4.3.2022 |
EN |
Official Journal of the European Union |
L 69/60 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/365
of 3 March 2022
amending Implementing Regulation (EU) 2018/1624 laying down implementing technical standards with regard to procedures and standard forms and templates for the provision of information for the purposes of resolution plans for credit institutions and investment firms pursuant to Directive 2014/59/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 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (1), and in particular Article 11(3) thereof,
Whereas:
(1) |
Directive (EU) 2019/879 of the European Parliament and of the Council (2) introduced certain amendments to the minimum requirement for own funds and eligible liabilities laid down in Directive 2014/59/EU. Information on institutions’ capacity to meet this requirement is, to a limited extent, also considered in the context of resolution planning. |
(2) |
Commission Implementing Regulation (EU) 2018/1624 (3) should therefore be amended accordingly. |
(3) |
This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA). |
(4) |
The EBA has not conducted open public consultations on the draft implementing technical standards on which this Regulation is based, nor has it analysed the potential related costs and benefits, as it considered that this would have been highly disproportionate in relation to the very limited scope, small number and low impact of the amendments, taking into account the fact that those amendments only include updates of references to Directive 2014/59/EU, two new items to be reported and minor amendments to remove technical obstacles to the reporting. The EBA has requested the advice 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 (4), |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2018/1624 is amended as follows:
(1) |
Annex I is amended as follows:
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(2) |
Annex II is replaced by the text in Annex II 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, 3 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 173, 12.6.2014, p. 190.
(2) Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 amending Directive 2014/59/EU as regards the loss-absorbing and recapitalisation capacity of credit institutions and investment firms and Directive 98/26/EC (OJ L 150, 7.6.2019, p. 296).
(3) Commission Implementing Regulation (EU) 2018/1624 of 23 October 2018 laying down implementing technical standards with regard to procedures and standard forms and templates for the provision of information for the purposes of resolution plans for credit institutions and investment firms pursuant to Directive 2014/59/EU of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2016/1066 (OJ L 277, 7.11.2018, p. 1).
(4) 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).
ANNEX I
‘Z 02.00 - Liability Structure (LIAB) |
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Counterparty |
TOTAL |
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Households |
Non-financial corporations (SMEs) |
Non-financial corporations (non-SMEs) |
Credit institutions |
Other financial corporations |
General governments & Central banks |
Non identified, listed on a trading venue |
Non identified, not listed on a trading venue |
of which: intragroup |
of which: liabilities governed by the law of a third-country, excluding intragroup |
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Row |
Item |
0010 |
0020 |
0030 |
0040 |
0050 |
0060 |
0070 |
0080 |
0090 |
0100 |
0110 |
0100 |
LIABILITIES EXCLUDED FROM BAIL-IN |
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0110 |
Covered deposits |
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0120 |
Secured liabilities - collateralised part |
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0130 |
Client liabilities, if protected in insolvency |
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0140 |
Fiduciary liabilities, if protected in insolvency |
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0150 |
Institution liabilities < 7 days |
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0161 |
System (operator) and CCP liabilities < 7 days |
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0170 |
Employee liabilities |
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0180 |
Liabilities critical to operational daily functioning |
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0190 |
Tax and social security authorities liabilities, if preferred |
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0200 |
DGS liabilities |
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0210 |
Liabilities towards other entities of the resolution group |
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0300 |
LIABILITIES NOT EXCLUDED FROM BAIL-IN |
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0310 |
Deposits, not covered but preferential |
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0311 |
of which: residual maturity <= 1 month |
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0312 |
of which: residual maturity > 1 month < 1 year |
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0313 |
of which: residual maturity >= 1 year and < 2 years |
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0314 |
of which: residual maturity >= 2 years |
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0320 |
Deposits, not covered and not preferential |
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0321 |
of which: residual maturity <= 1 month |
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0322 |
of which: residual maturity > 1 month < 1 year |
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0323 |
of which: residual maturity >= 1 year and < 2 years |
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0324 |
of which: residual maturity >= 2 years |
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0330 |
Balance sheet liabilities arising from derivatives |
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0331 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, prior to collateral offset |
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0332 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, post collateral offset |
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0333 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, post collateral offset, incorporating estimated close-out amounts |
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0334 |
Sum of net liability positions taking into account prudential netting rules |
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0340 |
Uncollateralised secured liabilities |
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0341 |
of which: residual maturity <= 1 month |
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0342 |
of which: residual maturity > 1 month < 1 year |
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0343 |
of which: residual maturity >= 1 year and < 2 years |
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0344 |
of which: residual maturity >= 2 years |
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0350 |
Structured notes |
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0351 |
of which: residual maturity <= 1 month |
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0352 |
of which: residual maturity > 1 month < 1 year |
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0353 |
of which: residual maturity >= 1 year and < 2 years |
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0354 |
of which: residual maturity >= 2 years |
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0360 |
Senior unsecured liabilities |
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0361 |
of which: residual maturity <= 1 month |
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0362 |
of which: residual maturity > 1 month < 1 year |
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0363 |
of which: residual maturity >= 1 year and < 2 years |
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0364 |
of which: residual maturity >= 2 years |
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0365 |
Senior non-preferred liabilities |
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0366 |
of which: residual maturity <= 1 month |
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0367 |
of which: residual maturity > 1 month < 1 year |
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0368 |
of which: residual maturity >= 1 year and < 2 years |
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0369 |
of which: residual maturity >= 2 years |
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0370 |
Subordinated liabilities (not recognised as own funds) |
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0371 |
of which: residual maturity <= 1 month |
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0372 |
of which: residual maturity > 1 month < 1 year |
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0373 |
of which: residual maturity >= 1 year and < 2 years |
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0374 |
of which: residual maturity >= 2 years |
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0380 |
Other MREL eligible liabilities |
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0381 |
of which: residual maturity >= 1 year and < 2 years |
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0382 |
of which: residual maturity >= 2 years |
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0390 |
Non-financial liabilities |
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0400 |
Residual liabilities |
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0500 |
OWN FUNDS |
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0510 |
Common Equity Tier 1 Capital |
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0511 |
of which: capital instruments/share capital |
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0512 |
of which: instruments ranking pari passu with ordinary shares |
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0520 |
Additional Tier 1 capital |
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0521 |
of which: (part of) subordinated liabilities recognised as own funds |
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0530 |
Tier 2 Capital |
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0531 |
of which: (part of) subordinated liabilities recognised as own funds |
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0600 |
TOTAL LIABILITIES & OWN FUNDS INCLUDING DERIVATIVE LIABILITIES |
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’ |
‘Z 03.00 - Own funds requirements (OWN) |
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Amount or Percentage |
0010 |
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0100 |
TOTAL RISK EXPOSURE AMOUNT |
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0110 |
Contribution to total consolidated risk exposure amount |
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0120 |
Total Exposure Measure |
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INITIAL CAPITAL AND LEVERAGE RATIO REQUIREMENT |
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0210 |
Initial capital |
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0220 |
Leverage Ratio Requirement |
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0300 |
TOTAL SREP CAPITAL REQUIREMENT (TSCR) RATIO |
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0310 |
TSCR: to be made up of CET1 capital |
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0320 |
TSCR: to be made up of Tier 1 capital |
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0400 |
COMBINED BUFFER REQUIREMENTS |
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0410 |
Capital Conservation Buffer |
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0420 |
Conservation buffer due to macro-prudential or systemic risk identified at the level of a Member State |
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0430 |
Institution-Specific Countercyclical Capital Buffer |
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0440 |
Systemic Risk Buffer |
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0450 |
Global Systemically Important Institution Buffer |
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0460 |
Other Systemically Important Institution Buffer |
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0500 |
Overall capital requirement (OCR) ratio |
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0510 |
OCR: to be made up of CET1 capital |
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0520 |
OCR: to be made up of Tier 1 capital |
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0600 |
OCR and Pillar 2 Guidance (P2G) |
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0610 |
OCR and P2G: to be made up of CET1 capital |
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0620 |
OCR and P2G: to be made up of Tier 1 capital’ |
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ANNEX II
“ANNEX II
Instructions
I. General instructions
I.1 Structure
1. |
The framework consists of 15 templates, organised in 3 blocks:
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I.2 References
2. |
For the purposes of this Annex, the following abbreviations shall apply:
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I.3 Accounting standards
3. |
Unless otherwise specified in this Annex, institutions shall report all amounts based on the accounting framework they use for the reporting of financial information in accordance with Articles 9 to 11 of Implementing Regulation (EU) 2021/451. Institutions that are not required to report financial information in accordance with that Regulation shall apply the rules of their respective accounting framework. |
4. |
For institutions that report under IFRS, references have been inserted to the relevant IFRS. |
I.4 Scope of consolidation
5. |
This framework refers, depending on the template, to:
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6. |
For each template, institutions shall follow the consolidation basis or bases applicable pursuant to Article 4 of this Regulation. |
I.5 Numbering and other conventions
7. |
The instructions in this Annex follow the labelling convention laid out below, that uses numerical codes when referring to the columns, rows and cells of the templates. These numerical codes are extensively used in the validation rules.
The following general notations are used:
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8. |
Where an information item is not applicable to the entities for which the report is submitted, the corresponding field shall be left blank. |
9. |
Where the instructions in this Annex refer to a primary key, this shall mean a column or combination of columns designated to uniquely identify all the rows of the template. A primary key shall contain a unique value for each row of the template. It shall not contain null value. |
II. Template-related instructions
II.1 Z 01.00 – Organisational structure (ORG)
II.1.1 General remarks
10. |
This template provides an overview of the group’s legal and ownership structure. A single template shall be submitted in relation to all group entities meeting the minimum threshold set out in Article 4(2), point (a), of this Regulation. Only legal entities shall be identified in this template. |
II.1.2 Instructions concerning specific positions
Columns |
Instructions |
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0010-0160 |
Entity |
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0010 |
Name Name of the entity. Official name as it appears in corporate acts, including the indication of the legal form. |
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0020 |
Code Code of the entity. For institutions, the code shall be the 20-digit, alphanumeric LEI code. For other entities the code shall be the 20-digit, alphanumeric LEI code or, if not available, a code under a uniform codification applicable in the Union or, if not available, a national code. The code shall be unique and used consistently across the templates. The code shall always have a value. |
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0030 |
LEI code 20-digit, alphanumeric LEI code of the entity, where available. |
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0040 |
Entity Type The entity type, by sequential order of priority, shall be one of the following:
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0050 |
Country The ISO 3166-1-alpha-2 code of the country of incorporation of the entity, which may be a Member State or a third country. |
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0060 |
Included in the Prudential Perimeter Report the following abbreviations:
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0070 |
Article 7 CRR Waiver Report the following abbreviations:
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0080 |
Article 10 CRR Waiver Report the following abbreviations:
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0090 |
Total assets Total assets as defined for FINREP: {F 01.01;380,010} |
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0100 |
Total Risk Exposure amount Total risk exposure amount as defined for COREP (OF): {C 02.00;0010;0010} This item shall not be reported for entities that are not institutions and entities benefitting from a waiver in accordance with Article 7 or Article 10 of Regulation (EU) No 575/2013. |
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0110 |
Leverage ratio exposure Total leverage ratio exposure as defined for COREP (LR): {C 47.00;0290;0010} This item shall not be reported for entities that are not institutions and entities benefitting from a waiver in accordance with Article 7 or Article 10 of Regulation (EU) No 575/2013. |
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0120 |
Accounting standard Accounting standards applied by the entity. Report the following abbreviations:
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0130 |
Contribution to total consolidated assets The amount that the entity contributes to the total consolidated assets of the group the report refers to. |
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0140 |
Contribution to total consolidated risk exposure amount The amount that the entity contributes to the total consolidated risk exposure amount of the group the report refers to. |
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0150 |
Contribution to consolidated leverage ratio exposure The amount that the entity contributes to the total consolidated leverage ratio exposure of the group the report refers to. |
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0160 |
Relevant legal entity Whether the entity constitutes a relevant legal entity pursuant to the definition in Article 2 of this Regulation. |
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0170-0210 |
Direct parent Direct parent of the entity. Only a direct parent that has more than 5 % of voting rights in the entity shall be reported. If an entity has more than one direct parent, only the direct parent with the highest capital share – or voting share, if relevant – shall be reported. |
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0170 |
Name Name of the direct parent of the entity. |
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0180 |
Code The code of the direct parent. For institutions the code shall be the 20-digit, alphanumeric LEI code. For other entities the code shall be the 20-digit, alphanumeric LEI code or, if not available, a code under a uniform codification applicable in the Union or, if not available, a national code. The code shall be unique and used consistently across the templates. The code shall always have a value. |
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0190 |
LEI code 20-digit, alphanumeric LEI code of the entity, where available. |
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0200 |
Share capital Amount of share capital held by the direct parent in the entity, excluding reserves. |
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0210 |
Voting rights in the Entity Percentage of voting rights held by the direct parent in the entity. This information is only required if one share is not equal to one vote (hence voting rights are not equal to share capital). |
II.2 Z 02.00 – Liability Structure (LIAB)
II.2.1 General remarks
11. |
This template requires granular information on the liability structure of the entity or group. Liabilities are broken down by liabilities excluded from bail-in and liabilities not excluded from bail-in. Further breakdowns by liability classes, counterparty classes and maturity are provided. |
12. |
Where a maturity breakdown is set out in this template, the residual maturity shall be the time until the contractual maturity. By derogation from that:
In case of interim payments of principal, the principal shall be split and allocated into the corresponding maturity buckets. Where applicable, the maturity shall be considered separately for both the principal amount and accrued interest. |
13. |
Amounts reported in this template shall be outstanding amounts. The outstanding amount of a claim or instrument is the sum of the principal amount of, and accrued interest on, the claim or instrument. The outstanding amount due is equal to the value of the claim which the creditor could file under insolvency proceedings. |
14. |
However, balance sheet liabilities arising from derivatives (reported in row 0330) shall be reported in the form of carrying amounts. The carrying amount shall be the carrying amount as defined for FINREP purposes, either under IFRS or nGAAP, as applicable. Otherwise, figures under nGAAP reporting schemes shall be used. |
II.2.2 Instructions concerning specific positions
Columns |
Instructions |
0010 |
Households FINREP, Annex V, Part 1, paragraph 42, point (f) Individuals or groups of individuals as consumers and producers of goods and non-financial services exclusively for their own final consumption, and as producers of market goods and non-financial and financial services provided that their activities are not those of quasi-corporations. Non-profit institutions which serve households and which are principally engaged in the production of non-market goods and services intended for particular groups of households shall be included. |
0020 |
Non-financial corporations (SMEs) Annex, Title I, Article 2.1, of Commission Recommendation of 6 May 2003 (8); FINREP, Annex V, Part 1, paragraph 5, point (i) Enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million. |
0030 |
Non-financial corporations (non-SMEs) FINREP, Annex V, Part 1, paragraph 42, point (e) Corporations and quasi-corporations not engaged in financial intermediation but principally in the production of market goods and non-financial services under Regulation (EU) 2021/379 of the European Central Bank (9). Excludes ‘SMEs’ reported in column 0020. |
0040 |
Credit institutions FINREP, Annex V, Part 1, paragraph 42, point (c) Credit institutions within the meaning of Article 4(1), point (1), of Regulation (EU) No 575/2013 and multilateral development banks. |
0050 |
Other financial corporations FINREP, Annex V, Part 1, paragraph 42, point (d) All financial corporations and quasi-corporations other than credit institutions such as investment firms, investment funds, insurance companies, pension funds, collective investment undertakings, and clearing houses as well as remaining financial intermediaries, financial auxiliaries and captive financial institutions and money lenders. |
0060 |
General governments & Central banks FINREP, Annex V, Part 1, paragraph 42, points (a) and (b) Central banks and central governments, state or regional governments, and local governments, including administrative bodies and non-commercial undertakings, but excluding public and private companies that are held by those administrations and carry out a commercial activity (which shall be reported under “credit institutions”, “other financial corporations” or “non-financial corporations” depending on their activity); social security funds; and international organisations, such as the European Union, the International Monetary Fund and the Bank for International Settlements. |
0070 |
Non-identified, listed on a trading venue Where the identity of the holder of a security is not known due to the instruments being listed on a trading venue, as defined under Directive 2014/65/EU of the European Parliament and of the Council (10), the amounts shall be attributed to this column. |
0080 |
Non-identified, not listed on a trading venue Where the identity of the holder of a security is not known, without the instruments being listed on a trading venue, the amounts shall be attributed to this column and no further counterparty breakdown is required. Entities shall dedicate their best efforts to identify counterparties and limit the use of this column to a minimum. |
0090 |
Total |
0100 |
Of which: intragroup Liabilities towards entities included in the consolidated financial statements of the ultimate parent entity (as opposed to the regulatory scope of consolidation). |
0110 |
Of which: liabilities governed by the law of a third country, excluding intragroup These shall include the gross amounts of liabilities governed by the law of a third-country and/or issued by group entities established in third-countries. Intragroup liabilities shall be excluded. Where the resolution authority has confirmed that it is satisfied, pursuant to Article 55(1), third subparagraph, of Directive 2014/59/EU of the European Parliament and of the Council (11), that any decision of a resolution authority to write down or convert a liability would be effective under the law of that third country, that liability shall not be reported in this column. |
Rows |
Instructions |
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0100 |
Liabilities excluded from bail-in Article 44(2) of Directive 2014/59/EU states that resolution authorities shall not exercise the write down or conversion powers in relation to liabilities excluded from bail-in, whether they are governed by the law of a Member State or of a third country. |
||||||
0110 |
Covered deposits The amount of covered deposits as defined in Article 2(1), point (5), of Directive 2014/49/EU of the European Parliament and of the Council (12), with the exclusion of temporary high balances as defined in Article 6(2) of that Directive. |
||||||
0120 |
Secured liabilities – collateralised part Article 44(2), point (b), of Directive 2014/59/EU Secured liabilities including repurchase agreements (repos), covered bonds and liabilities in the form of financial instruments which form an integral part of the cover pool and which according to national law are secured in a way similar to covered bonds. Neither the requirement to ensure that all secured assets relating to a covered bond cover pool remain unaffected, segregated and with enough funding, nor the exclusion provided for in Article 44(2), point (b), of Directive 2014/59/EU shall prevent resolution authorities, where appropriate, from exercising those powers in relation to any part of a secured liability or a liability for which collateral has been pledged that exceeds the value of the assets, pledge, lien or collateral against which it is secured. Such an uncovered amount of these secured liabilities shall not be reported in this row, but reported in row 0340, subject to additional breakdown. Central Bank liabilities which are covered by a collateral pool (for example main refinancing operations, long term refinancing operation, target longer-term refinancing operations, etc.) shall be regarded as secured liabilities. A specific type of liabilities are collateral positions received and recorded on the balance sheet. Where such collateral positions are legally bound with an asset position, these shall be treated as secured liabilities for the purpose of this report. |
||||||
0130 |
Client liabilities, if protected in insolvency Article 44(2), point (c), of Directive 2014/59/EU Any liability that arises by virtue of the holding by the institution or entity, referred to in Article 1(1), point (b), (c) or (d), of Directive 2014/59/EU, of client assets or client money including client assets or client money held on behalf of UCITS as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council (13), or of AIFs as defined in Article 4(1), point (a), of Directive 2011/61/EU of the European Parliament and of the Council (14), provided that such a client is protected under the applicable insolvency law. |
||||||
0140 |
Fiduciary liabilities, if protected in insolvency Article 44(2), point (d), of Directive 2014/59/EU Any liability that arises by virtue of a fiduciary relationship between the institution or entity referred to in Article 1(1), point (b), (c) or (d), of Directive 2014/59/EU (as fiduciary) and another person (as beneficiary), provided that such a beneficiary is protected under the applicable insolvency or civil law. |
||||||
0150 |
Institution liabilities < 7 days Article 44(2), point (e), of Directive 2014/59/EU Liabilities to institutions, excluding entities that are part of the same accounting group, with an original maturity of less than seven days. |
||||||
0161 |
System (operator) and CCP liabilities < 7 days Article 44(2), point (f), of Directive 2014/59/EU Liabilities with a remaining maturity of less than seven days, owed to systems or operators of systems designated in accordance with Directive 98/26/EC of the European Parliament and of the Council (15), or to their participants and arising from the participation in such a system, or to CCPs authorised in the Union pursuant to Article 14 of Regulation (EU) No 648/2012 of the European Parliament and of the Council (16) and third-country CCPs recognised by ESMA pursuant to Article 25 of that Regulation. |
||||||
0170 |
Employee liabilities Article 44(2), point (g)(i), of Directive 2014/59/EU Liabilities to an employee, in relation to accrued salary, pension benefits or other fixed remuneration, except for the variable component of remuneration that is not regulated by a collective bargaining agreement. This shall however not apply to the variable component of the remuneration of material risk takers as identified in Article 92(2) of Directive 2013/36/EU. |
||||||
0180 |
Liabilities critical to operational daily functioning Article 44(2), point (g)(ii), of Directive 2014/59/EU Liabilities to a commercial or trade creditor arising from the provision to the institution or entity referred to in Article 1(1), point (b), (c) or (d), of Directive 2014/59/EU of goods or services that are critical to the daily functioning of its operations, including IT services, utilities and the rental, servicing and upkeep of premises. |
||||||
0190 |
Tax and social security authorities liabilities, if preferred Article 44(2), point (g)(iii), of Directive 2014/59/EU Liabilities to tax and social security authorities provided that those liabilities are preferred under the applicable law. |
||||||
0200 |
DGS liabilities Article 44(2), point (g)(iv), of Directive 2014/59/EU Liabilities to deposit guarantee schemes arising from contributions due in accordance with Directive 2014/49/EU. |
||||||
0210 |
Liabilities towards other entities of the resolution group Article 44(2), point (h), of Directive 2014/59/EU Liabilities to institutions or entities referred to in Article 1(1), point (b), (c) or (d), of Directive 2014/59/EU that are part of the same resolution group without being themselves resolution entities, regardless of their maturities, except where those liabilities rank below ordinary unsecured liabilities under the relevant national law governing normal insolvency proceedings applicable on the date of transposition of Directive 2014/59/EU. Where the excluded liability is a derivatives liability, the net liability positions taking into account the prudential netting rules laid down in Article 429c of Regulation (EU) No 575/2013 shall be reported. |
||||||
0300 |
Liabilities not excluded from bail-in |
||||||
0310 – 0314 |
Deposits, not covered but preferential Article 108 of Directive 2014/59/EU Deposits as defined in Article 2(1), point (3), of Directive 2014/49/EU that do not qualify for exclusion from bail-in (Article 44(2), point (a), of Directive 2014/59/EU), yet for which a preferential treatment is provided for in accordance with Article 108 of Directive 2014/59/EU. |
||||||
0320 – 0324 |
Deposits, not covered and not preferential Deposits as defined in Article 2(1), point (3), of Directive 2014/49/EU that do not qualify for exclusion from bail-in or preferential treatment under Article 44(2), point (a), or Article 108 of Directive 2014/59/EU. |
||||||
0330 |
Balance sheet liabilities arising from derivatives Accounting value of liabilities arising from derivatives. |
||||||
0331 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, prior to collateral offset By default, the sum of all net market values of derivative liabilities per contractual netting set. Only where the net market value of a netting set is a liability, the netting set shall be reported. Derivatives which are not subject to netting arrangements shall be treated as a single contract, i.e. as if it were a netting set with only one derivative. |
||||||
0332 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, post collateral offset The valuation in row 0331 is subject to an adjustment for collateral posted to secure this exposure, which results in the sum of these net market values after offsetting collateral at its market value. |
||||||
0333 |
Sum of net liability positions taking into account contractual netting sets, after mark-to-market adjustments, post collateral offset, incorporating estimated close-out amounts In accordance with Commission Delegated Regulation 2016/1401 (17), an additional close-out amount covering the amount of losses or costs incurred by derivative counterparties, or gains realised by them, in replacing or obtaining the economic equivalent on material terms of the contracts and the option rights of the parties in respect of the terminated contracts. The estimations required to determine a close-out amount in accordance with that Delegated Regulation can prove quite difficult on an individual basis. Therefore, proxy values, which may be based on available data, such as the prudential requirements for market risk, can be used instead. If it proves impossible to calculate the close-out amount for the derivative liabilities, the amount reported shall be equal to the amount reported in row 0332. |
||||||
0334 |
Sum of net liability positions taking into account prudential netting rules The net liability positions for derivatives taking into account the prudential netting rules laid down in Article 429c of Regulation (EU) No 575/2013 (related to the calculation of the leverage ratio total exposure measure) shall be reported. |
||||||
0340 – 0344 |
Uncollateralised secured liabilities The amount of secured liabilities or liabilities for which collateral has been pledged that exceeds the value of the assets, pledge, lien or collateral against which it is secured. This shall capture the ‘undercollateralised’ part of any collateralised liability, for example the undercollateralised part of covered bonds or repurchase operations. |
||||||
0350 – 0354 |
Structured notes Structured notes are specified for this purpose as debt obligations that contain an embedded derivative component, with returns linked to an underlying security or index (public or bespoke, such as equities or bonds, fixed income rates or credit, FX, commodities, etc.). Structured notes do not include debt instruments that include call or put options only, i.e. the value of the instrument does not depend on any embedded derivative component. |
||||||
0360 – 0364 |
Senior unsecured liabilities This includes all senior unsecured instruments that are not included in the structured notes category. |
||||||
0365 – 0369 |
Senior non-preferred liabilities Amount of any of the following liabilities:
|
||||||
0370 – 0374 |
Subordinated liabilities Liabilities which will only be repaid under national insolvency law after all classes of ordinary creditors and senior non-preferred creditors have been repaid in full. This includes both contractually and statutorily subordinated liabilities. In the case of holding companies, unsubordinated debt securities may also be reported in this category (i.e. structural subordination). Only subordinated instruments that are not recognized as own funds shall be included in this category. This row shall also include the part of subordinated liabilities that qualifies in principle as own funds, but is not included in own funds due to phase-out provisions such as Article 64 of Regulation (EU) No 575/2013 (remaining maturity) or Part Ten of Regulation (EU) No 575/2013 (grandfathering impact). |
||||||
0380 – 0382 |
Other MREL eligible liabilities Any instrument that is eligible for the purposes of meeting the requirement set out in Article 45 of Directive 2014/59/EU but is not captured in rows 0320 and 0340 to 0370. |
||||||
0390 |
Non-financial liabilities This row captures non-financial liabilities that do not relate to debt instruments of which the holders can be bailed in due to practical reasons, such as provisions related to litigations to which the entity is subject. |
||||||
0400 |
Residual liabilities Any liability not reported in rows 0100 to 0390. |
||||||
0500 |
Own funds Article 4(1), point (118), and Article 72 of Regulation (EU) No 575/2013 Same definition as COREP (OF): {C 01.00;010;010} |
||||||
0510 |
Common Equity Tier 1 Capital Article 50 of Regulation (EU) No 575/2013 Same definition as COREP (OF): {C 01.00;020;010} |
||||||
0511 |
Of which: capital instruments/share capital Legal instruments that constitute (part of) CET1 capital in the form of capital instruments/share capital |
||||||
0512 |
Of which: instruments ranking pari passu with ordinary shares Legal instruments that constitute (part of) CET1 own funds in the form of instruments other than capital instruments/share capital, but ranking pari passu with this category |
||||||
0520 |
Additional Tier 1 capital Article 61 of Regulation (EU) No 575/2013 Same definition as COREP (OF): {C 01.00;530;010} |
||||||
0521 |
Of which: (part of) subordinated liabilities recognised as own funds Legal instruments that constitute (part of) Additional Tier 1. |
||||||
0530 |
Tier 2 Capital Article 71 of Regulation (EU) No 575/2013 Same definition as COREP (OF): {C 01.00;750;010} |
||||||
0531 |
Of which: (part of) subordinated liabilities recognised as own funds This breakdown identifies the legal instruments that constitute (part of) Tier 2 own funds. |
||||||
0600 |
Total liabilities and own funds including derivative liabilities Sum of all the liabilities reported in this template and the amount of regulatory own funds. To this end, all the amounts from the above lines shall be added. With respect to derivatives, the value to be used shall be row 0334 ‘Sum of net liability positions taking into account prudential netting rules’. |
II.3 Z 03.00 – Own funds requirements (OWN)
II.3.1 General remarks
15. |
This template gathers information on the own funds requirements for an entity or a group. |
16. |
All information reported shall reflect the own funds requirements applicable at the reporting reference date. |
17. |
The information on Pillar 2 requirements reported in this template shall be based on the latest available official SREP letter communicated by the competent authority. |
18. |
Where the entity the report refers to is not subject to capital requirements on an individual basis, it shall only report row 0110. |
II.3.2 Instructions concerning specific positions
Rows |
Instructions |
||||||
0100 |
Total Risk Exposure Amount Article 92(3) of Regulation (EU) No 575/2013 See Z 01.00, column 0100 Total risk exposure amount as defined for COREP (OF): {C 02.00;010;010} |
||||||
0110 |
Contribution to total consolidated risk exposure amount See Z 01.00, column 0140 This item shall only be reported for entities that are not subject to capital requirements on an individual basis. |
||||||
0120 |
Total exposure measure Article 429(4) of Regulation (EU) No 575/2013. |
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0210 – 0250 |
Initial capital and Leverage Ratio requirements |
||||||
0210 |
Initial capital Articles 12 and 28 to 31 of Directive 2013/36/EU and Article 93 of Regulation (EU) No 575/2013 The amount of initial capital required as a precondition for the authorization to commence the activity of an institution. |
||||||
0220 |
Leverage Ratio Requirement Leverage ratio requirement in accordance with Article 92(1), point (d), of Regulation (EU) No 575/2013 as applicable to the entity or group, expressed as a percentage of the total exposure measure. Reporting entities that exclude exposures to the institution’s central bank as referred to in Article 429a(1), point (n), of Regulation (EU) No 575/2013 shall report the adjusted leverage ratio requirement in accordance with Article 429a(7) of that Regulation. If no formal requirement is in place, entities shall leave this cell empty. |
||||||
0300 |
Total SREP capital requirement (TSCR) ratio COREP (OF): {C 03.00;0130;0010} The sum of (i) and (ii) as follows:
This item shall reflect the total SREP capital requirement (TSCR) ratio as communicated to the institution by the competent authority. The TSCR is defined in Section 1.2 of the EBA SREP GL. If no additional own funds requirements were communicated by the competent authority, then only point (i) shall be reported. |
||||||
0310 |
TSCR: to be made up of CET1 capital COREP (OF): {C 03.00;0140;0010} The sum of (i) and (ii) as follows:
If no additional own funds requirements, to be held in the form of CET1 capital, were communicated by the competent authority, then only point (i) shall be reported. |
||||||
0320 |
COREP (OF): {C 03.00;0150;0010} The sum of (i) and (ii) as follows:
If no additional own funds requirements, to be held in the form of Tier 1 capital, were communicated by the competent authority, then only point (i) shall be reported. |
||||||
0400 |
Combined Buffer Requirements Article 128, point (6), of Directive 2013/36/EU COREP (OF): {C 04.00;0740;0010} |
||||||
0410 |
Capital Conservation Buffer Article 128, point (1), and Article 129 of Directive 2013/36/EU COREP (OF): {C 04.00;750;010}). In accordance with Article 129(1) of that Directive, the capital conservation buffer is an additional amount of Common Equity Tier 1 capital. Due to the fact that the capital conservation buffer rate of 2,5 % is stable, an amount shall be reported in this cell. |
||||||
0420 |
Conservation buffer due to macro-prudential or systemic risk identified at the level of a Member State Article 458(2), point (d)(iv), of Regulation (EU) No 575/2013 COREP (OF): {C 04.00;760;010}). In this cell the amount of the conservation buffer due to macro-prudential or systemic risk identified at the level of a Member State, which can be requested according to Article 458 of Regulation (EU) No 575/2013 in addition to the capital conservation buffer shall be reported. The amount reported shall represent the amount of own funds needed to fulfil the respective capital buffer requirements at the reporting date. |
||||||
0430 |
Institution-Specific Countercyclical Capital Buffer Article 128, point (2), and Articles 130 and 135 to 140 of Directive 2013/36/EU (see COREP (OF): {C 04.00;770;010}). The amount reported shall represent the amount of own funds needed to fulfil the respective capital buffer requirements at the reporting date. |
||||||
0440 |
Systemic Risk Buffer Article 128, point (5), and Articles 133 and 134 of Directive 2013/36/EU (see COREP (OF): {C 04.00;780;010}). The amount reported shall represent the amount of own funds needed to fulfil the respective capital buffer requirements at the reporting date. |
||||||
0450 |
Global Systemically Important Institution Buffer Article 128, point (3), and Article 131 of Directive 2013/36/EU COREP (OF): {C 04.00;800;010} The amount reported shall represent the amount of own funds needed to fulfil the respective capital buffer requirements at the reporting date. |
||||||
0460 |
Other Systemically Important Institution Buffer Article 128, point (4), and Article 131 of Directive 2013/36/EU COREP (OF): {C 04.00;810;010} The amount reported shall represent the amount of own funds needed to fulfil the respective capital buffer requirements at the reporting date. |
||||||
0500 |
Overall capital requirement (OCR) ratio COREP (OF): {C 03.00;160;010} The sum of (i) and (ii) as follows:
This item shall reflect the Overall capital requirement (OCR) ratio as defined in Section 1.2 of the EBA SREP Guidelines. If no buffer requirement is applicable, only point (i) shall be reported. |
||||||
0510 |
OCR: to be made up of CET1 capital COREP (OF): {C 03.00;170;010} The sum of (i) and (ii) as follows:
If no buffer requirement is applicable, only point (i) shall be reported. |
||||||
0520 |
OCR: to be made up of Tier 1 capital COREP (OF): {C 03.00;180;010} The sum of (i) and (ii) as follows:
If no buffer requirement is applicable, only point (i) shall be reported. |
||||||
0600 |
OCR and Pillar 2 Guidance (P2G) COREP (OF): {C 03.00;190;010} The sum of (i) and (ii) as follows:
If no P2G is communicated by the competent authority, then only point (i) shall be reported. |
||||||
0610 |
OCR: to be made up of CET1 capital COREP (OF): {C 03.00;200;010} The sum of (i) and (ii) as follows:
If no P2G is communicated by the competent authority, then only point (i) shall be reported. |
||||||
0620 |
OCR and P2G: to be made up of Tier 1 capital COREP (OF): {C 03.00;210;010} The sum of (i) and (ii) as follows:
If no P2G is communicated by the competent authority, then only point (i) shall be reported. |
II.4 Z 04.00 – Intragroup financial interconnections (IFC)
II.4.1 General remarks
19. |
This template requires information on intragroup liabilities not excluded from bail-in, capital instruments and guarantees. |
20. |
All financial interconnections between relevant legal entities that are included in the consolidated financial statements shall be reported. Reported amounts shall be aggregated where they pertain to the same counterparties (both issuer or guaranteed entity, and creditor, holder or guarantee provider) and the same type of liabilities, capital instruments or guarantees. |
21. |
The combination of values reported in columns 0020, 0040 and 0050 of this template forms a primary key which has to be unique for each row of the template. |
II.4.2 Instructions concerning specific positions
Columns |
Instructions |
||||||||||||||||||||||||||||||||||||
0010-0020 |
Issuer or guaranteed entity Legal entity that issues the liabilities or capital instrument, or is the guaranteed entity. |
||||||||||||||||||||||||||||||||||||
0010 |
Entity name Must be different from the entity name listed in column 0030. |
||||||||||||||||||||||||||||||||||||
0020 |
Code The code of the issuer or guarantee recipient. For institutions the code shall be the 20-digit, alphanumeric LEI code. For other entities the code shall be the 20-digit, alphanumeric LEI code or, if not available, a code under a uniform codification applicable in the Union or, if not available, a national code. The code shall be unique and used consistently across the templates. The code must be different from the code listed in column 0040. |
||||||||||||||||||||||||||||||||||||
0030-0040 |
Creditor, holder or guarantee provider Legal entity that is the creditor to the liability, holds the capital instrument or provides the guarantee. |
||||||||||||||||||||||||||||||||||||
0030 |
Entity name Must be different from the entity name listed in column 0010. |
||||||||||||||||||||||||||||||||||||
0040 |
Code The code of the creditor, holder or guarantee provider. For institutions the code shall be the 20-digit, alphanumeric LEI code. For other entities the code shall be the 20-digit, alphanumeric LEI code or, if not available, a code under a uniform codification applicable in the Union or, if not available, a national code. The code shall be unique and used consistently across the templates. Must be different from the code listed in column 0020. |
||||||||||||||||||||||||||||||||||||
0050- 0080 |
Financial interconnection This field describes the financial interconnection between the relevant legal entities. |
||||||||||||||||||||||||||||||||||||
0050 |
Type To be chosen from the following list: Intragroup Liabilities
Intragroup Guarantees
|
||||||||||||||||||||||||||||||||||||
0060 |
Outstanding amount For liabilities (column 0050, types L.1, L.2 and L.4 – L.14), the outstanding amount of the intragroup liabilities; for liabilities arising from derivatives (type L.3), the close-out amounts as defined for the purposes of template Z 02.00 (LIAB), row 0333. For guarantees (column 0050, values G.1 – G.4), the maximum potential amount of future payments under the guarantee |
||||||||||||||||||||||||||||||||||||
0070 |
Of which issued under third country law The share, in monetary amount, of the outstanding amount that is governed by the law of a third country. |
||||||||||||||||||||||||||||||||||||
0080 |
Of which: MREL eligible The amount of own funds and liabilities eligible to meet the requirement set out in Article 45 of Directive 2014/59/EU. |
II.5 Z 05.01 and Z 05.02 – Major Counterparties (MCP)
II.5.1 General remarks
22. |
These templates collect information on liabilities towards major counterparties (Z 05.01) and off-balance sheet items received from major counterparties (Z 05.02). Reported amounts shall be aggregated where they belong to the same counterparty and the same type of liabilities or off-balance sheet items. |
23. |
Liabilities and off-balance sheet items for which the counterparty cannot be identified shall not be reported in these templates. Liabilities and off balance sheet items for which the counterparty is an entity included in the consolidated financial statements shall not be reported. |
II.5.2 Z 05.01 – Major liabilities counterparties – Instructions concerning specific positions
24. |
The combination of values reported in columns 0020 and 0060 of this template forms a primary key which has to be unique for each row of the template.
|
II.5.3 Z 05.02 – Major off-balance sheet counterparties: Instructions concerning specific positions
25. |
The combination of values reported in columns 0020 and 0060 of this template forms a primary key which has to be unique for each row of the template.
|
II.6 Z 06.00 – Deposit insurance (DIS)
II.6.1 General remarks
26. |
This template provides an overview of deposit insurance within a group. A deposit guarantee scheme (DGS) shall be reported in this template, if a relevant legal entity of the group is a member of it. |
27. |
Every credit institution belonging to the group shall be reported in a separate row. |
II.6.2 Instructions concerning specific positions
Columns |
Instructions |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0010-0020 |
Entity |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0010 |
Entity Name The name of the entity as reported in Z 01.00 – Organisational structure (ORG). |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0020 |
Code Code of the entity, as reported in Z 01.00 – Organisational structure (ORG). This is a row identifier and has to be unique for each row in the template. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0030 |
DGS Article 4(3) of Directive 2014/49/EU The name of the officially recognised DGS of which the entity is a member under Directive 2014/49/EU. This shall be the DGS in the Member State of incorporation of the entity, at the exclusion of other DGSs which, in other Member States, might provide additional protection (‘top up’) to customers of the entity at a branch in that Member State. Where an institution is a member of an IPS which is also officially recognised as a DGS pursuant to Article 4(2) of Directive 2014/49/EU, the name of the DGS shall be identical as the name of the IPS in row 050. For each country of incorporation of the entity, the DGS shall be chosen among the following: For Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech
Denmark
Estonia
Finland
France
Germany
Gibraltar
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
If the officially recognised DGS of which the entity is member is not listed above, ‘other’ shall be reported. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0040 |
Amount of covered deposits Article 2(1), point (5), and Article 6(2) of Directive 2014/49/EU The amount of covered deposits as defined in Article 2(1), point (5), in conjunction with Article 6 of Directive 2014/49/EU, as covered by the DGS in row 00030, with the exclusion of temporary high balances as defined in Article 6(2) of Directive 2014/49/EU. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0050 |
Institutional Protection Scheme Article 113(7) of Regulation (EU) No 575/2013 Name of the institutional protection scheme (IPS), as referred to in Article 113(7) of Regulation (EU) No 575/2013, of which the entity is a member. Do not report anything if the entity is not a member of an IPS. If the entity is member of an IPS which is also officially recognised as a DGS pursuant to Article 4(2) of Directive 2014/49/EU, the name of the IPS shall be identical to the name of the DGS in row 030. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
0060 |
Additional protection under contractual scheme Article 1(3), point (a), of Directive 2014/49/EU Amount of deposits covered by a contractual scheme at the entity. |
II.7 Critical functions and core business lines
II.7.1 General remarks
28. |
The four templates of this section provide key data and qualitative assessments of the impact, substitutability and criticality of economic functions the group is providing, supplemented by a mapping of those critical functions to core business lines and legal entities. |
29. |
More specifically, the templates are dedicated to the following topics: |
30. |
Template Z 07.01 – Criticality assessment of economic functions (FUNC 1) identifies, based on quantitative and qualitative indicators, the non-critical and critical functions performed by the group for each Member State in which the group is active; |
31. |
Template Z 07.02 – Mapping of critical functions by legal entity (FUNC 2) maps the identified critical functions to legal entities and assesses whether each legal entity is considered material to the performance of the critical function or not; |
32. |
Template Z 07.03 – Mapping of core business lines by legal entity (FUNC 3) provides a full list of core business lines and maps them to legal entities; |
33. |
Template Z 07.04 – Mapping of critical functions by core business lines (FUNC 4) maps the identified critical functions to business lines. |
34. |
Pursuant to Article 2(1), point (35), of Directive 2014/59/EU, ‘critical functions’ means activities, services or operations the discontinuance of which is likely in one or more Member States, to lead to the disruption of services that are essential to the real economy or to disrupt financial stability due to the size, market share, external and internal interconnectedness, complexity or cross-border activities of an institution or group, with particular regard to the substitutability of those activities, services or operations. |
35. |
Pursuant to Article 6(1) of Commission Delegated Regulation (EU) 2016/778 (18), a function shall be considered critical, when it meets both of the following:
|
36. |
Pursuant to Article 2(1), point (36), of Directive 2014/59/EU, ‘core business lines’ means business lines and associated services which represent material sources of revenue, profit or franchise value for an institution or for a group of which an institution forms part. |
37. |
For the purposes of this template, economic functions shall refer to the functions listed in the table below. |
38. |
For each category of economic functions, an economic function ‘other’ may be chosen if the function is not captured by the other predefined functions. |
39. |
Counterparties referred to in rows 0010 to 0070 and in rows 0080 to 0150 are defined identically to counterparty sectors as provided for in FINREP, Annex V, Part 1, chapter 6. ‘SMEs’ means SMEs as defined in FINREP, Annex V, Part 1, paragraph 5, point (i).
|
II.7.2 Z 07.01 – Criticality assessment of economic functions (FUNC 1): Instructions concerning specific positions
40. |
This template shall be reported once for each Member State (identified as ‘country’) in which the group is active. |
41. |
It covers all economic functions performed in that Member State by any group entity, whether that function represents a critical function or not.
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II.7.3 Z 07.02 – Mapping of critical functions by legal entity (FUNC 2): Instructions concerning specific positions
42. |
This template shall be reported for the entire group. Only critical functions identified as such in {Z 07.01;070} (per Member State) shall be reported in this template. |
43. |
The combination of values reported in columns 0010, 0020 and 0040 of this template forms a primary key which has to be unique for each row of the template.
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II.7.4 Z 07.03 – Mapping of core business lines to legal entities (FUNC 3): Instructions concerning specific positions
44. |
The combination of values reported in columns 0020 and 0040 of this template forms a primary key which has to be unique for each row of the template. |
45. |
Only relevant legal entities shall be reported in this template.
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II.7.5 Z 07.04 – Mapping of critical functions to core business lines (FUNC 4): Instructions concerning specific positions
46. |
The combination of values reported in columns 0010, 0020 and 0040 of this template forms a primary key which has to be unique for each row of the template. |
47. |
Only critical functions, as identified in {Z 07.01;0070}, shall be reported in this template.
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II.8 Z 08.00 – Critical services (SERV)
II.8.1 General instructions
48. |
The information to be included in this template shall be reported once for the entire group, list critical services received by any entity in the group and link them to the critical functions provided by the group. |
49. |
Critical services shall be the underlying operations, activities and services performed for one (dedicated services) or more business units or legal entities (shared services) within the group which are needed to provide one or more critical functions. Critical services may be performed by entities within the group (internal service) or be outsourced to an external provider (external service). A service shall be considered critical where its disruption can present a serious impediment to, or completely prevent, the performance of critical functions as they are intrinsically linked to the critical functions that an institution performs for third parties. |
50. |
Services that are performed entirely internally to a legal entity shall not be reported in this template. |
51. |
Services that do not have a material impact on critical functions shall not be reported in this template. |
52. |
The combination of values reported in columns 0005, 0010, 0030, 0050, 0070 and 0080 of this template forms a primary key which has to be unique for each row of the template. |
II.8.2 Instructions concerning specific positions
Columns |
Instructions |
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0005 |
Identifier |
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0010 |
Service type The service type shall be one of the service types listed below. Where possible, the sub-category shall be reported (two digit identification). Where no sub-category exists or no sub-category properly describes the service provided by the institution, the main category (one digit identification) shall be reported.
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0020-0030 |
Service recipient The entity of the group which receives the critical service reported in column 0010 from another group entity or the external provider reported in columns 0040-0050. |
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0020 |
Entity name Must be different from the name listed in column 0040. |
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0030 |
Code Unique identifier of the legal entity in column 0020 as reported in template Z 01.00 (ORG) Must be different from the identifier reported in column 0050. |
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0040-0050 |
Service provider The legal entity (internal or external) which provides the critical service reported in column 0010 to a group entity. |
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0040 |
Entity name Must be different from the name listed in column 0020. |
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0050 |
Code Unique identifier of the legal entity in column 0040. Must be different from the identifier listed in column 0030. Where the service provider is a group entity, the code shall be the same as reported in n template Z 01.00 (ORG). Where the service provider is not a group entity, the code of that entity shall be:
The code shall be unique and used consistently across the templates. |
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0060 |
Part of the group ‘Yes’ – if the service is provided by an entity of the group (“internal”) ‘No’ – if the service is provided by an entity outside of the group (“external”) |
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0070-0080 |
Critical function The critical function the performance of which would suffer a serious impediment or be completely prevented in case of disruption of the critical service. It is one of the functions assessed as critical in template Z 07.01 (FUNC 1). |
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0070 |
Country Member State for which the function is critical, as reported in Z 07.01 (FUNC 1). |
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0080 |
ID ID of the critical functions as defined in chapter II.7.1 above and referred to in template Z 07.01 (FUNC 1). |
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0090 |
Estimated time for substitutability Estimated time necessary to substitute a provider with another one to a comparable extent as regards object, quality and cost of the service received. Report one of the following values:
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0100 |
Estimated time for access to contracts Estimated time necessary to retrieve the following information on the contract regulating the service following a request by the resolution authority:
Report one of the following values:
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0110 |
Governing law ISO code of the country the law of which governs the contract. |
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0120 |
Resolution-proof contract Reflects the assessment of whether the contract could be continued and transferred in resolution. The assessment shall take into account, among other factors:
Report one of the following values:
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II.9 Z 09.00 – FMI Services – Providers and users – Mapping to critical functions
II.9.1 General remarks
53. |
This template identifies clearing, payments, securities settlement and custody activities, functions or services, the discontinuation of which can present a serious impediment to, or completely prevent, the performance of one or more critical functions. |
54. |
This template shall be reported once for the entire institution or group. |
55. |
Only the financial market infrastructures the disruption of which would present a serious impediment to, or prevent, the performance of a critical function shall be identified. |
56. |
The combination of values reported in columns 0020, 0030, 0040, 0070 and 0100 of this template forms a primary key which has to be unique for each row of the template. |
II.9.2 Instructions concerning specific positions
Columns |
Instructions |
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0010-0020 |
User Group entity using payments, custody, settlement, clearing or trade repository services, as reported in Z 01.00 – Organisational structure (ORG). |
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0010 |
Entity Name Name of the entity using payments, custody, settlement, clearing or trade repository services, as reported in Z 01.00 – Organisational structure (ORG). Only entities which are identified as providing critical functions in Z 07.02 shall be reported. |
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0020 |
Code Code of the entity using payments, custody, settlement, clearing or trade repository services, as reported in Z 01.00 – Organisational structure (ORG). |
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0030-0040 |
Critical Function Critical function performed by the entity, the performance of which would be impeded or prevented by the disruption of access to the payments, custody, settlement, clearing or trade repository service. |
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0030 |
Country Country for which the function is critical, as reported in Z 07.01 (FUNC 1). |
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0040 |
ID ID of the critical functions as defined in chapter II.7.1 above and referred to in template Z 07.01 (FUNC 1). |
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0050-0070 |
Financial Market Infrastructure (FMI) Reference: CPMI, Principles for financial market infrastructures A multilateral system among participating financial institutions, including the operator of the system, used for the purposes of recording, clearing or settling payments, securities, derivatives or other financial transactions. |
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0050 |
System Type Report one of the following values:
|
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0060 |
Name Commercial name of the financial market infrastructure When ‘NA’ is reported in column 0050, this column shall be left empty. |
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0070 |
FMI Code The code of the FMI. Where available, the code shall be the 20-digit, alphanumeric LEI code. Where the LEI is not available, a code under a uniform codification applicable in the Union or, if not available, a national code. When ‘NA’ is reported in column 0050, this column shall be left empty. |
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0080 |
Participation Mode Report one of the following values:
|
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0090 |
Name Commercial name of the intermediary when ‘Indirect’ or ‘NA’ is reported in column 0080. When ‘Direct’ is reported in column 0080, ‘NA’ (for Not Applicable) shall be reported. The intermediary may be either part of the group to which the reporting entity belongs or another credit institution not related to that group. An intermediary can be a firm that provides clearing, payments, securities settlement and/or custody services to other firms (especially when ‘NA’ is reported in column 0050); it can be a direct member of one or several FMIs and provide indirect access to the services offered by such FMIs (especially when ‘Indirect’ is reported in column 0080). |
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0100 |
Code The code of the intermediary. Where available, the code shall be the 20-digit, alphanumeric LEI code. Where the LEI is not available, a code under a uniform codification applicable in the Union or, if not available, a national code. When ‘Direct’ is reported in column 0090, ‘NA’ (for Not Applicable) shall be reported. |
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0110 |
Service description Description of the service if the system type reported in column 050 is ‘Other’ or ‘NA’. |
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0120 |
Governing Law ISO 3166-1 alpha-2 identification of the country whose law governs the access to the FMI. In case of direct membership or direct participation, it is the governing law of the contract between the financial market infrastructure and the user which has to be reported. In case of indirect membership or indirect participation, it is the governing law of the contract between the representative institution and the user which has to be reported. |
II.10 Critical information systems
II.10.1 General remarks
57. |
This section consists of the following templates:
|
58. |
A Critical Information System (‘CIS’) shall be understood as an IT application or software which supports a critical service the disruption of which would present a serious impediment to, or prevent, the performance of a critical function. |
59. |
These templates shall be reported for the entire group. |
II.10.2 Z 10.01 – Critical information systems (General information) (CIS 1): Instructions concerning specific positions
60. |
The value reported in column 0010 of this template forms a primary key which has to be unique for each row of the template.
|
II.10.3 Z 10-02 – Mapping of information systems (CIS 2): Instructions concerning specific positions
61. |
The combination of values reported in columns 0010, 0030, 0040, 0050 and 0060 of this template forms a primary key which has to be unique for each row of the template.
|
(1) Commission Implementing Regulation (EU) 2021/451 of 17 December 2020 laying down implementing technical standards for the Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Implementing Regulation (EU) No 680/2014(OJ L 97, 19.3.2021, p. 1–1955).
(2) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).
(3) Detailed information may be found at the following website: www.leiroc.org.
(4) Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 372, 31.12.1986, p. 1).
(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).
(6) 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 (OJ L 176, 27.6.2013, p. 338).
(7) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
(8) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(9) Regulation (EU) 2021/379 of the European Central Bank concerning the balance sheet items of credit institutions and of the monetary financial institutions sector (recast) (OJ L 73, 3.3.2021, p. 16-85).
(10) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
(11) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).
(12) Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
(13) Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).
(14) Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).
(15) Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
(16) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).
(17) Commission Delegated Regulation (EU) 2016/1401 of 23 May 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards for methodologies and principles on the valuation of liabilities arising from derivatives (OJ L 228, 23.8.2016, p. 7).
(18) Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines (OJ L 131, 20.5.2016, p. 41).
(19) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
(20) Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 1).
(21) Regulation (EU) No 1409/2013 of the European Central Bank of 28 November 2013 on payment statistics (OJ L 352, 24.12.2013, p. 18–44).
(22) Guideline of the European Central Bank of 4 April 2014 on monetary and financial statistics (ECB/2014/15) (OJ L 340, 26.11.2014, p. 1–209.