Commission Implementing Regulation (EU) 2018/1624Show full title

Article 1 Subject matter

This Regulation lays down implementing technical standards specifying procedures and a minimum set of standard templates for the submission to resolution authorities of information necessary to draw up and implement individual resolution plans, in accordance with Article 11 of Directive 2014/59/EU, and group resolution plans in accordance with Article 13 of that Directive.

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘resolution entity’ means either of the following:

(a)

an entity established in the Union, which is identified by the resolution authority in accordance with Article 12 of Directive 2014/59/EU as an entity in respect of which the resolution plan provides for resolution action; or

(b)

an institution that is not part of a group subject to consolidated supervision pursuant to Articles 111 and 112 of Directive 2013/36/EU of the European Parliament and of the Council(1), in respect of which the resolution plan drawn pursuant to Article 10 of Directive 2014/59/EU provides for resolution action;

(2)

‘resolution group’ means either of the following:

(a)

a resolution entity and its subsidiaries that are not:

(i)

resolution entities themselves; or

(ii)

subsidiaries of other resolution entities; or

(iii)

entities established in a third country that are not included in the resolution group in accordance with the resolution plan and their subsidiaries;

(b)

credit institutions permanently affiliated to a central body, the central body and any institution under the control of the central body when one of those entities is a resolution entity;

(3)

‘group institution’ means a group entity which is a credit institution or an investment firm;

(4)

‘relevant legal entity’ means a group entity that either:

(a)

provides critical functions; or

(b)

represents or provides more than 5 % of any of the following:

(i)

the total risk exposure amount of the group, referred to in Article 92(3) of Regulation (EU) No 575/2013 of the European Parliament and of the Council(2);

(ii)

the leverage ratio total exposure measure of the group, referred to in Article 429(4) of Regulation (EU) No 575/2013;

(iii)

the operating income of the group on a consolidated basis.

Article 3 Provision of core information for the purpose of individual and group resolution plans

1. Institutions and, in the case of groups, Union parent undertakings, shall submit to resolution authorities either directly or through the competent authority, the information specified in the templates set out in Annex I in accordance with the level of consolidation of information, frequency and format set out respectively in Articles 4, 5 and 6, and following the instructions set out in Annex II.

2. Where a resolution authority or, in the case of groups, a group-level resolution authority, applies simplified obligations in accordance with Article 4 of Directive 2014/59/EU, it shall inform the institutions or Union parent undertakings concerned which information is not required to be included in the submission of information referred to in paragraph 1 of this Article. It shall identify that information by reference to the templates set out in Annex I.

Article 4 Level of consolidation of information

1. Institutions that are not part of a group shall submit the information referred to in Article 3(1), with the exception of the information referred to in templates Z 07.02 and Z 04.00 of Annex I, on an individual basis.

2. In the case of groups, Union parent undertakings shall submit the information referred to in Article 3(1) in accordance with the following specifications:

(a) the information specified in template Z 01.00 of Annex I in relation to the following:

(i)

group entities included in its consolidated financial statements which exceed 0,5 % of total assets or total liabilities of the group;

(ii)

group institutions which exceed 0,5 % of the total risk exposure amount or 0,5 % of the total Common Equity Tier 1 of the group on the basis of the consolidated situation of the Union parent undertaking;

(iii)

group entities which provide critical functions;

(b) the information specified in templates Z 02.00 and Z 03.00 of Annex I:

(i)

at the level of the Union parent undertaking or, where different, at the level of each resolution entity on an individual basis;

(ii)

at the level of each group institution that is a relevant legal entity and does not fall within the scope of point (i), on an individual basis, except in those cases when the resolution authority has fully waived the application of the individual minimum requirement for own funds and eligible liabilities pursuant to Article 45(11) or (12) of Directive 2014/59/EU to that institution;

(iii)

at the level of the Union parent undertaking on a consolidated basis or, where different, at the level of each resolution entity on the basis of the consolidated situation of the resolution group;

(c) the information specified in template Z 04.00 of Annex I in relation to the financial interconnections between all relevant legal entities;

(d) the information specified in templates Z 05.01 and Z 05.02 of Annex I:

(i)

at the level of the Union parent undertaking or, where different, at the level of each resolution entity on an individual basis;

(ii)

at the level of the Union parent undertaking on a consolidated basis or, where different, at the level of each resolution entity on the basis of the consolidated situation of the resolution group;

(e) the information specified in template Z 06.00 of Annex I at the level of the Union parent undertaking on a consolidated basis, in relation to all credit institutions which are relevant legal entities;

(f) the information specified in template Z 07.01 of Annex I, separately for each Member State in which the group operates;

(g) the information specified in templates Z 07.02 and Z 07.03 and Z 07.04 of Annex I in relation to the critical functions and core business lines provided by any group entity;

(h) the information specified in template Z 08.00 of Annex I, in relation to all critical services provided to any group entity included in template Z 01.00 of Annex I;

(i) the information specified in template Z 09.00 of Annex I in relation to all financial market infrastructures, the disruption of which would present a serious impediment or prevent the performance of any critical function identified in template Z 07 02;

(j) the information specified in templates Z 10.01 and Z 10.02 of Annex I in relation to all critical information systems within the group.

Article 5 Frequency, reference dates and remittance dates

1. Institutions shall submit the information referred to in Article 3(1) at the latest by 30 April each year in respect of the last day of the previous calendar year or of the relevant financial year. If 30 April is not a business day, the information shall be provided on the following business day.

2. Resolution authorities shall provide the necessary contact details to which the information has to be provided within the resolution authority or, where applicable, the competent authority.

3. Institutions may submit unaudited figures. Where audited figures deviate from submitted unaudited figures, the revised, audited figures shall be submitted without undue delay. Unaudited figures are figures that have not received an external auditor's opinion whereas audited figures are figures audited by an external auditor expressing an audit opinion.

4. Corrections to the submitted reports shall be submitted without undue delay.

Article 6 Format for the submission of information

1. Institutions or, in the case of groups Union parent undertakings, shall submit the information referred to in Article 3(1) in the data exchange formats and representations specified by resolution authorities, and shall respect the data point definitions included in the single data point model referred to in Annex III and the validation rules referred to in Annex IV, as well as the following specifications:

(a) information not required or not applicable shall not be included in a data submission;

(b) numeric values shall be submitted as facts according to the following:

(i)

data points with the data type ‘Monetary amount’ shall be reported using a minimum precision equivalent to thousands of units;

(ii)

data points with the data type ‘Percentage’ shall be expressed as per unit with a minimum precision equivalent to four decimals;

(iii)

data points with the data type ‘Integer’ shall be reported using no decimals and a precision equivalent to units.

2. The data submitted by institutions or, in the case of groups by Union parent undertakings, shall be associated with the following information:

(a) reference date for the submission;

(b) reporting currency;

(c) applicable accounting standards;

(d) identifier of the reporting entity;

(e) level of consolidation of information in accordance with Article 4.

Article 7 Provision of additional information for the purpose of individual or group resolution plans

1. Where a resolution authority or a group-level resolution authority, considers information not covered by any template set out in Annex I to be necessary for the purposes of drawing up and implementing resolution plans, or where the format in which additional information is provided by the competent authority pursuant to Article 8(2) is not suitable for the purposes of drawing up or implementing resolution plans, the resolution authority shall request such information from the institution or the Union parent undertaking.

2. For the purposes of the request pursuant to paragraph 1, the resolution authority shall:

(a) identify the additional information to be provided;

(b) specify, taking into account the volume and complexity of the required information, the appropriate timeframe within which the institution or, in the case of groups the Union parent undertaking, shall provide the information to the resolution authority;

(c) specify the format to be used by institutions or, in the case of groups, by Union parent undertakings in order to provide the information to the resolution authority;

(d) specify whether the information has to be completed on an individual or group level basis and whether its scope is local, Union-wide or global;

(e) provide the necessary contact details for the purposes of providing the additional information.

Article 8 Cooperation between competent and resolution authorities

1. Competent and resolution authorities shall jointly verify whether part or all of the information to be provided to the resolution authority pursuant to Article 3(1) and Article 7is already available to the competent authority.

2. Where part or all of the information is already available to the competent authority, that authority shall provide such information to the resolution authority in a timely manner.

3. In the case referred to in paragraph 2, resolution authorities shall ensure that institutions or, in the cases of groups Union parent undertakings, are informed of the information which is required to be included in the submission of information pursuant to Article 3(1). They shall identify that information by reference to the templates set out in Annex I.

Article 9 Transition period

1. By way of derogation from Article 5(1), for a financial year ending on a date between 1 January and 31 December 2018, the remittance date shall be 31 May 2019 at the latest.

2. By way of derogation from Article 5(1), for a financial year ending on a date between 1 January and 31 December 2019, the remittance date shall be 30 April 2020 at the latest.

Article 10 Repeal

Implementing Regulation (EU) 2016/1066 is repealed.

Article 11 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 October 2018.

For the Commission

The President

Jean-Claude Juncker