Commission Implementing Regulation (EU) 2018/308 of 1 March 2018 laying down implementing technical standards for Directive 2014/59/EU of the European Parliament and of the Council with regard to formats, templates and definitions for the identification and transmission of information by resolution authorities for the purposes of informing the European Banking Authority of the minimum requirement for own funds and eligible liabilities (Text with EEA relevance. )

2.3.2018 EN Official Journal of the European Union L 60/7 COMMISSION IMPLEMENTING REGULATION (EU) 2018/308 of 1 March 2018 laying down implementing technical standards for Directive 2014/59/EU of the European Parliament and of the Council with regard to formats, templates and definitions for the identification and transmission of information by resolution authorities for the purposes of informing the European Banking Authority of the minimum requirement for own funds and eligible liabilities (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 Direct­ ive 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 (1), and in particular the third subparagraph of Article 45(17) thereof, Whereas: (1) Resolution authorities have been given the task of setting, for each institution, the minimum requirement for own funds and eligible liabilities (‘MREL’) in accordance with the requirements and the procedures laid down in Article 45 of Directive 2014/59/EU as further specified by Commission Delegated Regulation (EU) 2016/1450 (2). (2) Resolution authorities are required under Article 45(16) of Directive 2014/59/EU to inform the European Banking Authority (EBA), in coordination with competent authorities, of the requirements they have set. Uniform formats, templates and definitions for the identification and transmission of that information to the EBA should be designed in such a way that they facilitate the monitoring by the EBA of MREL decisions and ensure a meaningful assessment of convergence in approach across the Union. (3) In respect of groups which are subject to a consolidated MREL, it is necessary to clarify which resolution authority should transmit to the EBA the information on, first, the MREL determined for the parent undertaking concerned, and second, the MREL applied to the subsidiaries, whether on the basis of a joint decision reached between the group-level resolution authority and the resolution authority responsible for the subsidiary on an individual basis, or of a decision taken by the resolution authority of the subsidiary in the absence of a joint decision. In order to ensure that the EBA is provided with the necessary information as regards both the parent undertaking and the subsidiaries, the relevant group-level resolution authority should be required to inform the EBA, in coordination with the consolidating supervisor, of both the MREL determined on an individual and the MREL determined on a consolidated basis for the parent undertaking concerned, and the resolution authorities responsible for a group's subsidiaries, in coordination with competent authorities, should be required to inform the EBA of the MREL that has been set for each institution under their jurisdiction. (4) In order to promote convergence of practices regarding MREL decisions and to strengthen the monitoring role of the EBA, uniform reporting periods and submission dates for the transmission of information by the resolution authorities to the EBA should be established. (5) This Regulation is based on the draft implementing technical standards submitted by the EBA to the Commission. (6) The 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 (3), (1) OJ L 173, 12.6.2014, p. 190. (2) Commission Delegated Regulation (EU) 2016/1450 of 23 May 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodology for setting the minimum requirement for own funds and eligible liabilities (OJ L 237, 3.9.2016, p. 1). (3) 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).L 60/8 EN Official Journal of the European Union 2.3.2018 HAS ADOPTED THIS REGULATION: Article 1 Information included in the templates 1. For the purposes of informing the EBA of the minimum requirement for own funds and eligible liabilities (‘MREL’), and where relevant the requirement laid down in Article 45(13) of Directive 2014/59/EU, that have been set for each institution under their jurisdiction in accordance with Article 45(16) of that Directive on an individual and consolidated basis, resolution authorities, in coordination with competent authorities, shall transmit to the EBA the information specified in the templates set out in Annexes I and II to this Regulation. 2. In respect of institutions that are part of a group subject to a consolidated MREL, resolution authorities, in coordination with competent authorities, shall also transmit to the EBA the information as specified in the template set out in Annex III. 3. For the purposes of paragraphs 1 and 2, resolution authorities shall, where indicated in the template set out in Annex II, provide qualitative information explaining the reasons for MREL decisions on a best effort basis including, where appropriate, references to individual or group resolution plans, public decisions or policy statements of the resolution authority, or other supporting documents. 4. The terms used in Annex II shall have the meaning attributed to them in the relevant provisions referred to in the relevant column of the table included in that Annex. Article 2 Simplified reporting requirement for institutions subject to waivers and institutions for which the recapitalisation amount is zero 1. By way of derogation from Article 1 of this Regulation, in relation to those institutions for which the application of the MREL has been waived under Article 45(11) or (12) of Directive 2014/59/EU, resolution authorities shall transmit to the EBA the information specified in Annex I, columns 10 to 90 of Annex II and, in respect of institutions that are part of a group subject to consolidated MREL, Annex III to this Regulation. 2. By way of derogation from Article 1 of this Regulation, in respect of those institutions for which the recapitalisa­ tion amount is zero in accordance with Article 2(2) of Delegated Regulation (EU) 2016/1450, resolution authorities shall transmit to the EBA the information specified in Annex I, columns 10 to 120 of Annex II and, in respect of institutions that are part of a group subject to consolidated MREL, Annex III to this Regulation. Article 3 Reporting authority in respect of groups In respect of groups which are subject to a consolidated MREL, the information referred to in Articles 1 and 2 shall be submitted in the following manner: (a) the relevant group-level resolution authority, in coordination with the consolidating supervisor, shall inform the EBA of both the MREL determined on an individual, and the MREL determined on a consolidated basis for the Union parent undertaking or the parent undertaking referred to in Article 2 of Regulation (EU) No 806/2014 of the European Parliament and of the Council (1); (b) the relevant resolution authorities, in coordination with the competent authority, shall inform the EBA of the MREL to be applied to the group subsidiaries under their jurisdiction on an individual basis. (1) Regulation (EU) N0 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).2.3.2018 EN Official Journal of the European Union L 60/9 Article 4 Reporting periods and submission dates 1. Resolution authorities shall transmit the information referred to in Article 1 without undue delay after the decision establishing the MREL is taken or updated. 2. Resolution authorities shall transmit the information referred to in Article 2 for the MREL which has been determined and remains applicable as at 1 April of each year by 30 April of the same year. Article 5 Entry into force 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, 1 March 2018. For the Commission The President Jean-Claude JUNCKERL 60/10 EN Official Journal of the European Union 2.3.2018 ANNEX I Information about the reporting resolution authority Reporting resolution authority Submission date Contact person Name Email Phone General comments (if any)ANNEX II MREL information Simplified reporting template Mandatory (if 90 is ‘Yes’) For institutions for which the recapitalization amount is zero in applica­ To be filled for all institutions tion of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450 Legal Article 45(7) and (8) Article 1(5)(b)(i) reference of Directive Article 45(11) and (12) of Article 1(4) of Article 1(4) of and/or Simplified report­ 2014/59/EU or Directive 2014/59/EU or Commission Imple­ Commission Del­ Article 1(5)(b)(ii) of General information ing template Article 12(8) of Article 12(10) of Regulation menting Regulation egated Regulation Commission Del­ (if applicable) Regulation (EU) (EU) No 806/2014 (EU) 2016/962 (EU) 2016/1450 egated Regulation No 806/2014 (EU) 2016/1450 Member Is the reporting resol­ Application of Legal entity Consolidated or in­ Date of MREL Simplified MREL equal to default Types of adjustments Entity state of ution authority the MREL waived by Category of institu­ identifier (LEI dividual require­ decision or Notes reporting template loss absorption to loss absorption name incorpora­ Group-level resolution resolution tion (if applicable) code) ment? waiver decision (if applicable) amount? amount (if applicable) tion authority? authority? 10 20 30 40 50 60 70 80 90 100 110 120 (1) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 of 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) 2.3.2018 EN Official Journal of the European Union L 60/11Not mandatory for institutions for which the recapitalisation amount is zero in application of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450 Type of Total liabilities and Total risk exposure amount Leverage ratio denominator Loss absorption amount requirement own funds Article 45(9) Article 7(2) of Article 2(3) of Commission Delegated Article 2(3) of Commission Delegated Article 1(4) of Article 1(5)(b)(i) of Commis­ Article 1(5)(b)(ii) of Commission and (10) of Commission Del­ Regulation (EU) 2016/1450 and Regulation (EU) 2016/1450 and Commission Del­ sion Delegated Regulation (EU) Delegated Regulation (EU) Directive egated Regulation Article 92(3) and (4) of Regulation (EU) Artilce 429(4) to (11) of Regulation (EU) egated Regulation 2016/1450 2016/1450 2014/59/EU (EU) 2016/1450 No 575/2013(1) No 575/2013 (EU) 2016/1450 Default loss absorp­ Reporting Reporting Reporting tion amount pursuant Type(s) of Down­ MREL set Assumed Assumed Upward Type(s) of Total (240 reference reference reference to Article 1 (4) of upward ward by joint Current Current after res­ Notes Current after res­ Notes adjust­ Notes downward Notes + 250 + date of date of date of Commission Del­ adjust­ adjust­ decision olution olution ment adjustment 280) item 140 item 160 item 200 egated Regulation ment ment (EU) 2016/1450 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 (1) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 of 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) L 60/12 EN Official Journal of the European Union 2.3.2018Not mandatory for institutions for which the recapitalisation amount is zero in application of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450 Adjustments related to impediments to resolvability, size, systemic risk and DGS Recapitalisation amount contributions Article 2(5) Article 2(7) and and (6) of Article 2(10) of Article 3 of Article 5 of (8) of Commis­ Article 2(8) of Commission Article 6 of Commission Commission Article 2(9) of Commission Delegated Commission Del­ Commission Del­ Commission Del­ sion Delegated Delegated Regulation (EU) Delegated Regulation Delegated Regu­ Regulation (EU) 2016/1450 egated Regulation egated Regulation egated Regulation Regulation (EU) 2016/1450 (EU) 2016/1450 lation (EU) (EU) 2016/1450 (EU) 2016/1450 (EU) 2016/1450 2016/1450 2016/1450 Downward adjustment taking Default additional Adjustment to Adjustment For contribu­ into account information Total (320 For exclu­ For size To meet condit­ amount to main­ maintain market to tions by the Total (410 received from the competent + 330 + sions and ions for author­ tain market confi­ confidence Notes Notes column 330 Notes Notes Notes DGS to the Notes + 430 + authority relating to the institu­ 340 + 360 from systemic isation dence by meeting following peer for group financing of 450) tion's business model, funding + 380) bail-in risk buffers group comparison subsidiaries resolution model, and overall risk profile 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 (1) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 of 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) 2.3.2018 EN Official Journal of the European Union L 60/13Not mandatory for institutions for which the recapitalisation amount is zero in application of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450 Combined assessment of MREL Transitional or post-resolution arrangements (if applicable) Article 7(1) of Article 7(2) of Article 8 of Commission Commission Article 45(13) Commission Delegated Regu­ Delegated Regu­ of Directive Delegated Regu­ Article 8(2) of Commission Delegated Regulation (EU) 2016/1450 lation (EU) lation (EU) 2014/59/EU lation (EU) 2016/1450 2016/1450 2016/1450 Percentage of Planned Planned Planned Planned MREL as % of Date at which MREL to be met Type of MREL (as % Intended MREL (as % Intended MREL (as % Intended MREL (as % Intended Account­ Total (310 + total liabilities requirement set through contrac­ transitional of total liabil­ date of of total liabil­ date of of total liabil­ date of of total liabil­ date of ing frame­ 400 + 470) and own funds in 490 must be tual bail-in arrangements ities and own application ities and own application ities and own application ities and own application work (480 / 140) met instruments funds) funds) funds) funds) 480 490 500 510 520 530 540 550 560 570 580 590 600 610 (1) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 of 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) L 60/14 EN Official Journal of the European Union 2.3.2018ANNEX III MREL location Institution Ultimate parent undertaking Union parent undertaking Relevant immediate parent undertaking Legal entity identi­ Member state of Country of Member state of Country of Entity name LEI code Entity name LEI code Entity name LEI code Entity name fier (LEI code) incorporation incorporation incorporation incorporation 2.3.2018 EN Official Journal of the European Union L 60/15