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.)

5.6.2019 EN Official Journal of the European Union L 146/3 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) 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). (1) OJ L 176, 27.6.2013, p. 338. (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).L 146/4 EN Official Journal of the European Union 5.6.2019 (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 (1). (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 (1) 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).5.6.2019 EN Official Journal of the European Union L 146/5 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 Links to Reference(s) to Provisions of Directive Available in Transposition of provisions of Directive 2013/36/EU national national 2013/36/EU EN (Y/N) text(1) provisions(2) 010 Date of the last update of information in this (dd/mm/yyyy) template 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 Articles 8 to 27 credit institutions 050 1. General requirements for access to the Articles 8 to 21 activity of credit institutions 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 Articles 33 to 46 establishment and the freedom to provide services 090 1. General principles Articles 33 to 34 100 2. The right of establishment of credit in­ Articles 35 to 38 stitutionsL 146/6 EN Official Journal of the European Union 5.6.2019 Links to Reference(s) to Provisions of Directive Available in Transposition of provisions of Directive 2013/36/EU national national 2013/36/EU EN (Y/N) text(1) provisions(2) 110 3. Exercise of the freedom to provide ser­ Article 39 vices 120 4. Powers of the competent authorities of Articles 40 to 46 the host Member State 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 Articles 49 to 52 host Member States 170 1.2 Exchange of information and profes­ Articles 53 to 62 sional secrecy 180 1.3 Duty of persons responsible for the legal Article 63 control of annual and consolidated ac­ counts 190 1.4 Supervisory powers, powers to impose Articles 64 to 72 penalties and right of appeal 200 2. Review processes Articles 73 to 110 210 2.1 Internal capital adequacy assessment Article 73 process 220 2.2 Arrangements, processes and mechan­ Articles 74 to 96 isms of institutions 230 2.3 Supervisory review and evaluation pro­ Articles 97 to 101 cess 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 Articles 111 to 118 a consolidated basis 280 3.2 Financial holding companies, mixed Articles 119 to 127 financial holding companies and mixed- activity holding companies5.6.2019 EN Official Journal of the European Union L 146/7 Links to Reference(s) to Provisions of Directive Available in Transposition of provisions of Directive 2013/36/EU national national 2013/36/EU EN (Y/N) text(1) provisions(2) 290 4. Capital buffers Articles 128 to 142 300 4.1 Buffers Articles 128 to 134 310 4.2 Setting and calculating countercyclical Articles 135 to 140 capital buffers 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 supervis­ Articles 151 to 159 ion of institutions exercising the free­ dom of establishment and the freedom to provide services 370 2. Transitional provisions for capital buf­ Article 160 fers 380 3. Final provisions Articles 161 to 165 (1) Hyperlink(s) to the website containing the national text transposing the Union provision in question. (2) Detailed references to the national provisions, such as relevant Title, Chapter, paragraph etc. 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 020 Minimum documentation to be provided by the institutions applying for the use of [free text] IRB approach 030 Description of the assessment process conducted by the competent authority (use of [free text] self assessment, reliance on external auditors and on-site-inspections) and main cri­ teria of the assessment 040 Form of the decisions taken by the competent authority and communication of the [free text] decisions to applicantsL 146/8 EN Official Journal of the European Union 5.6.2019 Supervisory approach for the approval of the use of Internal Model Approach (IMA) to calculate mini­ mum capital requirements for market risk 050 Minimum documentation to be provided by the institutions applying for the use of [free text] IMA approach 060 Description of the assessment process conducted by the competent authority (use of [free text] self assessment, reliance on external auditors and on-site-inspections) and main cri­ teria of the assessment 070 Form of the decisions taken by the competent authority and communication of the [free text] decisions to applicants Supervisory approach for the approval of the use of Internal Model Method (IMM) to calculate mini­ mum capital requirements for counterparty credit risk 080 Minimum documentation to be provided by the institutions applying for the use of [free text] IMM approach 090 Description of the assessment process conducted by the competent authority (use of [free text] self assessment, reliance on external auditors and on-site-inspections) and main cri­ teria of the assessment 100 Form of the decisions taken by the competent authority and communication of the [free text] decisions to applicants Supervisory approach for the approval of the use of Advanced Measurement Approach (AMA) to calcu­ late minimum capital requirements for operational risk 110 Minimum documentation to be provided by the institutions applying for the use of [free text] AMA approach 120 Description of the assessment process conducted by the competent authority (use of [free text] self assessment, reliance on external auditors and on-site-inspections) and main cri­ teria of the assessment 130 Form of the decisions taken by the competent authority and communication of the [free text] decisions to applicants PART 3 Specialised lending exposures Regulation (EU) Information to be provided Provisions No 575/2013 by the competent authority 010 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 [Yes/No] how institutions should take into account the factors referred to in paragraph 5 of Article 153 when assigning risk weights to specialised lending exposures? 030 If so, please provide the reference to the national guidance [reference to national text] 040 Is the national guidance available in English? [Yes/No]5.6.2019 EN Official Journal of the European Union L 146/9 PART 4 Credit risk mitigation Regulation (EU) Information to be provided by the competent Provisions Description No 575/2013 authority 010 Date of the last update of the information in this template (dd/mm/yyyy) 020 Article 201(2) Publication of the list Competent authorities shall publish List of the financial [free text - a hyper­ of financial and maintain the list of financial in­ institutions or guiding link to such list or institutions that are stitutions that are eligible providers criteria for their guiding criteria on eligible providers of of unfunded credit protection under identification the competent unfunded credit point (f) of Article 201(1) of Regu­ authority's website protection or guiding lation (EU) No 575/2013 or the can be provided] criteria for identifying guiding criteria for identifying such these financial eligible providers institutions 030 Description of the Competent authorities shall publish Description of the [free text] applicable prudential a description of the applicable pru­ prudential requirements dential requirements together with requirements applied the list of the eligible financial insti­ by the competent tutions or the guiding criteria for authority identifying these financial institu­ tions 040 Article 227(2)(e) Condition for Under the Financial collateral Com­ Detailed description [free text] applying a 0 % prehensive Method institutions may on how the volatility adjustment apply a 0 % volatility adjustment competent authority provided that the transaction is considers the settled in a settlement system pro­ settlement system as ven for that type of transaction a proven system 050 Article 227(2)(f) Condition for Under the Financial collateral Com­ Specification of the [free text] applying a 0 % prehensive Method institutions may documentation to be volatility adjustment apply a 0 % volatility adjustment considered as provided that the documentation standard market covering the agreement or trans­ documentation action is standard market documen­ tation for repurchase transactions or securities lending or borrowing transactions in the securities con­ cerned 060 Article 229(1) Valuation principles The immovable property may be va­ Criteria set out in the [free text] for immovable lued by an independent valuer at or national legislation for property collateral at less than the mortgage lending the assessment of the under the IRB value in the Member States that mortgage lending approach have laid down rigorous criteria for value the assessment of this mortgage lending value in statutory or regula­ tory provisionsL 146/10 EN Official Journal of the European Union 5.6.2019 PART 5 Specific disclosure requirements applied to institutions Information to be Regulation (EU) Directive 2013/36/EU Provision provided by the No 575/2013 competent authority 010 Date of the last update of information in this template (dd/mm/yyyy) 020 Article 106(1)(a) Competent authorities may require Frequency and [free text] institutions to publish information deadlines for referred to in Part Eight of Regu­ publication applicable lation (EU) No 575/2013 more than to institutions once per year, and to set deadlines for publication 030 Article 106(1)(b) Competent authorities may require Types of specific [free text] institutions to use specific media media to be used by and locations for publications other institutions than the financial statements 040 Article 13(1) and (2) Significant subsidiaries and those Criteria applied by the [free text] which are of material significance competent authority for their local market shall disclose to assess the information specified in Part Eight significance of of Regulation (EU) No 575/2013 on a subsidiary an individual or sub-consolidated basis. PART 6 Waivers for the application of prudential requirements Information to be Regulation (EU) Provisions Description provided by the No 575/2013 competent authority 010 Date of the last update of the information in this template (dd/mm/yyyy) 020 Article 7(1) and (2) Exemption from the The waiver may be granted to any Criteria applied by the [free text] application on an subsidiary provided that there is no competent authority (Individual waivers individual basis of current or foreseen material practi­ to assess that there is for subsidiaries) prudential cal or legal impediment to the no obstacle to the requirements set out prompt transfer of own funds or re­ prompt transfer of in Parts Two to Five payment of liabilities by its parent own funds or and Eight of undertaking pursuant to point (a) of repayment of Regulation (EU) Article 7(1). liabilities No 575/2013 030 Article 7(3) Exemption from the The waiver may be granted to a par­ Criteria applied by the [free text] application on an ent institution provided that there is competent authority (Individual waivers individual basis of no current or foreseen material to assess that there is for parent prudential practical or legal impediment to the no obstacle to the institutions) requirements set out prompt transfer of own funds or re­ prompt transfer of in Parts Two to Five payment of liabilities to the parent own funds or and Eight of institution pursuant to point (a) of repayment of Regulation (EU) Article 7(3). liabilities No 575/20135.6.2019 EN Official Journal of the European Union L 146/11 Information to be Regulation (EU) Provisions Description provided by the No 575/2013 competent authority 040 Article 8 Exemption from the The waiver may be granted to insti­ Criteria applied by the [free text] application on an tutions within a sub-group provided competent authority (Liquidity waivers individual basis of that these institutions have entered to assess whether the for subsidiaries) liquidity requirements into contracts that, to the satisfac­ contracts provide for set out in Part Six of tion of the competent authorities, free movement of Regulation (EU) provide for the free movement of funds between the No 575/2013 funds between them to enable them institutions in to meet their individual and joint a liquidity sub-group obligations as they become due pur­ suant to point (c) of Article 8(1). 050 Article 9(1) Permission granted to The permission is granted only Criteria applied by the [free text] parent institutions to where the parent institution demon­ competent authority (Individual consoli­ incorporate strates fully to the competent to assess that there is dation method) subsidiaries in the authorities that there is no current no obstacle to the calculation of their or foreseen material practical or prompt transfer of prudential legal impediment to the prompt own funds or requirements set out transfer of own funds, or repayment repayment of in Parts Two to Five of liabilities when due by the sub­ liabilities and Eight of sidiary incorporated in the calcula­ Regulation (EU) tion of requirements to its parent No 575/2013 institution pursuant to Article 9(2). 060 Article 10 Exemption from the Member States may maintain and Applicable national [reference to national application on an make use of existing national legisla­ law / regulation text] (Credit institutions individual basis of tion regarding the application of the regarding the permanently af­ prudential waiver as long as it does not application of the filiated to a central requirements set out conflict with the Regulation (EU) waiver body) in Parts Two to Eight No 575/2013 or Directive of Regulation (EU) 2013/36/EU No 575/2013 PART 7 Qualifying holdings in a credit institution Assessment criteria and infor­ mation that is necessary for assessing the suitability of the Directive 2013/36/EU proposed acquirer seeking to Information to be provided by the competent authority acquire a credit institution and the financial soundness of the proposed acquisition 010 Date of the last update of information in this template (dd/mm/yyyy) 020 Article 23(1)(a) Reputation of the proposed Description on how the competent authority [free text] acquirer assesses the integrity of the proposed acquirer 030 Description on how the competent authority [free text] assesses the professional competence of the pro­ posed acquirer 040 Practical details on the cooperation process [free text] between competent authorities pursuant to Article 24 of Directive 2013/36/EUL 146/12 EN Official Journal of the European Union 5.6.2019 Assessment criteria and infor­ mation that is necessary for assessing the suitability of the Directive 2013/36/EU proposed acquirer seeking to Information to be provided by the competent authority acquire a credit institution and the financial soundness of the proposed acquisition 050 Article 23(1)(b) Reputation, knowledge, Description on how the competent authority [free text] skills and experience of any assesses the reputation, knowledge, skills and ex­ member of the manage­ perience of members of management body and se­ ment body or senior man­ nior managers agement who will direct the business of the credit institution 060 Article 23(1)(c) Financial soundness of the Description on how the competent authority [free text] proposed acquirer assesses the financial soundness of the proposed acquirer 070 Practical details on the cooperation process [free text] between competent authorities pursuant to Article 24 of Directive 2013/36/EU 080 Article 23(1)(d) Compliance of the credit Description on how the competent authority [free text] institution with the pruden­ assesses whether or not the credit institution will tial requirements be able to comply with the prudential require­ ments 090 Article 23(1)(e) Suspicion of money laun­ Description on how the competent authority [free text] dering or terrorist finan­ assesses whether or not there are reasonable cing grounds to suspect money laundering or terrorist financing 100 Practical details on the cooperation process [free text] between competent authorities pursuant to Article 24 of Directive 2013/36/EU 110 Article 23(4) List specifying the informa­ List of information that must be provided by the [free text] tion to be provided to the proposed acquirer at the time of notification in or­ competent authorities at der for the competent authority to carry out the the time of notification assessment of the proposed acquirer and the pro­ posed acquisition 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 Imple­ menting Regulation 680/2014 030 Is the application of the requirement set out in Article 99(2) of Regulation (EU) [Yes/No] No 575/2013 extended to institutions which do not apply international account­ ing standards as applicable under Regulation (EC) No 1606/2002? 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-consoli­ [free text] dated basis)5.6.2019 EN Official Journal of the European Union L 146/13 060 Is the application of requirements set out in Article 99(2) of Regulation (EU) [Yes/No] No 575/2013 extended to financial entities other than credit institutions or investment firms? 070 If so, what types of financial entities (e.g. financial firms) are subject to these report­ [free text] ing requirements? 080 If so, what is the size of these financial entities in terms of total balance sheet (on [free text] a solo basis)? 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 110 Is the application of requirements set out in Article 99(1) of Regulation (EU) [Yes/No] No 575/2013 extended to financial entities other than credit institutions or investment firms? 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 report­ [free text] ing requirements? 140 If so, what is the size of these financial entities in terms of total balance sheet (on [free text] a solo basis)? 150 Are XBRL standards used for submitting the reporting to the competent authority? [Yes/No]L 146/14 EN Official Journal of the European Union 5.6.2019 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 Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 010 Date of the last update of information in this template (dd/mm/yyyy) 020 Article Member Credit Institutions Exception to the pro­ The prohibition against persons or undertakings [Y/N/NA] Mandatory Mandatory 9(2) States hibition against per­ other than credit institutions from carrying out the if Y if Y sons or undertakings business of taking deposits or other repayable funds other than credit insti­ from the public shall not apply to a Member State, tutions from taking a Member State's regional or local authorities, a pub­ deposits or other re­ lic international bodies of which one or more Mem­ payable funds from ber States are members, or to cases expressly covered the public by national or union law, provided that those activ­ ities are subject to regulations and controls intended to protect depositors and investors. 030 Article Member Credit Institutions Initial capital Member States may decide that credit institutions [Y/N/NA] Mandatory Mandatory 12(3) States which do not fulfil the requirements to hold separate if Y if Y own funds and which were in existence on 15 De­ cember 1979 may continue to carry out their busi­ ness. 040 Article Member Credit Institutions Initial capital Credit Institutions for which Member States have [Y/N/NA] Mandatory Mandatory 12(3) States decided that they can continue to carry out their if Y if Y business according to Article 12(3) of Directive 2013/36/EU may be exempted by MS from comply­ ing with the requirements contained in the first sub­ paragraph of Article 13(1) of Directive 2013/36/EU. 050 Article Member Credit Institutions Initial capital Member States may grant authorisation to particular [Y/N/NA] Mandatory Mandatory 12(4) States categories of credit institutions the initial capital of if Y if Y 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. 060 Article Competent Credit Institutions Exemptions for credit Competent authorities may exempt with regard to [Y/N/NA] Mandatory Mandatory 21(1) Authorities institutions perma­ credit institutions permanently affiliated to a central if Y if Y nently affiliated to body from the requirements set out in Articles 10, a central body 12 and 13(1) of Directive 2013/36/EU. 070 Article Member Investment Firms Initial capital of par­ Member States may reduce the minimum amount of [Y/N/NA] Mandatory Mandatory 29(3) States ticular types of invest­ initial capital from EUR 125 000 to EUR 50 000 if Y if Y ment firms where a firm is not authorised to hold client money or securities, to deal for its own account, or to un­ derwrite issues on a firm commitment basis. 5.6.2019 EN Official Journal of the European Union L 146/15Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 080 Article Member Investment Firms Investment firms' in­ Member States may continue authorising investment [Y/N/NA] Mandatory Mandatory 32(1) States itial capital grand­ firm and firms covered by Article 30 of Directive if Y if Y fathering clause 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. 090 Article 40 Competent Credit Institutions Reporting require­ The competent authorities of host Member States [Y/N/NA] Mandatory Mandatory Authorities ments to host compe­ may, for information, statistical or supervisory pur­ if Y if Y tent authorities poses, 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 sig­ nificant in accordance with Article 51(1) of Directive 2013/36/EU. 100 Article Member Investment Firms Exemption from the By way of derogation from paragraph 1 of [Y/N/NA] Mandatory Mandatory 129(2) States requirement to main­ Article 129, a Member State may exempt small and if Y if Y tain a capital conser­ medium-sized investment firms from the require­ vation buffer for small ments set out in that paragraph if such an exemption and medium-sized in­ does not threaten the stability of the financial system vestment firms of that Member State. 110 Article Member Investment Firms Exemption from the By way of derogation from paragraph 1 of [Y/N/NA] Mandatory Mandatory 130(2) States requirement to main­ Article 130, a Member State may exempt small and if Y if Y tain a countercyclical medium-sized investment firms from the require­ capital buffer for small ments set out in that paragraph if such an exemption and medium-sized in­ does not threaten the stability of the financial system vestment firms of that Member State. 120 Article Member Credit Institutions Requirement to main­ Member States may apply a systemic risk buffer to [Y/N/NA] Mandatory Mandatory 133(18) States and Investment tain a systemic risk all exposures. if Y if Y firms buffer 130 Article Member Credit Institutions Recognition of a sys­ Other Member States may recognise the systemic [Y/N/NA] Mandatory Mandatory 134(1) States and Investment temic risk buffer rate risk buffer rate set according to Article 133 and may if Y if Y firms apply that buffer rate to domestically authorised in­ stitutions for the exposures located in the Member State setting that buffer rate. 140 Article Member Credit Institutions Reporting require­ The competent authorities of host Member States [Y/N/NA] Mandatory Mandatory 152 first Stattes ments to host compe­ may, for statistical purposes, require that all credit if Y if Y paragraph tent authorities institutions having branches within their territories shall report to them periodically on their activities in those host Member States. L 146/16 EN Official Journal of the European Union 5.6.2019Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 150 Article Member Credit Institutions Reporting require­ Host Member States may require that branches of [Y/N/NA] Mandatory Mandatory 152 sec­ States ments to host compe­ credit institutions from other Member States provide if Y if Y ond para­ tent authorities the same information as they require from national graph credit institutions for that purpose. 160 Article Member Credit Institutions Transitional provisions Member States may impose a shorter transitional pe­ [Y/N/NA] Mandatory Mandatory 160(6) States and Investment for capital buffers riod for capital buffers than that specified in para­ if Y if Y firms graphs 1 to 4 of Article 160. Such a shorter transit­ ional period may be recognised by other Member States. 170 Article Member Credit Institutions Treatment of indirect Member States or their competent authorities may [Y/N/NA] Mandatory Mandatory 4(2) States or and Investment holdings in real estate allow shares constituting an equivalent indirect hold­ if Y if Y Competent firms ing of immovable property to be treated as a direct Authorities holding of immovable property provided that such indirect holding is specifically regulated in the nat­ ional law of the Member State and, when pledged as collateral, provides equivalent protection to cred­ itors. 180 Article Competent Investment Firms Application of require­ Pending the report from the Commission in accord­ [Y/N/NA] Mandatory Mandatory 6(4) Authorities ments on an indi­ ance with Article 508(3), competent authorities may if Y if Y vidual basis 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. 190 Article Reporting and the Competent authorities may require that institutions [Y/N/NA] Mandatory Mandatory 24(2) compulsory use of effect the valuation of assets and off-balance sheet if Y if Y IFRS items and the determination of own funds in accord­ ance with International Accounting Standards as ap­ plicable under Regulation (EC) No 1606/2002). 200 Article Competent Credit Institutions Risk weighting and Competent authorities apply the following require­ [Y/N/NA] Mandatory Mandatory 89(3) Authorities and Investment prohibition of qualify­ ments to qualifying holdings of institutions referred if Y if Y firms ing holdings outside to in paragraphs 1 and 2: the financial sector for the purpose of calculating the capital require­ ment in accordance with Part Three of this Regu­ lation, 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 eli­ gible capital of the institution; 5.6.2019 EN Official Journal of the European Union L 146/17Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 201 Article Competent Credit Institutions Risk weighting and Competent authorities apply the following require­ [Y/N/NA] Mandatory Mandatory 89(3) Authorities and Investment prohibition of qualify­ ments to qualifying holdings of institutions referred if Y if Y firms ing holdings outside to in paragraphs 1 and 2: the financial sector the competent authorities shall prohibit institutions from having qualifying holdings referred to in para­ graphs 1 and 2 the amount of which exceeds the percentages of eligible capital laid down in those paragraphs. 210 Article Competent Investment Firms Requirements for in­ Competent authorities may set the own fund require­ [Y/N/NA] Mandatory Mandatory 95(2) Authorities vestment firms with ments for investment firms with limited authoris­ if Y if Y limited authorisation ation to provide investment services as the own fund to provide investment requirements that would be binding on those firms services according to the national transposition measures in force on 31 December 2013 for Directive 2006/49/EC and Directive 2006/48/EC. 220 Article Competent Credit Institutions Reporting on own Competent authorities may require those credit insti­ [Y/N/NA] Mandatory Mandatory 99(3) Authorities funds requirements tutions applying international accounting standards if Y if Y and financial informa­ as applicable under Regulation (EC) No 1606/2002 tion for the reporting of own funds on a consolidated ba­ sis pursuant to Article 24(2) of this Regulation to also report financial information as laid down in paragraph 2 of this Article. 230 Article Competent Credit Institutions Risk weights and cri­ Competent authorities may set a higher risk weight [Y/N/NA] Mandatory Mandatory 124(2) Authorities and Investment teria applied to expo­ or stricter criteria than those set out in Article 125(2) if Y if Y firms sures secured by mort­ and Article 126(2), where appropriate, on the basis gages on immovable of financial stability considerations. property 240 Article Exposures in the form The competent authorities may, after consulting [Y/N/NA] Mandatory Mandatory 129(1) of covered bonds EBA, partly waive the application of point (c) of the if Y if Y 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 con­ centration 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. L 146/18 EN Official Journal of the European Union 5.6.2019Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 250 Article Competent Credit Institutions Minimum values of Based on the data collected under Article 101 and [Y/N/NA] Mandatory Mandatory 164(5) Authorities and Investment exposure weighted av­ taking into account forward-looking immovable if Y if Y firms erage Loss Given De­ property market developments and any other rel­ fault (LGD) for expo­ evant indicators, the competent authorities shall sures secured by periodically, and at least annually, assess whether the property 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 expo­ sure weighted average LGD for exposures secured by immovable property in their territory. 260 Article Competent Credit Institutions Default of an obligor Competent authorities may replace the 90 days with [Y/N/NA] Mandatory Mandatory 178(1)(b) Authorities and Investment 180 days for exposures secured by residential prop­ if Y if Y firms erty or SME commercial immovable property in the retail exposure class, as well as exposures to public sector entities. 270 Article Competent Credit Institutions Exposure value Competent authorities may require an α higher than [Y/N/NA] Mandatory Mandatory 284(4) Authorities and Investment 1.4 or permit institutions to use their own estimates if Y if Y firms in accordance with Article 284 (9) 280 Article Competent Credit Institutions Exposure value Competent authorities may permit institutions to [Y/N/NA] Mandatory Mandatory 284(9) Authorities and Investment use their own estimates of alpha if Y if Y firms 290 Article Competent Credit Institutions Netting between a con­ Competent authorities may adopt an approach under [Y/N/NA] Mandatory Mandatory 327(2) Authorities and Investment vertible and an offset­ which the likelihood of a particular convertible's if Y if Y firms ting position in the being converted is taken into account or require an underlying instrument own funds requirement to cover any loss which con­ version might entail. 300 Article Competent Competent Large exposure limits Competent authorities may set a lower large expo­ [Y/N/NA] Mandatory Mandatory 395(1) Authorities Authorities for exposures to insti­ sure limit than EUR 150 000 000 for exposures to if Y if Y tutions institutions. 310 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(a) Authorities Authorities exemptions to large covered bonds falling within the terms of if Y if Y 493(3)(a) exposures limits Article 129(1), (3) and (6). 5.6.2019 EN Official Journal of the European Union L 146/19Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 320 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(b) Authorities Authorities exemptions to large asset items constituting claims on regional govern­ if Y if Y 493(3)(b) exposures limits ments or local authorities of Member States. 330 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(c) Authorities Authorities exemptions to large exposures incurred by an institution to its parent un­ if Y if Y 493(3)(c) exposures limits dertaking or subsidiaries. 340 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(d) Authorities Authorities exemptions to large exposures to regional or central credit institutions if Y if Y 493(3)(d) exposures limits with which the credit institution is associated in a network and which are responsible for cash-clear­ ing operations within the network. 350 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(e) Authorities Authorities exemptions to large exposures to credit institutions incurred by credit in­ if Y if Y 493(3)(e) exposures limits stitutions, one of which operates on a non-competit­ ive basis and provides or guarantees loans under leg­ islative 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 ben­ eficiaries via credit institutions or from the guaran­ tees of these loans. 360 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(f) Authorities Authorities exemptions to large exposures to institutions, provided that those expo­ if Y if Y 493(3)(f) exposures limits sures do not constitute such institutions' own funds, do not last longer than the following business day and are not denominated in a major trading cur­ rency. 370 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(g) Authorities Authorities exemptions to large exposures to central banks in the form of required if Y if Y 493(3)(g) exposures limits minimum reserves held at those central banks which are denominated in their national currencies. L 146/20 EN Official Journal of the European Union 5.6.2019Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 380 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(h) Authorities Authorities exemptions to large exposures to central governments in the form of if Y if Y 493(3)(h) exposures limits 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. 390 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(i) Authorities Authorities exemptions to large 50 % of medium/low risk off-balance sheet docu­ if Y if Y 493(3)(i) exposures limits mentary 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. 400 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(j) Authorities Authorities exemptions to large legally required guarantees used when a mortgage if Y if Y 493(3)(j) exposures limits 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 cal­ culating the risk-weighted exposure amounts. 410 Article Competent Competent Exemptions or partial Competent authorities may fully or partially exempt [Y/N/NA] Mandatory Mandatory 400(2)(k) Authorities Authorities exemptions to large assets items constituting claims on and other expo­ if Y if Y 493(3)(k) exposures limits sures to recognised exchanges. 420 Article Member Credit Institutions Liquidity coverage re­ Member States may maintain or introduce national [Y/N/NA] Mandatory Mandatory 412(5) States quirement provisions in the area of liquidity requirements be­ if Y if Y fore binding minimum standards for liquidity cover­ age requirements are specified and fully introduced in the Union in accordance with Article 460. 430 Article Member Credit Institutions Liquidity coverage re­ Member states or competent authorities may require [Y/N/NA] Mandatory Mandatory 412(5) States or quirement domestically authorised institutions, or a subset of if Y if Y Competent those institutions to maintain a higher liquidity cov­ Authorities erage requirement up to 100 % until the binding minimum standard is fully introduced at a rate of 100 % in accordance with Article 460. 5.6.2019 EN Official Journal of the European Union L 146/21Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 440 Article Member Credit Institutions Stable funding require­ Member States may maintain or introduce national [Y/N/NA] Mandatory Mandatory 413(3) States ment provisions in the area of stable funding requirements if Y if Y before binding minimum standards for net stable funding requirements are specified and introduced in the Union in accordance with Article 510. 450 Article Competent Credit Institutions Liquidity reporting re­ Competent authorities may continue to collect infor­ [Y/N/NA] Mandatory Mandatory 415(3) Authorities quirements mation through monitoring tools for the purpose of if Y if Y monitoring compliance with existing national liquid­ ity standards, until the full introduction of binding liquidity requirements. 460 Article Competent Credit Institutions Liquidity outflow rate The competent authorities may apply an outflow [Y/N/NA] Mandatory Mandatory 420(2) Authorities rate up to 5 % for trade finance off-balance sheet re­ if Y if Y lated products, as referred to in Article 429 and An­ nex 1. 470 Article Competent Credit Institutions Transitional treatment By way of derogation from paragraph 1 of [Y/N/NA] Mandatory Mandatory 467(2) Authorities and Investment of unrealised losses Article 467, the competent authorities may, in cases if Y if Y firms measured at fair value where such treatment was applied before 1 January 2014, allow institutions not to include in any ele­ ment of own funds unrealised gains or losses on ex­ posures to central governments classified in the ‘Available for Sale’ category of EU-endorsed IAS 39. 480 Article Competent Credit Institutions Transitional treatment Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 467(3) sec­ Authorities and Investment of unrealised losses the applicable percentage in the ranges specified in if Y if Y ond sub­ firms measured at fair value points (a) to (d) of paragraph 2 of Article 467. paragraph 490 Article Competent Credit Institutions Transitional treatment Competent authorities may permit institutions to in­ [Y/N/NA] Mandatory Mandatory 468(2) Authorities and Investment of unrealised gains clude in the calculation of their Common Equity if Y if Y firms measured at fair value Tier 1 capital 100 % of their unrealised gains at fair value where under Article 467 institutions are re­ quired to include their unrealised losses measured at fair value in the calculation of Common Equity Tier 1 capital. 500 Article Competent Credit Institutions Transitional treatment Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 468(3) Authorities and Investment of unrealised gains the applicable percentage of unrealised gains in the if Y if Y firms measured at fair value ranges specified in points (a) to (c) of paragraph 2 of Article 468 that is removed from Common Equity Tier 1 capital. L 146/22 EN Official Journal of the European Union 5.6.2019Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 510 Article Competent Credit Institutions Exemption from de­ By way of derogation from Article 49(1), during the [Y/N/NA] Mandatory Mandatory 471(1) Authorities and Investment duction of equity period from 1 January 2014 to 31 December 2022, if Y if Y firms holding in insurance competent authorities may permit institutions to not companies from CET1 deduct equity holdings in insurance undertakings, re­ items insurance undertakings and insurance holding com­ panies where the conditions set out in paragraph 1 of Article 471 are met. 520 Article Competent Credit Institutions Introduction of By way of derogation from Article 481 during the [Y/N/NA] Mandatory Mandatory 473(1) Authorities and Investment amendments to IAS period from 1 January 2014 until 31 December if Y if Y firms 19 2018, competent authorities may permit institutions that prepare their accounts in conformity with the international accounting standards adopted in ac­ cordance 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 appli­ cable 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. 530 Article Competent Credit Institutions Transitional deduc­ Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 478(3) Authorities and Investment tions from Common an applicable percentage in the ranges specified in if Y if Y firms Equity Tier 1, Addit­ paragraphs 1 and 2 of Article 478 for each of the ional Tier 1 and Tier 2 following deductions: items (a) the individual deductions required pursuant to points (a) to (h) of Article 36(1), excluding de­ ferred 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 tem­ porary 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. 540 Article Competent Credit Institutions Transitional recognit­ Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 479(4) Authorities and Investment ion in consolidated the applicable percentage in the ranges specified in if Y if Y firms Common Equity Tier 1 paragraph 3 of Article 479. capital of instruments and items that do not qualify as minority in­ terests 5.6.2019 EN Official Journal of the European Union L 146/23Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 550 Article Competent Credit Institutions Transitional recognit­ Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 480(3) Authorities and Investment ion of minority inter­ the value of the applicable factor in the ranges speci­ if Y if Y firms ests and qualifying fied in paragraph 2 of Article 480. Additional Tier 1 and Tier 2 capital 560 Article Competent Credit Institutions Additional transitional For each filter or deduction referred to in para­ [Y/N/NA] Mandatory Mandatory 481(5) Authorities and Investment filters and deductions graphs 1 and 2 of Article 481, competent authorities if Y if Y firms shall determine and publish the applicable percen­ tages in the ranges specified in paragraphs 3 and 4 of that Article 570 Article Competent Credit Institutions Limits for grandfather­ Competent authorities shall determine and publish [Y/N/NA] Mandatory Mandatory 486(6) Authorities and Investment ing of items within the applicable percentages in the ranges specified in if Y if Y firms Common Equity Tier 1, paragraph 5 of Article 486. Additional Tier 1 and Tier 2 items 580 Article Competent Credit Institutions Transitional treatment By way of derogation from Chapter 3 of Part Three, [Y/N/NA] Mandatory Mandatory 495(1) Authorities and Investment of equity exposures until 31 December 2017, the competent authorities if Y if Y firms under the IRB ap­ may exempt from the IRB treatment certain cat­ proach egories of equity exposures held by institutions and EU subsidiaries of institutions in that Member State as at 31 December 2007. 590 Article Competent Credit Institutions Transitional provision Until 31 December 2017, competent authorities [Y/N/NA] Mandatory Mandatory 496(1) Authorities and Investment on the calculation of may waive in full or in part the 10 % limit for senior if Y if Y firms own fund require­ units issued by French Fonds Communs de Créances ments for exposures in or by securitisation entities which are equivalent to the form of covered French Fonds Communs de Créances laid down in bonds points (d) and (f) of Article 129(1), provided that conditions specified in points (a) and (b) of Article 496(1) are fulfilled. 600 Article Competent Credit Institutions LCR - Liquid assets The liquidity reserve held by the credit institution in [Y/N/NA] Mandatory Mandatory 10(1)(b)(iii) Authorities a central bank is recognisable as Level 1 asset pro­ if Y if Y vided 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. L 146/24 EN Official Journal of the European Union 5.6.2019Regulation LCR delegated Directive Exercised National Available in Details / (EU) regulation Adressee Scope Denomination Description of the option or discretion Reference(s)(3) 2013/36/EU (Y/N/NA)(1) text(2) EN (Y/N) Comments No 575/2013 (EU) 2015/61 610 Article Competent Credit Institutions LCR - Liquid assets The market value of extremely high quality covered [Y/N/NA] Mandatory Mandatory 10(2) Authorities bonds referred to in paragraph 1(f) shall be subject if Y if Y to a haircut of at least 7 %. Except as specified in re­ lation 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 Regu­ lation) (e.g. to all level 1 covered bonds, etc.). 620 Article Competent Credit Institutions LCR - Level 2B assets Shares may constitute level 2B assets provided that [Y/N/NA] Mandatory Mandatory 12(1)(c)(i) Authorities they form part of a major stock index in a MS or in if Y if Y a third country, as identified as such by the CA of a MS or the relevant public authority in a third country. 630 Article Competent Credit Institutions LCR - Level 2B assets For credit institutions which in accordance with their [Y/N/NA] Mandatory Mandatory 12(3) Authorities statutes of incorporation are unable for reasons of if Y if Y 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 require­ ments and the non-interest bearing assets in question are adequately liquid in private markets. 640 Article Competent Credit Institutions LCR - Outflows from Credit institutions may be authorised by their com­ [Y/N/NA] Mandatory Mandatory 24(6) Authorities stable deposits in petent authority to multiply by 3 % the amount of if Y if Y a third country quali­ the retail deposits covered by a deposit guarantee fying for the 3 % rate scheme in a third country equivalent to the scheme referred to in paragraph 1 if the third country allows this treatment. (1) ‘Y’ (Yes) indicates that the competetent authority or Member State empowered to exercise the relevant option or discretion has exercised it. ‘N’ (No) Indicates that the competetent authority or Member State empowered to exercise the relevant option or discretion has not exercised it. ‘NA’ (Not applicable) indicates that the exercise of the option is not possible or the discretion does not exist. (2) The text of the provision in the national legislation. (3) Reference in the national legislation and hyperlink(s) to the website containing the national text transposing the Union provision in question. 5.6.2019 EN Official Journal of the European Union L 146/25PART 2 Transitional options and discretions set out in Directive 2013/36/EU and Regulation (EU) No 575/2013 Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 010 Date of the last update of information in this template (dd/mm/yyyy) 011 Article Member Credit Institutions Transitional provisions Member States may impose a shorter transitional [Year] [Y/N/NA] Mandatory Mandatory Mandatory 160(6) States and Investment for capital buffers period for capital buffers than that specified in para­ if Y if Y if Y firms graphs 1 to 4 of Article 160. Such a shorter transit­ ional period may be recognised by other Member States. 012 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(a) States and Investment exemptions to large covered bonds falling within the terms of if Y if Y if Y firms exposures limits Article 129(1), (3) and (6). 013 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(b) States and Investment exemptions to large asset items constituting claims on regional govern­ if Y if Y if Y firms exposures limits ments or local authorities of Member States. 014 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(c) States and Investment exemptions to large exposures incurred by an institution to its parent un­ if Y if Y if Y firms exposures limits dertaking or subsidiaries. 015 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(d) States and Investment exemptions to large exposures to regional or central credit institutions if Y if Y if Y firms exposures limits with which the credit institution is associated in a network and which are responsible for cash-clear­ ing operations within the network. 016 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(e) States and Investment exemptions to large exposures to credit institutions incurred by credit in­ if Y if Y if Y firms exposures limits stitutions, one of which operates on a non-competit­ ive basis and provides or guarantees loans under leg­ islative 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 ben­ eficiaries via credit institutions or from the guaran­ tees of these loans. L 146/26 EN Official Journal of the European Union 5.6.2019Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 017 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(f) States and Investment exemptions to large exposures to institutions, provided that those expo­ if Y if Y if Y firms exposures limits sures do not constitute such institutions' own funds, do not last longer than the following business day and are not denominated in a major trading cur­ rency. 018 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(g) States and Investment exemptions to large exposures to central banks in the form of required if Y if Y if Y firms exposures limits minimum reserves held at those central banks which are denominated in their national currencies. 019 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(h) States and Investment exemptions to large exposures to central governments in the form of if Y if Y if Y firms exposures limits 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. 020 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(i) States and Investment exemptions to large 50 % of medium/low risk off-balance sheet docu­ if Y if Y if Y firms exposures limits mentary 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. 021 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(j) States and Investment exemptions to large legally required guarantees used when a mortgage if Y if Y if Y firms exposures limits 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 cal­ culating the risk-weighted exposure amounts. 022 Article Member Credit Institutions Exemptions or partial Competent authorities may fully or partially exempt [Year] [Y/N/NA] Mandatory Mandatory Mandatory 493(3)(k) States and Investment exemptions to large assets items constituting claims on and other expo­ if Y if Y if Y firms exposures limits sures to recognised exchanges. 5.6.2019 EN Official Journal of the European Union L 146/27Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 023 Article Member Credit Institutions Liquidity coverage re­ Member States may maintain or introduce national [Year] [Y/N/NA] Mandatory Mandatory Mandatory 412(5) States quirement provisions in the area of liquidity requirements be­ if Y if Y if Y fore binding minimum standards for liquidity cover­ age requirements are specified and fully introduced in the Union in accordance with Article 460. 024 Article Member Credit Institutions Liquidity coverage re­ Member states or competent authorities may require [Year] [Y/N/NA] Mandatory Mandatory Mandatory 412(5) States or quirement domestically authorised institutions, or a subset of if Y if Y if Y Compe­ those institutions to maintain a higher liquidity cov­ tent erage requirement up to 100 % until the binding Author­ minimum standard is fully introduced at a rate of ities 100 % in accordance with Article 460. 025 Article Member Credit Institutions Stable funding require­ Member States may maintain or introduce national [Year] [Y/N/NA] Mandatory Mandatory Mandatory 413(3) States ment provisions in the area of stable funding requirements if Y if Y if Y before binding minimum standards for net stable funding requirements are specified and introduced in the Union in accordance with Article 510. 026 Article Compe­ Credit Institutions Liquidity reporting re­ Competent authorities may continue to collect infor­ [Year] [Y/N/NA] Mandatory Mandatory Mandatory 415(3) tent quirements mation through monitoring tools for the purpose of if Y if Y if Y Author­ monitoring compliance with existing national liquid­ ities ity standards, until the full introduction of binding liquidity requirements. 027 Article Compe­ Credit Institutions Transitional treatment By way of derogation from paragraph 1 of [Year] [Y/N/NA] Mandatory Mandatory Mandatory 467(2) tent and Investment of unrealised losses Article 467, the competent authorities may, in cases if Y if Y if Y Author­ firms measured at fair value where such treatment was applied before 1 January ities 2014, allow institutions not to include in any ele­ ment of own funds unrealised gains or losses on ex­ posures to central governments classified in the ‘Available for Sale’ category of EU-endorsed IAS 39. 028 Article Compe­ Credit Institutions Transitional treatment Applicable percentage of unrealised losses pursuant 2014 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 467(3) tent and Investment of unrealised losses to Article 467(1) that are included in the calculation 100 %) if Y if Y if Y Author­ firms measured at fair value of Common Equity Tier 1 items (percentage in the ities ranges specified in paragraph 2 of that Article) 029 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 030 2016 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 031 2017 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y L 146/28 EN Official Journal of the European Union 5.6.2019Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 032 Article Compe­ Credit Institutions Transitional treatment Competent authorities may permit institutions to in­ [Year] [Y/N/NA] Mandatory Mandatory Mandatory 468(2) tent and Investment of unrealised gains clude in the calculation of their Common Equity if Y if Y if Y 2nd sub­ Author­ firms measured at fair value Tier 1 capital 100 % of their unrealised gains at fair paragrap ities value where under Article 467 institutions are re­ quired to include their unrealised losses measured at fair value in the calculation of Common Equity Tier 1 capital. 033 Article Compe­ Credit Institutions Transitional treatment Competent authorities shall determine and publish 2015 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 468(3) tent and Investment of unrealised gains the applicable percentage of unrealised gains in the 100 %) if Y if Y if Y Author­ firms measured at fair value ranges specified in points (a) to (c) of paragraph 2 of ities Article 468 that is removed from Common Equity Tier 1 capital. 034 2016 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 035 2017 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 036 Article Compe­ Credit Institutions Exemption from de­ By way of derogation from Article 49(1), during the [Year] [Y/N/NA] Mandatory Mandatory Mandatory 471(1) tent and Investment duction of equity period from 1 January 2014 to 31 December 2022, if Y if Y if Y Author­ firms holding in insurance competent authorities may permit institutions to not ities companies from CET1 deduct equity holdings in insurance undertakings, re­ items insurance undertakings and insurance holding com­ panies where the conditions set out in paragraph 1 of Article 471 are met. 037 Article Compe­ Credit Institutions Introduction of By way of derogation from Article 481 during the [Year] [Y/N/NA] Mandatory Mandatory Mandatory 473(1) tent and Investment amendments to IAS period from 1 January 2014 until 31 December if Y if Y if Y Author­ firms 19 2018, competent authorities may permit institutions ities that prepare their accounts in conformity with the international accounting standards adopted in ac­ cordance 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 appli­ cable 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. 038 Article Credit Institutions Deduction from Com­ Applicable percentage if the alternative applies (per­ 2014 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 478(2) and Investment mon Equity Tier 1 centage in the ranges specified in paragraph 2 of 100 %) if Y if Y if Y firms items for deferred tax Article 478) assets that existed prior to 1 January 039 2014 2015 (10 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 5.6.2019 EN Official Journal of the European Union L 146/29Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 040 2016 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 041 2017 (30 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 042 2018 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 043 2019 (50 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 044 2020 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 045 2021 (70 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 046 2022 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 047 2023 (90 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 048 Article Credit Institutions Transitional deduc­ Competent authorities shall determine and publish 2014 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 478(3)(a) and Investment tions from Common an applicable percentage in the ranges specified in 100 %) if Y if Y if Y firms Equity Tier 1, Addit­ paragraphs 1 and 2 of Article 478 for (a) the indi­ ional Tier 1 and Tier 2 vidual deductions required pursuant to points (a) to items (h) of Article 36(1), excluding deferred tax assets 049 that rely on future profitability and arise from tem­ 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory porary differences; 100 %) if Y if Y if Y 050 2016 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 051 2017 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y L 146/30 EN Official Journal of the European Union 5.6.2019Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 052 Article Credit Institutions Transitional deduc­ Competent authorities shall determine and publish 2014 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 478(3)(b) and Investment tions from Common an applicable percentage in the ranges specified in 100 %) if Y if Y if Y firms Equity Tier 1, Addit­ paragraphs 1 and 2 of Article 478 for (b) the aggre­ ional Tier 1 and Tier 2 gate amount of deferred tax assets that rely on future items profitability and arise from temporary differences 053 and the items referred to in point (i) of Article 36(1) 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory that is required to be deducted pursuant to 100 %) if Y if Y if Y Article 48; 054 2016 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 055 2017 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 056 Article Credit Institutions Transitional deduc­ Competent authorities shall determine and publish 2014 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 478(3)(c) and Investment tions from Common an applicable percentage in the ranges specified in 100 %) if Y if Y if Y firms Equity Tier 1, Addit­ paragraphs 1 and 2 of Article 478 for (c) each de­ ional Tier 1 and Tier 2 duction required pursuant to points (b) to (d) of items Article 56; 057 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 058 2016 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 059 2017 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 060 Article Credit Institutions Transitional deduc­ Competent authorities shall determine and publish 2014 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 478(3)(d) and Investment tions from Common an applicable percentage in the ranges specified in 100 %) if Y if Y if Y firms Equity Tier 1, Addit­ paragraphs 1 and 2 of Article 478 for (d) each de­ ional Tier 1 and Tier 2 duction required pursuant to points (b) to (d) of items Article 66. 061 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 062 2016 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 063 2017 (80 % to [Y/N/NA] Mandatory Mandatory Mandatory 100 %) if Y if Y if Y 5.6.2019 EN Official Journal of the European Union L 146/31Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 064 Article Credit Institutions Transitional recognit­ Competent authorities shall determine and publish 2014 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 479(4) and Investment ion in consolidated the applicable percentage in the ranges specified in 80 %) if Y if Y if Y firms Common Equity Tier paragraph 3 of Article 479. 1 capital of instru­ ments and items that 065 do not qualify as min­ 2015 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory ority interests 60 %) if Y if Y if Y 066 2016 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 067 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y 068 Article Credit Institutions Transitional recognit­ Competent authorities shall determine and publish 2014 (0,2 to [Y/N/NA] Mandatory Mandatory Mandatory 480(3) and Investment ion of minority inter­ the value of the applicable factor in the ranges speci­ 1,0) if Y if Y if Y firms ests and qualifying Ad­ fied in paragraph 2 of Article 480. ditional Tier 1 and Tier 2 capital 069 2015 (0,4 to [Y/N/NA] Mandatory Mandatory Mandatory 1,0) if Y if Y if Y 070 2016 (0,6 to [Y/N/NA] Mandatory Mandatory Mandatory 1,0) if Y if Y if Y 071 2017 (0,8 to [Y/N/NA] Mandatory Mandatory Mandatory 1,0) if Y if Y if Y 072 Article Credit Institutions Applicable percentage if a single percentage applies 2014 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 481(1) and Investment (percentage in the ranges specified in paragraph 3 of 80 %) if Y if Y if Y firms Article 481) 073 2015 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 60 %) if Y if Y if Y 074 2016 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 075 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y L 146/32 EN Official Journal of the European Union 5.6.2019Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 076 Article Additional transitional For each filter or deduction referred to in para­ 2014 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 481(5) filters and deductions graphs 1 and 2 of Article 481, competent authorities 80 %) if Y if Y if Y shall determine and publish the applicable percen­ tages in the ranges specified in paragraphs 3 and 4 of that Article 077 2015 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 60 %) if Y if Y if Y 078 2016 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 079 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y 080 Article Credit Institutions Limits for grandfather­ Applicable percentage for determining the limits for 2014 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory 486(6) and Investment ing of items within grandfathering of items within Common Equity 80 %) if Y if Y if Y firms Common Equity Tier 1, Tier 1 items pursuant to paragraph 2 of Article 486 Additional Tier 1 and (percentage in the ranges specified in paragraph 5 of Tier 2 items that Article) 081 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 70 %) if Y if Y if Y 082 2016 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 60 %) if Y if Y if Y 083 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 50 %) if Y if Y if Y 084 2018 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 085 2019 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 30 %) if Y if Y if Y 086 2020 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y 087 2021 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 10 %) if Y if Y if Y 5.6.2019 EN Official Journal of the European Union L 146/33Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 088 Applicable percentage for determining the limits for 2014 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory grandfathering of items within Additional Tier 1 80 %) if Y if Y if Y items pursuant to paragraph 3 of Article 486 (per­ centage in the ranges specified in paragraph 5 of that Article) 089 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 70 %) if Y if Y if Y 090 2016 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 60 %) if Y if Y if Y 091 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 50 %) if Y if Y if Y 092 2018 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 093 2019 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 30 %) if Y if Y if Y 094 2020 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y 095 2021 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 10 %) if Y if Y if Y 096 Applicable percentage for determining the limits for 2014 (60 % to [Y/N/NA] Mandatory Mandatory Mandatory grandfathering of items within Tier 2 items pursuant 80 %) if Y if Y if Y to paragraph 4 of Article 486 (percentage in the ranges specified in paragraph 5 of that Article) 097 2015 (40 % to [Y/N/NA] Mandatory Mandatory Mandatory 70 %) if Y if Y if Y 098 2016 (20 % to [Y/N/NA] Mandatory Mandatory Mandatory 60 %) if Y if Y if Y L 146/34 EN Official Journal of the European Union 5.6.2019Regulation Year(s) of applica­ Directive Exercised Available in Details / (EU) Adressee Scope Denomination Description of the option or discretion tion and the value National text References 2013/36/EU (Y/N/NA) EN (Y/N) Comments No 575/2013 in % (if applicable) 099 2017 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 50 %) if Y if Y if Y 100 2018 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 40 %) if Y if Y if Y 101 2019 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 30 %) if Y if Y if Y 102 2020 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 20 %) if Y if Y if Y 103 2021 (0 % to [Y/N/NA] Mandatory Mandatory Mandatory 10 %) if Y if Y if Y 104 Article Credit Institutions Transitional treatment By way of derogation from Chapter 3 of Part Three, [Year] [Y/N/NA] Mandatory Mandatory Mandatory 495(1) and Investment of equity exposures until 31 December 2017, the competent authorities if Y if Y if Y firms under the IRB ap­ may exempt from the IRB treatment certain cat­ proach egories of equity exposures held by institutions and EU subsidiaries of institutions in that Member State as at 31 December 2007. 105 Article Credit Institutions Transitional provision Until 31 December 2017, competent authorities [Year] [Y/N/NA] Mandatory Mandatory Mandatory 496(1) and Investment on the calculation of may waive in full or in part the 10 % limit for senior if Y if Y if Y firms own fund require­ units issued by French Fonds Communs de Créances ments for exposures in or by securitisation entities which are equivalent to the form of covered French Fonds Communs de Créances laid down in bonds points (d) and (f) of Article 129(1), provided that conditions specified in points (a) and (b) of Article 496(1) are fulfilled. 5.6.2019 EN Official Journal of the European Union L 146/35PART 3 Variable elements of remuneration (Article 94 of Directive 2013/36 EU) Directive Information to Exercised Available in EN Details / Adressee Scope Provisions References 2013/36/EU disclose (Y/N/NA) (Y/N) Comments 010 Date of the last update of information in this template (dd/mm/yyyy) 020 Article Member States Credit Institu­ Maximum ratio between the variable and [Value in %] [Y/N] Mandatory if Mandatory if 94(1)(g)(i) or Competent tions and fixed components of remuneration Y Y Authorities Investment (% set in national law calculated as vari­ firms able component divided by fixed com­ ponent of remuneration) 030 Article Member States Credit Institu­ Maximum level of the ratio between the [Value in %] [Y/N] Mandatory if Mandatory if 94(1)(g)(ii) or Competent tions and variable and fixed components of Y Y Authorities Investment remuneration which may be approved firms by shareholders or owners or members of the institution (% set in national law calculated as variable component divided by fixed component of remuneration) 040 Article Member States Credit Institu­ Maximum part of the total variable [Value in %] [Y/N] Mandatory if Mandatory if 94(1)(g)(iii) or Competent tions and remuneration to which the discount rate Y Y Authorities Investment may be applied (% of the total variable firms remuneration) 050 Article 94(1)(l) Member States Credit Institu­ Description of any restriction on the [Free text/value] [Y/N] Mandatory if Mandatory if or Competent tions and types and designs or prohibitions of in­ Y Y Authorities Investment struments that can be used for the pur­ firms poses of awarding variable remuneration L 146/36 EN Official Journal of the European Union 5.6.20195.6.2019 EN Official Journal of the European Union L 146/37 ANNEX III Supervisory review and evaluation process (SREP)(1) 010 Date of the last update of information in this template (dd/mm/yyyy) 020 Scope of application of Description of the approach of the competent authority [free text or reference SREP to the scope of application of SREP including: or hyperlink to such guidance] (Articles 108 to 110 of — what types of institutions are covered by/excluded CRD) from SREP, especially if the scope is different from those specified in Regulation (EU) No 575/2013 and Directive 2013/36/EU; — a high-level overview of how the competent authority takes into account the principle of proportionality when considering the scope of SREP and frequency of assessment of various SREP elements(2). 030 Assessment of SREP ele­ Description of the approach of the competent authority [free text or reference ments to the assessment of individual SREP elements (as referred or hyperlink to such to in EBA Guidelines on common procedures and meth­ guidance] (Articles 74 to 96 of CRD) odologies for SREP- EBA/GL/2014/13) including: — a high-level overview of the assessment process and methodologies applied to the assessment of SREP elements, including: (1) business model analysis, (2) as­ sessment of internal governance and institution-wide controls, (3) assessment of risks to capital, and (4) as­ sessment of risks to liquidity and funding; — a high-level overview of how the competent authority takes into account the principle of proportionality when assessing individual SREP elements, including how the categorisation of institutions have been applied(3). 040 Review and evaluation of Description of the approach of the competent authority [free text or reference ICAAP and ILAAP to the review and evaluation of the internal capital ade­ or hyperlink to such quacy assessment process (ICAAP) and internal liquidity guidance] (Articles 73, 86, 97, 98 adequacy assessment process (ILAAP) as part of the SREP, and 103 of CRD) and, in particular, for assessing the reliability of the ICAAP and ILAAP capital and liquidity calculations for the purposes of determining additional own funds and quantitative liquidity requirements including(4): — an overview of the methodology applied by the com­ petent authority to review the ICAAP and ILAAP of institutions; — Information/reference to the competent authority requirements for submission of ICAAP and ILAAP related information, in particular covering what infor­ mation need to be submitted; — information on whether an independent review of the ICAAP and ILAAP is required from the institution.L 146/38 EN Official Journal of the European Union 5.6.2019 050 Overall SREP assessment Description of the approach of the competent authority [free text or reference and supervisory meas­ to the overall SREP assessment (summary) and application or hyperlink to such ures of supervisory measures on the basis of the overall SREP guidance] assessment(5). (Articles 102 and 104 of CRD) Description of how SREP outcomes are linked to the application of early intervention measures according to Article 27 of Directive 2014/59/EU and determination of conditions whether the institution can be considered fail­ ing or likely to fail according to Article 32 of that Directive(6). (1) Competent authorities shall disclose the criteria and methodologies used in rows 020 to 040 and in row 050 for the overall assess­ ment. The type of information that shall be disclosed in form of an explanatory note is described in the second column. (2) The scope of SREP to be considered both at a level of an institution and in respect of its own resources. A competent authority shall explain the approach used to classify institutions into different categories for SREP purposes, describing the use of quantitative and qualitative criteria, and how financial stability or other overall supervisory objectives are affected by such categorisation. A competent authority shall also explain how categorisation is put in practice for the purposes of ensuring at least a minimum en­ gagement in SREP assessments, including the description of the frequencies for the assessment of all SREP elements for different cat­ egories of institutions. (3) Including working tools e.g. on-site inspections and off-site examinations, qualitative and quantitative criteria, statistical data used in the assessments. Hyperlinks to any guidance on the website are recommended. (4) Competent authorities shall also explain how the assessment of ICAAP and ILAAP is covered by the minimum engagement models applied for proportionality purposes based on SREP categories as well as how proportionality is applied for the purposes of specify­ ing supervisory expectations to ICAAP and ILAAP, and in particular, any guidelines or minimum requirements for the ICAAP and ILAAP the competent authorities have issued. (5) The approach competent authorities apply to arrive to the overall SREP assessment and its communication to the institutions. The overall assessment by competent authorities is based on a review of all the elements referred to in row 020 to 040, along with any other relevant information about the institution that the competent authority may obtain. (6) Competent authorities may also disclose the policies that guide their decisions for taking supervisory measures (within the meaning of Articles 102 and 104 of the CRD) and early intervention measures (within the meaning of Article 27 of the Bank Recovery and Resolution Directive (BRRD)) whenever their assessment of an institution identifies weaknesses or inadequacies that call for supervi­ sory intervention. Such disclosures might include the publication of internal guidelines or other documents describing general supervisory practices. However, no disclosure is required regarding decisions on individual institutions, to respect the confidentiality principle. Furthermore, competent authorities may provide information regarding the implications if an institution violates relevant legal pro­ visions or does not comply with the supervisory or early intervention measures imposed based on the SREP outcomes, e.g. it shall list enforcement procedures that are in place (where applicable).5.6.2019 EN Official Journal of the European Union L 146/39 ANNEX IV AGGREGATE STATISTICAL DATA List of templates Part 1 Consolidated data per Competent Authority Part 2 Data on credit risk Part 3 Data on market risk Part 4 Data on operational risk Part 5 Data on supervisory measures and administrative penalties Part 6 Data on waivers General remarks on filling in templates in Annex IV — 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. — Numerical cells shall include only numbers. There shall be no references to national currencies. The currency used is euros and non-euro area Member States shall convert their national currencies into euros using the ECB exchange rates (at the common reference date, i.e. the last day of the year under review), with one decimal place when disclosing amounts in millions. — Unit of disclosure shall be in millions of euro for the reported monetary amounts (hereafter – MEUR). — Percentages shall be disclosed with two decimals. — If data is not being disclosed, the reason for non-disclosure shall be provided using the EBA nomenclature, i.e. N/A (for not available) or C (for confidential). — The data shall be disclosed on an aggregated basis without identifying individual either credit institutions or investment firms. — The references to COREP templates pursuant to the Commission implementing regulation (EU) No 680/2014 are provided in Parts 1 to 4, where available. — Competent authorities shall collect data relating to XXXX year onwards on consolidated basis. This will ensure the consistency of the information collected. — The templates of this Annex shall be read in conjunction with the reporting scope of consolidation hereby defined. To ensure efficient data collection, the information for credit institutions and investment firms shall be reported separately, but the same level of consolidation shall be applied in both cases. — In order to ensure the coherence and comparability of reported data, the ECB shall publish only aggregate statistical data for supervised entities for which it conducts and exercises direct supervision at the reference date of the disclosure, while national competent authorities shall publish aggregate statistical data only for credit institutions not directly supervised by the ECB. — Data shall be compiled only for investment firms subject to CRD. Investment firms which are not subject to CRD regime are excluded from the data collection exercise.L 146/40 EN Official Journal of the European Union 5.6.2019 PART 1 Consolidated data per Competent Authority (year XXXX) Reference to COREP Data template Number and size of credit institutions 010 Number of credit institutions [Value] 020 Total assets of the jurisdiction (in MEUR)(1) [Value] 030 Total assets of the jurisdiction(1) as % of GDP(2) [Value] Number and size of foreign credit institutions(3) 040 From third Number of branches(4) [Value] countries 050 Total assets of branches (in MEUR) [Value] 060 Number of subsidiarie(5) [Value] 070 Total assets of subsidiaries (in MEUR) [Value] Total capital and capital requirements of credit institutions 080 Total Common Equity Tier 1 capital as % of total capital(6) CA1 (row 020 / [Value] row 010) 090 Total Additional Tier 1 capital as % of total capital(7) CA1 (row 530 / [Value] row 010) 100 Total Tier 2 capital as % of total capital(8) CA1 (row 750 / [Value] row 010) 110 Total capital requirements (in MEUR)(9) CA2 (row 010) * 8 % [Value] 120 Total capital ratio (%)(10) CA3 (row 050) [Value] Number and size of investment firms 130 Number of investment firms [Value] 140 Total assets (in MEUR)(1) [Value] 150 Total assets as % of GDP [Value] Total capital and capital requirements of investment firms 160 Total Common Equity Tier 1 capital as % of total capital(6) CA1 (row 020 / [Value] row 010) 170 Total Additional Tier 1 capital as % of total capital(7) CA1 (row 530 / [Value] row 010)5.6.2019 EN Official Journal of the European Union L 146/41 Reference to COREP Data template 180 Total Tier 2 capital as % of total capital(8) CA1 (row 750 / [Value] row 010) 190 Total capital requirements (in MEUR)(9) CA2 (row 010) *8 % [Value] 200 Total capital ratio (%)(10) CA3 (row 050) [Value] (1) The total assets figure shall be the total assets value of the country for the national competent authorities, only for rows 020 and 030, and for the ECB the total assets value of Significant Institutions for the whole SSM. (2) GDP at market price; suggested source – Eurostat/ECB. (3) EEA countries shall not be included. (4) Number of branches as defined in point (1) of Article 4(1) of CRR. Any number of places of business set up in the same country by a credit institution with headquarters in a third country should be counted as a single branch. (5) Number of subsidiaries as defined in point (16) of Article 4(1) of CRR. Any subsidiary of a subsidiary undertaking shall be re­ garded as a subsidiary of the parent undertaking, which is at the head of those undertakings. (6) Ratio of Common Equity Tier 1 capital as defined in Article 50 of CRR to the own funds as defined in point (118) of Article 4(1) and Article 72 of CRR, expressed in percentage (%). (7) Ratio of Additional Tier 1 Capital as defined in Article 61 of CRR to the own funds as defined in point (118) of Article 4(1) and Article 72 of CRR, expressed in percentage (%). (8) Ratio of Tier 2 Capital as defined in Article 71 of CRR to the own funds as defined in point (118) of Article 4(1) and Article 72 of CRR, expressed in percentage (%). (9) The 8 % of total risk exposure amount as defined in Articles 92(3), 95, 96 and 98 of CRR. (10) The ratio of the own funds to the total risk exposure amount as defined in point (c) of Article 92(2) of CRR, expressed in per­ centage (%).PART 2 Data on credit risk (year XXXX) Credit risk data Reference to COREP template data Credit institutions: Own funds requirements for credit risk 010 Credit institutions: own % of total own funds requirements(1) CA2 (row 040) / (row 010) [Value] funds requirements for credit risk 020 Credit institutions: % based on the total Standardised Approach (SA) [Value] breakdown by approach number of credit institutions(2) 030 IRB approach when neither own estimates of Loss Given [Value] Default nor conversion factors are used 040 IRB approach when own estimates of Loss Given Default [Value] and/or conversion factors are used 050 % based on total own SA CA2 (row 050) / (row 040) [Value] funds requirements for credit risk 060 IRB approach when neither own estimates of Loss Given CR IRB, Foundation IRB (row [Value] Default nor conversion factors are used 010, col 260) / CA2 (row 040) 070 IRB approach when own estimates of Loss Given Default CR IRB, Advanced IRB (row 010, [Value] and/or conversion factors are used col 260) / CA2 (row 040) 080 Credit institutions: % based on total IRB IRB approach when neither own estimates of Loss Given Default CA2 (row 250 / row 240) [Value] breakdown by IRB risk weighted nor conversion factors are used exposure class exposure amount 090 Central governments and central banks CA2 (row 260 / row 240) [Value] 100 Institutions CA2 (row 270 / row 240) [Value] 110 Corporates - SME CA2 (row 280 / row 240) [Value] 120 Corporates - Specialised Lending CA2 (row 290 / row 240) [Value] 130 Corporates - Other CA2 (row 300 / row 240) [Value] L 146/42 EN Official Journal of the European Union 5.6.2019Credit risk data Reference to COREP template data 140 IRB approach when own estimates of Loss Given Default CA2 (row 310 / row 240) [Value] and/or conversion factors are used 150 Central governments and central banks CA2 (row 320 / row 240) [Value] 160 Institutions CA2 (row 330 / row 240) [Value] 170 Corporates - SME CA2 (row 340 / row 240) [Value] 180 Corporates - Specialised Lending CA2 (row 350 / row 240) [Value] 190 Corporates - Other CA2 (row 360 / row 240) [Value] 200 Retail - Secured by real estate SME CA2 (row 370 / row 240) [Value] 210 Retail - Secured by real estate non-SME CA2 (row 380 / row 240) [Value] 220 Retail - Qualifying revolving CA2 (row 390 / row 240) [Value] 230 Retail - Other SME CA2 (row 400 / row 240) [Value] 240 Retail - Other non-SME CA2 (row 410 / row 240) [Value] 250 Equity IRB CA2 (row 420 / row 240) [Value] 260 Securitisation positions IRB CA2 (row 430 / row 240) [Value] 270 Other non credit-obligation assets CA2 (row 450 / row 240) [Value] Credit risk data Reference to COREP template data 280 Credit institutions: Own funds requirements for credit risk 290 Credit institutions: % based on total SA Central governments or central banks CA2 (row 070 / row 050) [Value] breakdown by SA risk weighted exposure class* exposure amount 300 Regional governments or local authorities CA2 (row 080 / row 050) [Value] 310 Public sector entities CA2 (row 090 / row 050) [Value] 5.6.2019 EN Official Journal of the European Union L 146/43Credit risk data Reference to COREP template data 320 Multilateral Development Banks CA2 (row 100 / row 050) [Value] 330 International Organisations CA2 (row 110 / row 050) [Value] 340 Institutions CA2 (row 120 / row 050) [Value] 350 Corporates CA2 (row 130 / row 050) [Value] 360 Retail CA2 (row 140 / row 050) [Value] 370 Secured by mortgages on immovable property CA2 (row 150 / row 050) [Value] 380 Exposures in default CA2 (row 160 / row 050) [Value] 390 Items associated with particular high risk CA2 (row 170 / row 050) [Value] 400 Covered bonds CA2 (row 180 / row 050) [Value] 410 Claims on institutions and corporates with a short-term credit CA2 (row 190 / row 050) [Value] assessment 420 Collective investment undertakings CA2 (row 200 / row 050) [Value] 430 Equity CA2 (row 210 / row 050) [Value] 440 Other items CA2 (row 211 / row 050) [Value] 450 Securitisation positions SA CA2 (row 220 / row 050) [Value] 460 Credit institutions: % based on the total Financial collateral simple method [Value] breakdown by credit number of credit risk mitigation (CRM) institutions(3) 470 Financial collateral comprehensive method [Value] approach Investment firms: Own funds requirements for credit risk 480 Investment firms: own % of total own funds requirements(4) CA2 (row 040) / (row 010) [Value] funds requirements for credit risk L 146/44 EN Official Journal of the European Union 5.6.2019Credit risk data Reference to COREP template data 490 Investment firms: % based on the total SA [Value] breakdown by approach number of investment firms(2) 500 IRB [Value] 510 % based on total own SA (CA2 (row 050) / (row 040) [Value] funds requirements for credit risk(5) 520 IRB (CA2 (row 240) / row 040) [Value] Additional information on securitisation (in MEUR) Reference to COREP template data Credit institutions: originator 530 Total amount of securitisation exposures originated on balance sheet and off-balance sheet CR SEC SA (row 030, col 010) + [Value] CR SEC IRB (row 030, col 010) 540 Total amount of securitisation positions retained (securitisation positions - original exposure pre conversion fac­ CR SEC SA (row 030, col 050) + [Value] tors) on balance sheet and off-balance sheet CR SEC IRB (row 030, col 050) Exposures and losses from lending collateralised by immovable property (MEUR)(6) Reference to COREP template data 550 Use of residential Sum of exposures secured by residential property(7) CR IP Losses (row 010, col 050) [Value] property as collateral 560 Sum of losses stemming from lending up to the reference percentages(8) CR IP Losses (row 010, col 010) [Value] 570 Of which: immovable property valued with mortgage lending value(9) CR IP Losses (row 010, col 020) [Value] 580 Sum of overall losses(10) CR IP Losses (row 010, col 030) [Value] 590 Of which: immovable property valued with mortgage lending value(9) CR IP Losses (row 010, col 040) [Value] 5.6.2019 EN Official Journal of the European Union L 146/45Exposures and losses from lending collateralised by immovable property (MEUR)(6) Reference to COREP template data 600 Use of commercial Sum of exposures secured by immovable commercial property(7) CR IP Losses (row 020, col 050) [Value] immovable property as collateral 610 Sum of losses stemming from lending up to the reference percentages(8) CR IP Losses (row 020, col 010) [Value] 620 Of which: immovable property valued with mortgage lending value(9) CR IP Losses (row 020, col 020) [Value] 630 Sum of overall losses(10) CR IP Losses (row 020, col 030) [Value] 640 Of which: immovable property valued with mortgage lending value(9) CR IP Losses (row 020, col 040) [Value] (1) Ratio of the own fund requirements for credit risk as defined in points (a) and (f) of Article 92(3) of CRR to the total own funds as defined in Articles 92(3), 95, 96 and 98 of CRR. (2) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported for the three approaches may be higher than 100 %. (3) In the exceptional cases, where an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %. (4) Ratio of the own fund requirements for credit risk as defined in points (a) and (f) of Article 92(3) of CRR to the total own funds as defined in Articles 92(3), 95, 96 and 98 of CRR. (5) The percentage of the own fund requirements of investment firms that apply the SA and IRB approach respectively in relation to the total own fund requirements for credit risk as defined in points (a) and (f) of Article 92(3) of CRR. (6) The amount of the estimated losses shall be reported at the reporting reference date. (7) As defined in points (c) and (f) of Article 101(1) of CRR, respectively; the market value and mortgage lending value according to points (74) and (76) of Article 4 (1); only for the part of exposure treated as fully and completely secured according to Article 124 (1) of CRR; (8) As defined in points (a) and (d) of Article 101(1) of CRR, respectively; the market value and mortgage lending value according to points (74) and (76) of Article 4 (1). (9) When the value of the collateral has been calculated as mortgage lending value. (10) As defined in points (b) and (e) of Article 101(1) of CRR, respectively; the market value and mortgage lending value according to points (74) and (76) of Article 4 (1). L 146/46 EN Official Journal of the European Union 5.6.2019PART 3 Data on market risk(1) (year XXXX) Market risk data Reference to COREP template data Credit institutions: Own funds requirements for market risk 010 Credit institutions: own % of total own funds requirements(2) CA2 (row 520) / (row 010) [Value] funds requirements for market risk 020 Credit institutions: % based on the total number of credit institutions(3) Standardised approach [Value] breakdown by approach 030 Internal models [Value] 040 % based on total own funds requirements for market Standardised approach CA2 (row 530) / (row 520) [Value] risk 050 Internal models CA2 (row 580) / (row 520) [Value] Investment firms: Own funds requirements for market risk 060 Investment firms: own % of total own funds requirements(2) CA2 (row 520) / (row 010) [Value] funds requirements for market risk 070 Investment firms: % based on the total number of investment firms(3) Standardised approach [Value] breakdown by approach 080 Internal models [Value] 090 % based on total own funds requirements for market Standardised approach CA2 (row 530) / (row 520) [Value] risk 100 Internal models CA2 (row 580) / (row 520) [Value] (1) The template shall include information on all institutions and not only on those with market risk positions. (2) Ratio of the total risk exposure amount for position, foreign exchange and commodities risks as defined in point (i) of point (b), points (i) and (iii) of point (c) of Articles 92(3) of CRR and point (b) of Article 92(4) of CRR to the total risk exposure amount as defined in Articles 92(3), 95, 96 and 98 of CRR (in %). (3) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %, but also lower than 100 % as entities with small trading portfolio are not obliged to determine market risk. 5.6.2019 EN Official Journal of the European Union L 146/47PART 4 Data on operational risk (year XXXX) Operational risk data Reference to COREP template data Credit institutions: Own funds requirements for operational risk 010 Credit institutions: own % of total own funds requirements(1) CA2 (row 590) / (row 010) [Value] funds requirements for operational risk 020 Credit institutions: % based on the total Basic Indicator Approach (BIA) [Value] breakdown by approach number of credit 030 institutions(2) Standardised Approach (TSA) / [Value] Alternative Standardised Approach (ASA) 040 Advanced Measurement Approach (AMA) [Value] 050 % based on total own BIA CA2 (row 600) / (row 590) [Value] funds requirements for 060 operational risk TSA/ASA CA2 (row 610) / (row 590) [Value] 070 AMA CA2 (row 620) / (row 590) [Value] Credit institutions: Losses due to operational risk 080 Credit institutions: total Total gross loss as % of total gross income(3) OPR Details (row 920, col 080) / [Value] gross loss OPR ((sum (row 010 to row 130), col 030) Investment firms: Own funds requirements for operational risk 090 Investment firms: own % of total own funds requirements(1) CA2 (row 590) / (row 010) [Value] funds requirements for operational risk 100 Investment firms: % based on the total BIA [Value] breakdown by approach number of investment 110 firms(2) TSA/ASA [Value] 120 AMA [Value] 130 % based on total own BIA CA2 (row 600) / (row 590) [Value] funds requirements for 140 operational risk TSA/ASA CA2 (row 610) / (row 590) [Value] 150 AMA CA2 (row 620) / (row 590) [Value] L 146/48 EN Official Journal of the European Union 5.6.2019Operational risk data Reference to COREP template data Investment firms: Losses due to operational risk 160 Investment firms: total Total gross loss as % of total gross income(3) OPR Details (row 920, col 080) / [Value] gross loss OPR (sum (row 010 to row 130), col 030) (1) Ratio of the total risk exposure amount for operational risk as defined in Article 92(3) of CRR to the total risk exposure amount as defined in Articles 92(3), 95, 96 and 98 of CRR (in %). (2) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %, but also lower than 100 % as some investment firms are not obliged to count operational risk capital charges. (3) Only with respect to entities, which use AMA or TSA/ASA approach; ratio of the total loss amount for all business lines to the sum of the relevant indicator for banking activities subject to TSA/ASA and AMA for the last year (in %). 5.6.2019 EN Official Journal of the European Union L 146/49L 146/50 EN Official Journal of the European Union 5.6.2019 PART 5 Data on supervisory measures and administrative penalties(1) (year XXXX) Supervisory measures data Credit institutions 010 Supervisory measures taken Total number of supervisory measures taken in accordance with [Value] in accordance with Article 104(1) of Directive 2013/36/EU: Article 102(1)(a) 011 to hold own funds in excess of the minimum capital requirements [Value] [Article 104(1)(a)] 012 to reinforce governance arrangements and internal capital manage­ [Value] ment [Article 104(1)(b)] 013 to present a plan to restore compliance with supervisory require­ [Value] ments [Article 104(1)(c)] 014 to apply a specific provisioning policy or treatment of assets [Value] [Article 104(1)(d)] 015 to restrict/limit business or activities [Article 104(1)(e)] [Value] 016 to reduce the risk inherent in the activities, products and systems [Value] [Article 104(1)(f)] 017 to limit variable remuneration [Article 104(1)(g)] [Value] 018 to strengthen own funds by using net profits [Article 104(1)(h)] [Value] 019 to restrict/prohibit distributions or interest payments [Value] [Article 104(1)(i)] 020 to impose additional or more frequent reporting requirements [Value] [Article 104(1)(j)] 021 to impose specific liquidity requirements [Article 104(1)(k)] [Value] 022 to impose additional disclosure requirements [Article 104(1)(l)] [Value] 023 Number and nature of other supervisory measures taken (not listed [Value] in Article 104(1) of Directive 2013/36/EU) 024 Supervisory measures taken Total number of supervisory measures taken in accordance with [Value] in accordance with Article 104(1) of Directive 2013/36/EU: Article 102(1)(b) and other provisions of Directive 025 2013/36/EU or Regulation to hold own funds in excess of the minimum capital requirements [Value] (EU) No 575/2013 [Article 104(1)(a)]5.6.2019 EN Official Journal of the European Union L 146/51 Supervisory measures data 026 to reinforce governance arrangements and internal capital manage­ [Value] ment [Article 104(1)(b)] 027 to present a plan to restore compliance with supervisory require­ [Value] ments [Article 104(1)(c)] 028 to apply a specific provisioning policy or treatment of assets [Value] [Article 104(1)(d)] 029 to restrict/limit business or activities [Article 104(1)(e)] [Value] 030 to reduce the risk inherent in the activities, products and systems [Value] [Article 104(1)(f)] 031 to limit variable remuneration [Article 104(1)(g)] [Value] 032 to strengthen own funds by using net profits [Article 104(1)(h)] [Value] 033 to restrict/prohibit distributions or interest payments [Value] [Article 104(1)(i)] 034 to impose additional or more frequent reporting requirements [Value] [Article 104(1)(j)] 035 to impose specific liquidity requirements [Article 104(1)(k)] [Value] 036 to impose additional disclosure requirements [Article 104(1)(l)] [Value] 037 Number and nature of other supervisory measures taken (not listed [Value] in Article 104(1) of Directive 2013/36/EU) Supervisory measures data Investment firms 037 Supervisory measures taken Total number of supervisory measures taken in accordance with [Value] in accordance with Article 104(1) of Directive 2013/36/EU: Article 102(1)(a) 038 to hold own funds in excess of the minimum capital requirements [Value] [Article 104(1)(a)] 039 to reinforce governance arrangements and internal capital manage­ [Value] ment [Article 104(1)(b)] 040 to present a plan to restore compliance with supervisory require­ [Value] ments [Article 104(1)(c)]L 146/52 EN Official Journal of the European Union 5.6.2019 Supervisory measures data 041 to apply a specific provisioning policy or treatment of assets [Value] [Article 104(1)(d)] 042 to restrict/limit business or activities [Article 104(1)(e)] [Value] 043 to reduce the risk inherent in the activities, products and systems [Value] [Article 104(1)(f)] 044 to limit variable remuneration [Article 104(1)(g)] [Value] 045 to strengthen own funds by using net profits [Article 104(1)(h)] [Value] 046 to restrict/prohibit distributions or interest payments [Value] [Article 104(1)(i)] 047 to impose additional or more frequent reporting requirements [Value] [Article 104(1)(j)] 048 to impose specific liquidity requirements [Article 104(1)(k)] [Value] 049 to impose additional disclosure requirements [Article 104(1)(l)] [Value] 050 Number and nature of other supervisory measures taken (not listed [Value] in Article 104(1) of Directive 2013/36/EU) 051 Supervisory measures taken Total number of supervisory measures taken in accordance with [Value] in accordance with Article 104(1) of Directive 2013/36/EU: Article 102(1)(b) and other provisions of Directive 052 2013/36/EU or Regulation to hold own funds in excess of the minimum capital requirements [Value] (EU) No 575/2013 [Article 104(1)(a)] 053 to reinforce governance arrangements and internal capital manage­ [Value] ment [Article 104(1)(b)] 054 to present a plan to restore compliance with supervisory require­ [Value] ments [Article 104(1)(c)] 055 to apply a specific provisioning policy or treatment of assets [Value] [Article 104(1)(d)] 056 to restrict/limit business or activities [Article 104(1)(e)] [Value] 057 to reduce the risk inherent in the activities, products and systems [Value] [Article 104(1)(f)] 058 to limit variable remuneration [Article 104(1)(g)] [Value]5.6.2019 EN Official Journal of the European Union L 146/53 Supervisory measures data 059 to strengthen own funds by using net profits [Article 104(1)(h)] [Value] 060 to restrict/prohibit distributions or interest payments [Value] [Article 104(1)(i)] 061 to impose additional or more frequent reporting requirements [Value] [Article 104(1)(j)] 062 to impose specific liquidity requirements [Article 104(1)(k)] [Value] 063 to impose additional disclosure requirements [Article 104(1)(l)] [Value] 064 Number and nature of other supervisory measures taken (not listed [Value] in Article 104(1) of Directive 2013/36/EU) Administrative penalties(2) data Credit institutions 065 Administrative penalties Total number of administrative penalties from Article 66(2) of Direc­ [Value] (for breaches of tive 2013/36/EU applied: authorisation/ acquisitions of qualifying holding 066 requirements) public statements identifying the natural/legal person responsible [Value] and the nature of the breach [Article 66(2)(a)] 067 orders requiring the natural/legal person responsible to cease [Value] the conduct and to desist from a repetition of that conduct [Article 66(2)(b)] 068 administrative pecuniary penalties imposed on legal/natural person [Value] [points (c) to (e) of Article 66(2)] 069 suspensions of the voting rights of shareholders [Article 66(2)(f)] [Value] 070 Number and nature of other administrative penalties applied (not [free text] specified in Article 66(2) of Directive 2013/36/EU) 071 Administrative penalties Total number of administrative penalties from Article 67(2) of Direc­ [Value] (for other breaches of tive 2013/36/EU applied: requirements imposed by Directive 2013/36/EU or 072 Regulation (EU) public statements identifying the natural/legal person responsible [Value] No 575/2013) and the nature of the breach [Article 67(2)(a)] 073 orders requiring the natural/legal person responsible to cease the [Value] conduct and to desist from a repetition of that conduct [Article 67(2)(b)]L 146/54 EN Official Journal of the European Union 5.6.2019 Supervisory measures data 074 withdrawals of authorisation of credit institution [Article 67(2)(c)] [Value] 075 temporary bans against natural person from exercising functions [Value] in credit institutions [Article 67(2)(d)] 076 administrative pecuniary penalties imposed on legal/natural person [Value] [points (e) to (g) of Article 67(2)] 077 Number and nature of other administrative penalties applied (not [free text] specified in Article 67(2) of Directive 2013/36/EU) Investment firms 078 Administrative penalties Total number of administrative penalties from Article 66(2) of Direc­ [Value] (for breaches of tive 2013/36/EU applied: authorisation/ acquisitions of qualifying holding requirements) 079 public statements identifying the natural/legal person responsible [Value] and the nature of the breach [Article 66(2)(a)] 080 orders requiring the natural/legal person responsible to cease [Value] the conduct and to desist from a repetition of that conduct [Article 66(2)(b)] 081 administrative pecuniary penalties imposed on a legal person [Value] [points (c) to (e) of Article 66(2)] 082 suspensions of the voting rights of shareholders [Article 66(2)(f)] [Value] 083 Number and nature of other administrative penalties applied (not [Value] specified in Article 66(2) of Directive 2013/36/EU) 084 Administrative penalties Total number of administrative penalties from Article 66(2) of Direc­ [Value] (for other breaches of tive 2013/36/EU applied: requirements imposed by Directive 2013/36/EU or Regulation (EU) 085 public statements identifying the natural/legal person responsible [Value] No 575/2013) and the nature of the breach [Article 67(2)(a)] 086 orders requiring the natural/legal person responsible to cease [Value] the conduct and to desist from a repetition of that conduct [Article 67(2)(b)] 087 withdrawals of authorisation of investment firms [Article 67(2)(c)] [Value]5.6.2019 EN Official Journal of the European Union L 146/55 Supervisory measures data 088 temporary bans against natural person from exercising functions [Value] in investment firms [Article 67(2)(d)] 089 administrative pecuniary penalties imposed on legal/natural person [Value] [points (e) to (g) of Article 67(2)] 090 Number and nature of other administrative penalties applied (not [free text] specified in Article 67(2) 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 institu­ tions, whether taken with respect to a single institution or to a group of institutions. (1) Information shall be reported based on the date of decision. Due to differences in national regulations as well as in supervisory practices and approaches across the competent authorities the figures provided in this table might not allow for a meaningful comparison between jurisdictions. Any conclusions without carefully considering these differences can be misleading. (2) The administrative penalties imposed by competent authorities. Competent authorities shall report all administrative penalties against which there is no appeal available in their jurisdiction by the reference date of the disclosure. Competent authorities of Member States where it is permitted to publish administrative penalties subject to an appeal, shall also report those administrative penalties unless the appeal annulling the administrative penalty is issued. PART 6 Data on waivers(1) (year XXXX) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Five, Seven and Eight of Regulation (EU) No 575/2013 Legal reference in Regulation (EU) No 575/2013 Article 7(1) Article 7(3) and (2) (waivers for (waivers for parent subsidiaries)(2) institutions) 010 Total number of waivers granted [Value] [Value] 011 Number of waivers granted to parent institutions which have or hold partici­ N/A [Value] pations in subsidiaries established in third countries 012 Total amount of consolidated own funds held in the subsidiaries established N/A [Value] in third countries (in MEUR) 013 Percentage of the total consolidated own funds held in subsidiaries established N/A [Value] in third countries (%) 014 Percentage of the consolidated own funds requirements allocated to subsidi­ N/A [Value] aries established in third countries (%) Permission granted to parent institutions to incorporate subsidiaries in the calculation of their pruden­ tial requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 Legal reference in Regulation (EU) No 575/2013 Article 9(1) (Individual consolidation method) 015 Total number of permissions granted [Value]L 146/56 EN Official Journal of the European Union 5.6.2019 016 Number of permissions granted to parent institutions to incorporarte subsidi­ [Value] aries established in third countries in the calculation of their requirement 017 Total amount of consolidated own funds held in the subsidiaries established [Value] in third countries (in MEUR) 018 Percentage of the total consolidated own funds held in subsidiaries established [Value] in third countries (%) 019 Percentage of the consolidated own funds requirements allocated to subsidi­ [Value] aries established in third countries (%) Exemption from the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 Legal reference in Regulation (EU) No 575/2013 Article 8 (Liquidity waivers for subsidiaries) 020 Total number of waivers granted [Value] 021 Number of waivers granted pursuant to Article 8(2) where all institutions [Value] within a single liquidity sub-group are authorised in the same Member State 022 Number of waivers granted pursuant to Article 8(1) where all institutions [Value] within a single liquidity sub-group are authorised in several Member States 023 Number of waivers granted pursuant to Article 8(3) to institutions which are [Value] members of the same Institutional Protection Scheme Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 Legal reference in Regulation (EU) No 575/2013 Article 10 (Credit institutions permanently affiliated to a central body) 024 Total number of waivers granted [Value] 025 Number of waivers granted to credit institutions permanently affiliated to [Value] a central body 026 Number of waivers granted to central bodies [Value] (1) Competent authorities shall report Information on waiver practices based on the total number of waivers by the competent author­ ity, which are still effective or in force. The information to be reported is limited to those entities granted a waiver. Where the infor­ mation is not available, i.e. not part of the regular reporting, it shall be reported as ‘N/A’. (2) The number of institutions which have been granted the waiver shall be used as a basis for counting the waivers.