Commission Delegated Regulation (EU) 2024/895 of 13 December 2023 amending Delegated Regulation (EU) 2015/63 as regards the calculation of eligible liabilities and the transitional regime

Amendments to Delegated Regulation (EU) 2015/63

Article 1

Delegated Regulation (EU) 2015/63 is amended as follows: (1) in Article 3, point (17) is replaced by the following: ‘(17) “eligible liabilities” means eligible liabilities as defined in Article 2(1), point (71a), of Directive 2014/59/EU;’; (2) in Article 8, paragraph 2 is replaced by the following: ‘2.   Where the competent authority has fully waived the application of capital requirements to an institution at individual level pursuant to Article 7(1) of Regulation (EU) No 575/2013 and the resolution authority has also fully waived the application at individual level to the same institution of the MREL in accordance with Article 45f(3) or (4), or with Article 45g of Directive 2014/59/EU, the indicator referred to in Article 6(2), point (a), of this Regulation may be calculated at consolidated level. The score obtained by that indicator at consolidated level shall be attributed to each institution which is part of the group for calculating that institution’s risk indicator.’ ; (3) in Article 20, paragraph 5 is replaced by the following: ‘5.   Without prejudice to Article 10 of this Regulation, during the initial period referred to in Article 102(1) of Directive 2014/59/EU, Member States may allow institutions whose total assets are equal to or less than EUR 3 000 000 000 to pay a lump-sum of EUR 50 000 for the first EUR 300 000 000 of total liabilities, less own funds and covered deposits. For the total liabilities less own funds and covered deposits above EUR 300 000 000, those institutions shall contribute in accordance with Articles 4 to 9 of this Regulation.’ ; (4) in Article 20, the following paragraphs 8 and 9 are added: ‘8.   By way of derogation from Article 13(1), in the 2024 contribution period the resolution authorities shall notify each institution referred to in Article 2 of their decisions determining the annual contribution due by each institution by 31 May 2024. 9.   By way of derogation from Article 14(4), and with regard to the information to be provided to the resolution authority in 2023, the information referred to in that paragraph shall be provided at the latest by 29 February 2024.’ ; (5) Annex I is amended in accordance with the Annex to this Regulation.

Entry into force and application

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from the day following that of its publication, with the exception of Article 1(3) and (4), which shall apply from 1 December 2023.

ANNEXSupplementary provisions

ANNEX ‘ANNEX I PROCEDURE FOR THE CALCULATION OF THE ANNUAL CONTRIBUTIONS OF INSTITUTIONS STEP 1 Calculation of the Raw Indicators The resolution authority shall calculate the following indicators by applying the following measures: Pillar Indicator Measures Risk exposure Own funds and eligible liabilities held by the institution in excess of MREL Where, for the purpose of this indicator: Own funds shall mean the sum of Tier 1 and Tier 2 Capital in accordance with the definition in Article 4(1), point (118), of Regulation (EU) No 575/2013. Eligible liabilities are the sum of the liabilities referred to in Article 2(1), point (71a), of Directive 2014/59/EU. Total liabilities mean total liabilities as defined in Article 3(11) of this Regulation. Derivative liabilities shall be included in the total liabilities on the basis that full recognition is given to counterparty netting rights. MREL shall mean the minimum requirement for own funds and eligible liabilities as defined in Article 45(1) of Directive 2014/59/EU. This indicator shall be calculated using the higher value of MREL choosing between the MREL value calculated on the basis of a percentage of the total risk exposure amount of the entity concerned pursuant to Article 45(2), point (a), of Directive 2014/59/EU, and the MREL value calculated on the basis of a percentage of the total exposure measure of the entity concerned pursuant to Article 45(2), point (b), of Directive 2014/59/EU. Risk exposure Leverage Ratio Leverage Ratio as defined in Article 429 of Regulation (EU) No 575/2013 and reported in accordance with Annex X to Implementing Regulation (EU) No 680/2014. Risk exposure Common Equity Tier 1 Capital Ratio Common Equity Tier 1 Capital Ratio as defined in Article 92 of Regulation (EU) No 575/2013 and reported in accordance with Annex I to Implementing Regulation (EU) No 680/2014. Risk exposure TRE/Total Assets where: TRE means the total risk exposure amount as defined in Article 92(3) of Regulation (EU) No 575/2013. Total assets are defined in Article 3(12) of this Regulation. Stability and Variety of Funding Net Stable Funding Ratio Net Stable Funding Ratio as reported in accordance with Article 415 of Regulation (EU) No 575/2013. Stability and Variety of Funding Liquidity Coverage Ratio Liquidity Coverage Ratio as reported in accordance with Article 415 of Regulation (EU) No 575/2013 and with the Delegated Regulation (EU) 2015/61. Importance of an institution to the stability of the financial system or economy Share of interbank loans and deposits in the EU where: Interbank loans are defined as the sum of the carrying amounts of loans and advances to credit institutions and other financial corporations as determined for the purpose of template number 4.1, 4.2, 4.3 and 4.4 of Annex III to Implementing Regulation (EU) No 680/2014. Interbank deposits are defined as the carrying amount of the deposits of credit institutions and other financial corporations as determined for the purpose of template number 8.1 of Annex III to Implementing Regulation (EU) No 680/2014. Total interbank loans and deposits in the EU are the sum of the aggregate interbank loans and deposits held by institutions in each Member State as calculated in accordance with Article 15. ’.