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 (Text with EEA relevance)
EU Regulation 2018/1624 · Adopted 23 October 2018 · Extends to United Kingdom
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
(Text with EEA relevance)
C1C2THE 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 Councilf1, and in particular Article 11(3) thereof,
Whereas:
(1)
Commission Implementing Regulation (EU) 2016/1066f2 specifies the procedure and introduces a minimum set of templates for the provision of information to resolution authorities by credit institutions or investment firms (‘institutions’) for the purpose of drawing up and implementing resolution plans for institutions. Since the adoption of Implementing Regulation (EU) 2016/1066, resolution authorities have gained experience in the area of resolution planning. In light of that experience, it is necessary to update the minimum set of templates for the collection of information for resolution planning purposes.
(2)
Implementing Regulation (EU) 2016/1066 also aims to design the procedure and the minimum set of templates for the provision of information to resolution authorities by institutions in a way that enables the resolution authorities to collect that information in a consistent manner across the Union and to facilitate the exchange of information among the relevant authorities. However, experience has shown that a harmonised approach to the collection of that information has only been partially achieved. It is therefore necessary to ensure that resolution authorities collect a minimum core of information relating to an institution or group across the Union on a regular basis. This does not prevent the resolution authority from collecting any additional information they deem necessary to draw up and implement resolution plans or to determine, as set out in Article 4 of Directive 2014/59/EU, simplified information obligations.
(3)
In order to ensure that resolution plans are based on a minimum set of data of consistently high quality and precision, the data items set out in the reporting templates introduced by Implementing Regulation (EU) 2016/1066 should be transformed into a single data point model, as is the practice in supervisory reporting. The single data point model should consist of a structural representation of the data items, and identify all relevant business concepts for the purpose of uniform reporting for resolution planning and should contain all of the relevant specifications necessary for further developing uniform IT reporting solutions.
(4)
In order to safeguard the quality, consistency and accuracy of data items reported by institutions, the data items should be subject to common validation rules.
(5)
Due to their very nature, validation rules and data point definitions are updated regularly in order to ensure they comply, at all times, with applicable regulatory, analytical and information technology requirements. However, the time presently required to adopt and publish the detailed single data point model and validation rules means that it is not possible to carry out modifications in a sufficiently rapid and timely manner that would ensure permanent provision of uniform information regarding resolution plans in the Union. Therefore, stringent qualitative criteria should be established for the detailed single data point model and the detailed common validation rules which will be published electronically by the European Banking Authority (EBA) on its website.
(6)
In accordance with Article 11(2) of Directive 2014/59/EU, competent and resolution authorities should cooperate in order to minimise duplicated information requirements. For that purpose, Implementing Regulation (EU) 2016/1066 introduces a cooperation procedure between competent and resolution authorities, which should be maintained so that competent and resolution authorities jointly verify whether some or all of the requested information is already available to the competent authority. Where the information is available to the competent authority, it is appropriate that it transmits it to the resolution authority directly.
(7)
Given the extent of the necessary amendments to Implementing Regulation (EU) 2016/1066, it is preferable, for reasons of legal certainty and clarity, to adopt a new Implementing Regulation and, therefore, to repeal Implementing Regulation (EU) 2016/1066.
(8)
This Regulation is based on the implementing technical standards submitted by the EBA to the Commission.
(9)
The EBA has conducted open public consultations on the implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Councilf3,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Modifications
- C1
The “appropriate regulator” has power to make such provision as they consider appropriate by means of an instrument in writing to prevent, remedy or mitigate any failure of the provisions of this Regulation to operate effectively or any other deficiency arising from the withdrawal of the United Kingdom from the EU, see The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 3 para. 113A (as amended by The Financial Regulators’ Powers (Technical Standards etc.) and Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/576), regs. 1(2), 2(5)) (with saving on IP completion day by S.I. 2018/680. regs. 1(2), 11; 2020 c. 1, Sch. 5 para. 1(1))
- C2
Regulation: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 3; S.I. 2023/779, reg. 2(d)
Footnotes
- f1
- f2
Commission Implementing Regulation (EU) 2016/1066 of 17 June 2016 laying down implementing technical standards with regard to procedures, standard forms and templates for the provision of information for the purpose of resolution plans for credit institutions and investment firms pursuant to Directive 2014/59/EU of the European Parliament and of the Council (OJ L 181, 6.7.2016, p. 1).
- f3
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).
Contents
- 1Subject matter
- 2Definitions
- 3Provision of core information for the purpose of individual and group resolution plans
- 4Level of consolidation of information
- 5Frequency, reference dates and remittance dates
- 6Format for the submission of information
- 7Provision of additional information for the purpose of individual or group resolution plans
- 8Cooperation between competent and resolution authorities
- 9Transition period
- 10Repeal
- 11Entry into force
- Signature
- Annex IAnnex I
- Annex II: Instructions
- General instructions
- Structure
- 1The framework consists of 15 templates, organised in 3 blocks:
- References
- 2For the purposes of this Annex, the following abbreviations shall apply:
- Accounting standards
- 3Division 3
- 4Division 4
- Scope of consolidation
- 5This framework refers, depending on the template, to:
- 6Division 6
- Numbering and other conventions
- 7Division 7
- 8Division 8
- 9Division 9
- 10Division 10
- 11Division 11
- 12Division 12
- 13Division 13
- Template-related instructions
- Z 01.00 — Organisational structure (ORG)
- General remarks
- 14Division 14
- II.1.2Instructions concerning specific positions
- Z 02.00 — Liability Structure (LIAB)
- General remarks
- 15Division 15
- 16Division 16
- 17Division 17
- 18Division 18
- II.2.2Instructions concerning specific positions
- Z 03.00 — Own funds requirements (OWN)
- General remarks
- 19Division 19
- 20Division 20
- 21Division 21
- 22Division 22
- II.3.2Instructions concerning specific positions
- Z 04.00 — Intragroup financial interconnections (IFC)
- General remarks
- 23Division 23
- 24Division 24
- 25Division 25
- II.4.2Instructions concerning specific positions
- Z 05.01 and Z 05.02 — Major Counterparties (MCP)
- General remarks
- 26Division 26
- 27Division 27
- II.5.2Z 05.01 – Major liabilities counterparties — Instructions concerning specific positions
- 28Division 28
- II.5.3Z 05.02 – Major off-balance sheet counterparties: Instructions concerning specific positions
- 29Division 29
- Z 06.00 — Deposit insurance (DIS)
- General remarks
- 30Division 30
- 31Division 31
- II.6.2Instructions concerning specific positions
- Critical functions and core business lines
- II.7.1General remarks
- 32Division 32
- 33Division 33
- 34Division 34
- 35Division 35
- 36Division 36
- 37Division 37
- 38Division 38
- 39Pursuant to Article 6(1) of Commission Regulation (EU) 2016/778, a function shall be considered critical, when it meets both of the following:
- 40Division 40
- 41Division 41
- 42Division 42
- 43Division 43
- II.7.2Z 07.01 — Criticality assessment of economic functions (FUNC 1): Instructions concerning specific positions
- 44Division 44
- 45Division 45
- II.7.3Z 07.02 — Mapping of critical functions by legal entity (FUNC 2): Instructions concerning specific positions
- 46Division 46
- 47Division 47
- II.7.4Z 07.03 — Mapping of Core Business Lines to legal entities (FUNC 3): Instructions concerning specific positions
- 48Division 48
- 49Division 49
- II.7.5Z 07.04 — Mapping of critical functions to core business lines (FUNC 4): Instructions concerning specific positions
- 50Division 50
- 51Division 51
- Z 08.00 — Critical services (SERV)
- General instructions
- 52Division 52
- 53Division 53
- 54Division 54
- 55Division 55
- 56Division 56
- II.8.2Instructions concerning specific positions
- Z 09.00 — FMI Services — Providers and Users — Mapping to Critical Functions
- General remarks
- 57Division 57
- 58Division 58
- 59Division 59
- II.9.2Instructions concerning specific positions
- Critical information systems
- General remarks
- 60This section consists of the following templates:
- 61Division 61
- 62Division 62
- II.10.2Z 10.01 — Critical Information systems (General information) (CIS 1): Instructions concerning specific positions
- 63Division 63
- II.10.3Z 10-02 — Mapping of information systems (CIS 2): Instructions concerning specific positions
- 64Division 64
- Annex IIISingle data point model
- Annex IVValidation rules