Commission Implementing Regulation (EU) 2016/322
of 10 February 2016
amending Implementing Regulation (EU) No 680/2014 laying down implementing technical standards with regard to supervisory reporting of institutions of the liquidity coverage requirement
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 , and in particular the fourth subparagraph of Article 415(3),
Whereas:
(1)
Commission Implementing Regulation (EU) No 680/2014 specifies the modalities according to which institutions are required to report information relevant to their compliance with the requirements of Regulation (EU) No 575/2013 in general, and with the provisions on the liquidity coverage requirement expressed as a ratio (LCR) which takes the form of a ratio, in particular. Given that the regulatory framework established by Regulation (EU) No 575/2013 on the LCR was amended by Commission Delegated Regulation (EU) 2015/61 , Implementing Regulation (EU) No 680/2014 should be updated accordingly to reflect these amendments in the regulatory framework of the LCR for credit institutions. The updates reflect, among others, the changed nature of reporting the LCR, from a mere monitoring tool in the period preceding the adoption of Delegated Regulation (EU) 2015/61, and with a view to feeding input to the design of the latter Regulation, into a proper supervisory review tool after the finalisation of that Regulation.
(2)
Implementing Regulation (EU) No 680/2014 should also be updated to provide further precision with regard to the instructions and definitions used for the purposes of institutions' supervisory reporting and to correct typos, erroneous references and formatting inconsistencies which were discovered in the course of the application of that Regulation.
(3)
As Delegated Regulation (EU) 2015/61 specifies the LCR for credit institutions only, the provisions of Implementing Regulation (EU) No 680/2014 on the LCR still apply for all remaining institutions except credit institutions.
(4)
It is necessary to design new templates and corresponding instructions for credit institutions, given the specifications of the LCR in Delegated Regulation (EU) 2015/61, which enhances the use of such templates for supervisory purposes. In other words, the update of the templates and instructions is required in order to include all the elements necessary for the calculation of the ratio. Furthermore, this update is appropriate given that the actual items to be reported under the updated templates substantially and effectively reflect the items originally reported under the original templates, requiring only that their reporting is done in a more detailed manner and with a structure and format corresponding to the specification of the LCR in Delegated Regulation (EU) 2015/61.
(5)
Supervisory reporting, in general, and supervisory reporting relating to the LCR in particular, are necessary to enable competent authorities to verify compliance of institutions with the requirements of Regulation (EU) No 575/2013, and in this particular case, in relation to the LCR. As it is necessary to verify overall actual compliance with the LCR, the templates of supervisory reporting of the LCR should include items which directly relate to the calculation of the LCR itself, as well as other items (the so-called ‘memorandum items’) which are closely related to the LCR and which serve to ensure a correct understanding of the LCR in the context of an institution's wider liquidity profile.
(6)
To provide a sufficient period of time for supervisors and institutions to prepare for the application of the new reporting templates and instructions, the implementation date for the first application of the latter should be deferred by 6 months from the date of publication of this Regulation.
(7)
The European Banking Authority has conducted open public consultations, has 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 .
(8)
Implementing Regulation (EU) No 680/2014 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
OJ L 176, 27.6.2013, p. 1.
Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 (OJ L 191, 28.6.2014, p. 1).
Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to liquidity coverage requirement for Credit Institutions (OJ L 11, 17.1.2015, p. 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).
Regulation: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pts. 1, 3; S.I. 2023/779, reg. 2(d)