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June 01, 2018

EBA published the final draft implementing technical standards on the format, structure, contents list, and annual publication date of the supervisory information to be disclosed by competent authorities. These standards are in accordance with Article 143(3) of the Capital Requirements Directive (CRD IV or Directive 2013/36/EU) and amend the Commission Implementing Regulation (EU) No 650/2014. The draft implementing standards will be submitted to EC for endorsement, following which they will be published in the Official Journal of the European Union. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The amended implementing standards incorporate the changes to the EU legal framework—particularly the Liquidity Coverage Ratio Delegated Act (LCR DA), the EBA guidelines on the Supervisory Review and Evaluation Process (SREP), and the establishment of the Single Supervisory Mechanism (SSM). The amendments will enhance transparency, ensure consistency between the templates and instructions, and will contribute to reducing the level of different interpretation between reporting. Annexes to the implementing standards regulation contain the detailed templates and are based on different regulatory topics: rules and guidance (Annex I), options and discretions (O&Ds) available in Union law (Annex II), SREP (Annex III), and aggregate statistical data (Annex IV).

The draft implementing technical standards include the following key amendments:

  • Annex I contains the updated model approval section, with information on market risk and counterparty credit risk.
  • Annex II has been updated to include the new O&Ds deriving from the LCR DA. The proposed amendments clarify which O&Ds are permanent nature and which are transitional. Moreover, the annex now differentiates between O&Ds whose exercise has been entrusted to competent authorities and O&Ds whose exercise has been entrusted to member states. It also separates the information on O&Ds for credit institutions and investment firms.
  • Annex III has been updated to incorporate the new EBA guidelines on SREP.
  • Annex IV proposes reporting of aggregate information for each competent authority.
  • Annex V has been introduced to implement binding instructions for filling the templates in the first four Annexes.

 

Related Link: Press Release and Documents

Effective Date: OJ + 20 Days

Keywords: Europe, EU, Banking, Supervisory Disclosure, CRD IV, Options and Discretions, SREP, Implementing Technical Standards, EBA

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