Other | Sum of 1 to n | ||
| 1 | Empty set in the EU | ||||||||
| 2 | Description of insolvency rank (free text) | ||||||||
| 3 | Liabilities and own funds | ||||||||
| 4 | of which excluded liabilities | ||||||||
| 5 | Liabilities and own funds less excluded liabilities | ||||||||
| 6 | Subset of liabilities and own funds less excluded liabilities that are own funds and eligible liabilities for the purpose of [choose as a appropriate: internal MREL/internal TLAC] | ||||||||
| 7 | of which residual maturity ≥ 1 year < 2 years | ||||||||
| 8 | of which residual maturity ≥ 2 year < 5 years | ||||||||
| 9 | of which residual maturity ≥ 5 years < 10 years | ||||||||
| 10 | of which residual maturity ≥ 10 years, but excluding perpetual securities | ||||||||
| 11 | of which perpetual securities |
EU TLAC2b: Creditor ranking – Entity that is not a resolution entity
| Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Sum of 1 to n | ||
| 1 | 1 | 2 | 2 | … | n | n | Sum of 1 to n | ||
| (most junior) | (most junior) | (most senior) | (most senior) | Sum of 1 to n | |||||
| Resolution entity | Other | Resolution entity | Other | … | Resolution entity | Other | Sum of 1 to n | ||
| 1 | Empty set in the EU | ||||||||
| 2 | Description of insolvency rank (free text) | ||||||||
| 3 | Empty set in the EU | ||||||||
| 4 | Empty set in the EU | ||||||||
| 5 | Empty set in the EU | ||||||||
| 6 | Own funds and eligible liabilities for the purpose of internal MREL | ||||||||
| 7 | of which residual maturity ≥ 1 year < 2 years | ||||||||
| 8 | of which residual maturity ≥ 2 year < 5 years | ||||||||
| 9 | of which residual maturity ≥ 5 years < 10 years | ||||||||
| 10 | of which residual maturity ≥ 10 years, but excluding perpetual securities | ||||||||
| 11 | of which perpetual securities |
EU TLAC3a: Creditor ranking – Resolution entity
| Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Sum of 1 to n | ||
| 1 | 2 | … | n | Sum of 1 to n | ||
| (most junior) | (most senior) | Sum of 1 to n | ||||
| 1 | Description of insolvency rank (free text) | |||||
| 2 | Liabilities and own funds | |||||
| 3 | of which excluded liabilities | |||||
| 4 | Liabilities and own funds less excluded liabilities | |||||
| 5 | Subset of liabilities and own funds less excluded liabilities that are own funds and liabilities potentially eligible for meeting [choose as a appropriate: MREL/TLAC] | |||||
| 6 | of which residual maturity ≥ 1 year < 2 years | |||||
| 7 | of which residual maturity ≥ 2 year < 5 years | |||||
| 8 | of which residual maturity ≥ 5 years < 10 years | |||||
| 9 | of which residual maturity ≥ 10 years, but excluding perpetual securities | |||||
| 10 | of which perpetual securities |
EU TLAC3b: Creditor ranking – Resolution entity
| Insolvency ranking | Insolvency ranking | Insolvency ranking | Insolvency ranking | Sum of 1 to n | ||
| 1 | 2 | … | n | Sum of 1 to n | ||
| (most junior) | (most senior) | Sum of 1 to n | ||||
| 1 | Description of insolvency rank (free text) | |||||
| 2 | Empty set in the EU | |||||
| 3 | Empty set in the EU | |||||
| 4 | Empty set in the EU | |||||
| 5 | Own funds and liabilities potentially eligible for meeting MREL | |||||
| 6 | of which residual maturity ≥ 1 year < 2 years | |||||
| 7 | of which residual maturity ≥ 2 year < 5 years | |||||
| 8 | of which residual maturity ≥ 5 years < 10 years | |||||
| 9 | of which residual maturity ≥ 10 years, but excluding perpetual securities | |||||
| 10 | of which perpetual securities |
ELI: http://data.europa.eu/eli/reg_impl/2024/1618/oj
ISSN 1977-0677 (electronic edition)
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.
This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence.
EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.