ANNEX ISupplementary provisions
ANNEX I RULES AND GUIDANCE List of templates Part 1 Transposition of Directive 2013/36/EU Part 2 Model approval Part 3 Specialised lending exposures Part 4 Credit risk mitigation Part 5 Specific disclosure requirements applied to institutions Part 6 Waivers for the application of prudential requirements Part 7 Qualifying holdings in a credit institution Part 8 Regulatory and financial reporting PART 1 Transposition of Directive 2013/36/EU Transposition of provisions of Directive 2013/36/EU Provisions of Directive 2013/36/EU National text References Available in EN (Y/N) Date of the last update of information in this template (dd/mm/yyyy) I. Subject matter, scope and definitions Articles 1 to 3 II. Competent authorities Articles 4 to 7 III. Requirements for access to the activity of credit institutions Articles 8 to 27 1. General requirements for access to the activity of credit institutions Articles 8 to 21 2. Qualifying holding in a credit institution Articles 22 to 27 IV. Initial capital of investment firms Articles 28 to 32 V. Provisions concerning the freedom of establishment and the freedom to provide services Articles 33 to 46 1. General principles Articles 33 to 34 2. The right of establishment of credit institutions Articles 35 to 38 3. Exercise of the freedom to provide services Article 39 4. Powers of the competent authorities of the host Member State Articles 40 to 46 VI. Relations with third countries Articles 47 to 48 VII. Prudential supervision Articles 49 to 142 1. Principles of prudential supervision Articles 49 to 72 1.1 Competence and duties of home and host Member States Articles 49 to 52 1.2 Exchange of information and professional secrecy Articles 53 to 62 1.3 Duty of persons responsible for the legal control of annual and consolidated accounts Article 63 1.4 Supervisory powers, powers to impose penalties and right of appeal Articles 64 to 72 2. Review processes Articles 73 to 110 2.1 Internal capital adequacy assessment process Article 73 2.2 Arrangements, processes and mechanisms of institutions Articles 74 to 96 2.3 Supervisory review and evaluation process Articles 97 to 101 2.4 Supervisory measures and powers Articles 102 to 107 2.5 Level of application Articles 108 to 110 3. Supervision on a consolidated basis Articles 111 to 127 3.1 Principles for conducting supervision on a consolidated basis Articles 111 to 118 3.2 Financial holding companies, mixed financial holding companies and mixed-activity holding companies Articles 119 to 127 4. Capital buffers Articles 128 to 142 4.1 Buffers Articles 128 to 134 4.2 Setting and calculating countercyclical capital buffers Articles 135 to 140 4.3 Capital conservation measures Articles 141 to 142 VIII. Disclosure by competent authorities Articles 143 to 144 X. Amendments of Directive 2002/87/EC Article 150 XI. Transitional and final provisions Articles 151 to 165 1. Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services Articles 151 to 159 2. Transitional provisions for capital buffers Article 160 3. Final provisions Articles 161 to 165 PART 2 Model approval Date of the last update of information in this template (dd/mm/yyyy) Supervisory approach for the approval of the use of Internal Ratings Based (IRB) Approach to calculate minimum capital requirements for credit risk Minimum documentation to be provided by the institutions applying for the use of IRB approach [free text] Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site-inspections) and main criteria of the assessment [free text] Form of the decisions taken by the competent authority and communication of the decisions to applicants [free text] Supervisory approach for the approval of the use of Advanced Measurement Approach (AMA) to calculate minimum capital requirements for operational risk Minimum documentation to be provided by the institutions applying for the use of AMA approach [free text] Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site-inspections) and main criteria of the assessment [free text] Form of the decisions taken by the competent authority and communication of the decisions to applicants [free text] PART 3 Specialised lending exposures Regulation (EU) No 575/2013 Provisions Information to be provided by the competent authority Date of the last update of the information in this template (dd/mm/yyyy) Article 153(5) Has the competent authority published guidance to specify how institutions should take into account the factors referred to in paragraph 5 of Article 153 when assigning risk weights to specialised lending exposures? [Yes/No] If so, please provide the reference to the national guidance [reference to national text] Is the national guidance available in English? [Yes/No] PART 4 Credit risk mitigation Regulation (EU) No 575/2013 Provisions Description Information to be provided by the competent authority Date of the last update of the information in this template (dd/mm/yyyy) Article 201(2) Publication of the list of financial institutions that are eligible providers of unfunded credit protection or guiding criteria for identifying these financial institutions Competent authorities shall publish and maintain the list of financial institutions that are eligible providers of unfunded credit protection under point (f) of Article 201(1) of Regulation (EU) No 575/2013 or the guiding criteria for identifying such eligible providers List of the financial institutions or guiding criteria for their identification [free text - a hyperlink to such list or guiding criteria on the competent authority's website can be provided] Description of the applicable prudential requirements Competent authorities shall publish a description of the applicable prudential requirements together with the list of the eligible financial institutions or the guiding criteria for identifying these financial institutions Description of the prudential requirements applied by the competent authority [free text] Article 227(2)(e) Condition for applying a 0 % volatility adjustment Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the transaction is settled in a settlement system proven for that type of transaction Detailed description on how the competent authority considers the settlement system as a proven system [free text] Article 227(2)(f) Condition for applying a 0 % volatility adjustment Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the documentation covering the agreement or transaction is standard market documentation for repurchase transactions or securities lending or borrowing transactions in the securities concerned Specification of the documentation to be considered as standard market documentation [free text] Article 229(1) Valuation principles for immovable property collateral under the IRB approach The immovable property may be valued by an independent valuer at or at less than the mortgage lending value in the Member States that have laid down rigorous criteria for the assessment of this mortgage lending value in statutory or regulatory provisions Criteria set out in the national legislation for the assessment of the mortgage lending value [free text] PART 5 Specific disclosure requirements applied to institutions Directive 2013/36/EU Regulation (EU) No 575/2013 Provision Information to be provided by the competent authority Date of the last update of information in this template (dd/mm/yyyy) Article 106(1)(a) Competent authorities may require institutions to publish information referred to in Part Eight of Regulation (EU) No 575/2013 more than once per year, and to set deadlines for publication Frequency and deadlines for publication applicable to institutions [free text] Article 106(1)(b) Competent authorities may require institutions to use specific media and locations for publications other than the financial statements Types of specific media to be used by institutions [free text] Article 13(1) and (2) Significant subsidiaries and those which are of material significance for their local market shall disclose information specified in Part Eight of Regulation (EU) No 575/2013 on an individual or sub-consolidated basis. Criteria applied by the competent authority to assess the significance of a subsidiary [free text] PART 6 Waivers for the application of prudential requirements Regulation (EU) No 575/2013 Provisions Description Information to be provided by the competent authority Date of the last update of the information in this template (dd/mm/yyyy) Article 7(1) and (2) (Individual waivers for subsidiaries) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The waiver may be granted to any subsidiary provided that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities by its parent undertaking pursuant to point (a) of Article 7(1). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text] Article 7(3) (Individual waivers for parent institutions) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The waiver may be granted to a parent institution provided that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities to the parent institution pursuant to point (a) of Article 7(3). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text] Article 9(1) (Individual consolidation method) Permission granted to parent institutions to incorporate subsidiaries in the calculation of their prudential requirements set out in Parts Two to Five and Eight of Regulation (EU) No 575/2013 The permission is granted only where the parent institution demonstrates fully to the competent authorities that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds, or repayment of liabilities when due by the subsidiary incorporated in the calculation of requirements to its parent institution pursuant to Article 9(2). Criteria applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities [free text] Article 8 (Liquidity waivers for subsidiaries) Exemption from the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 The waiver may be granted to institutions within a sub-group provided that these institutions have entered into contracts that, to the satisfaction of the competent authorities, provide for the free movement of funds between them to enable them to meet their individual and joint obligations as they become due pursuant to point (c) of Article 8(1). Criteria applied by the competent authority to assess whether the contracts provide for free movement of funds between the institutions in a liquidity sub-group [free text] Article 10 (Credit institutions permanently affiliated to a central body) Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 Member States may maintain and make use of existing national legislation regarding the application of the waiver as long as it does not conflict with the Regulation (EU) No 575/2013 or Directive 2013/36/EU Applicable national law / regulation regarding the application of the waiver [reference to national text] For competent authorities granting no waiver or permission the cells shall be put in orange PART 7 Qualifying holdings in a credit institution Directive 2013/36/EU Assessment criteria and information that is necessary for assessing the suitability of the proposed acquirer seeking to acquire a credit institution and the financial soundness of the proposed acquisition Information to be provided by the competent authority Date of the last update of information in this template (dd/mm/yyyy) Article 23(1)(a) Reputation of the proposed acquirer Description on how the competent authority assesses the integrity of the proposed acquirer [free text] Description on how the competent authority assesses the professional competence of the proposed acquirer [free text] Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text] Article 23(1)(b) Reputation, knowledge, skills and experience of any member of the management body or senior management who will direct the business of the credit institution Description on how the competent authority assesses the reputation, knowledge, skills and experience of members of management body and senior managers [free text] Article 23(1)(c) Financial soundness of the proposed acquirer Description on how the competent authority assesses the financial soundness of the proposed acquirer [free text] Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text] Article 23(1)(d) Compliance of the credit institution with the prudential requirements Description on how the competent authority assesses whether or not the credit institution will be able to comply with the prudential requirements [free text] Article 23(1)(e) Suspicion of money laundering or terrorist financing Description on how the competent authority assesses whether or not there are reasonable grounds to suspect money laundering or terrorist financing [free text] Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU [free text] Article 23(4) List specifying the information to be provided to the competent authorities at the time of notification List of information that must be provided by the proposed acquirer at the time of notification in order for the competent authority to carry out the assessment of the proposed acquirer and the proposed acquisition [free text] PART 8 Regulatory and financial reporting Date of the last update of information in this template (dd/mm/yyyy) Implementation of the reporting on financial information in accordance with the Commission Implementing Regulation (EC) No 650/2014 Is the application of the requirement set out in Article 99(2) of Regulation (EU) No 575/2013 extended to institutions which do not apply international accounting standards as applicable under Regulation (EC) No 1606/2002? [Yes/No] If so, what accounting framework s apply to these institutions? [free text] If so, which is the level of application of the reporting? (solo/consolidated/sub-consolidated basis) [free text] Is the application of requirements set out in Article 99(2) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms? [Yes/No] If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements? [free text] If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)? [free text] Are XBRL standards used for submitting the reporting to the competent authority? [Yes/No] Implementation of the reporting on own funds and own funds requirements in accordance with the Commission Implementing Regulation (EC) No 650/2014 Is the application of requirements set out in Article 99(1) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms? [Yes/No] If so, what accounting frameworks apply to these financial entities? [free text] If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements? [free text] If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)? [free text] Are XBRL standards used for submitting the reporting to the competent authority? [Yes/No]