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Commission Implementing Regulation (EU) 2024/796 of 4 March 2024 amending the implementing technical standards laid down in Implementing Regulation (EU) No 650/2014 as regards the information to be disclosed by competent authorities in accordance with Directive 2013/36/EU of the European Parliament and of the Council

C/2024/1282

OJ L, 2024/796, 8.3.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/796/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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ELI: http://data.europa.eu/eli/reg_impl/2024/796/oj

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Official Journal
of the European Union

Series L

2024/796

8.3.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/796

of 4 March 2024

amending the implementing technical standards laid down in Implementing Regulation (EU) No 650/2014 as regards the information to be disclosed by competent authorities in accordance with Directive 2013/36/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 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, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (1), and in particular Article 143(3) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) No 650/2014 (2) specifies the format, structure, contents list, and annual publication date of the information to be published by competent authorities pursuant to Article 143 of Directive 2013/36/EU. Article 5 of that Implementing Regulation requires competent authorities to update the information referred to in Article 143(1), points (a), (b) and (c), of that Directive regularly, and by 31 July of each year, unless there is no change in the information published.

(2)

Commission Implementing Regulation (EU) 2022/389 (3) specifies the format, structure, content lists and annual publication date of the information to be disclosed by competent authorities pursuant to Article 57 of Directive (EU) 2019/2034 of the European Parliament and of the Council (4). Article 5 of that Implementing Regulation requires competent authorities to update the information referred to in Article 57(1), points (a), (b) and (c), of Directive (EU) 2019/2034 regularly, and by 30 June of each year, unless there is no change in the information published.

(3)

To address issues raised in relation to the provisions of Directive 2013/36/EU that proved not to be sufficiently clear and have therefore been subject to divergent interpretations or that have been found to be overly burdensome for certain institutions, Directive 2013/36/EU was amended by Directive (EU) 2019/878 of the European Parliament and of the Council (5). It is necessary to reflect those amendments to Directive 2013/36/EU in Implementing Regulation (EU) No 650/2014.

(4)

Directive (EU) 2019/2034 now contains the prudential arrangements at Union level for the investment firms referred to in Article 1(2) and (5) of Regulation (EU) 2019/2033 of the European Parliament and of the Council (6), rather than the prudential arrangements referred to in Directive 2013/36/EU. It follows that Implementing Regulation (EU) 2022/389 now specifies the information that competent authorities are to publish about those investment firms. It is therefore no longer Implementing Regulation (EU) No 650/2014 that should require competent authorities to publish information about those investment firms.

(5)	Implementing Regulation (EU) No 650/2014 should therefore be amended accordingly.

(6)	This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).

(7)

The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and 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 (7),

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 650/2014 is amended as follows:

(1)

in Article 5, the second and third subparagraphs are replaced by the following:

‘Competent authorities shall update the information referred to in Article 143(1), point (d), of that Directive by 30 June of each year. That information shall cover the preceding calendar year.

Competent authorities shall, for the institutions subject to their prudential supervision, update the information referred to in Article 143(1), points (a) to (c), of that Directive on a regular basis, and in any event by 30 June of each year, unless there is no change in the information last published.’;

(2)	Annex I is replaced by the text in Annex I to this Regulation;

(3)	Annex II is replaced by the text in Annex II to this Regulation;

(4)	Annex III is replaced by the text in Annex III to this Regulation;

(5)	Annex IV is replaced by the text in Annex IV 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 the Member States in accordance with the Treaties.

Done at Brussels, 4 March 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 176, 27.6.2013, p. 338.

(2) Commission Implementing Regulation (EU) No 650/2014 of 4 June 2014 laying down implementing technical standards with regard to the format, structure, contents list and annual publication date of the information to be disclosed by competent authorities in accordance with Directive 2013/36/EU of the European Parliament and of the Council (OJ L 185, 25.6.2014, p. 1).

(3) Commission Implementing Regulation (EU) 2022/389 of 8 March 2022 laying down implementing technical standards for the application of Directive (EU) 2019/2034 of the European Parliament and of the Council with regard to the format, structure, content lists and annual publication date of the information to be disclosed by competent authorities (OJ L 79, 9.3.2022, p. 4).

(4) Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64).

(5) Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures (OJ L 150, 7.6.2019, p. 253).

(6) Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1).

(7) 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

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

Links to national text (1)

Reference(s) to national provisions (2)

Available in EN (Y/N)

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

I.	Subject matter, scope and definitions

Articles 1 to 3

030

II.	Competent authorities

Articles 4 to 7

040

III.	Requirements for access to the activity of credit institutions

Articles 8 to 27

050

1.	General requirements for access to the activity of credit institutions

Articles 8 to 21b

060

2.	Qualifying holding in a credit institution

Articles 22 to 27

080

V.	Provisions concerning the freedom of establishment and the freedom to provide services

Articles 33 to 46

090

1.	General principles

Articles 33 to 34

100

2.	The right of establishment of credit institutions

Articles 35 to 38

110

3.	Exercise of the freedom to provide services

Article 39

120

4.	Powers of the competent authorities of the host Member State

Articles 40 to 46

130

VI.	Relations with third countries

Articles 47 to 48

140

VII.	Prudential supervision

Articles 49 to 142

150

1.	Principles of prudential supervision

Articles 49 to 72

160

1.1	Competence and duties of home and host Member States

Articles 49 to 52

170

1.2	Exchange of information and professional secrecy

Articles 53 to 62

180

1.3	Duty of persons responsible for the legal control of annual and consolidated accounts

Article 63

190

1.4	Supervisory powers, powers to impose penalties and right of appeal

Articles 64 to 72

200

2.	Review processes

Articles 73 to 110

210

2.1	Internal capital adequacy assessment process

Article 73

220

2.2	Arrangements, processes and mechanisms of institutions

Articles 74 to 96

230

2.3	Supervisory review and evaluation process

Articles 97 to 101

240

2.4	Supervisory measures and powers

Articles 102 to 107

250

2.5	Level of application

Articles 108 to 110

260

3.	Supervision on a consolidated basis

Articles 111 to 127

270

3.1	Principles for conducting supervision on a consolidated basis

Articles 111 to 118

280

3.2	Financial holding companies, mixed financial holding companies and mixed-activity holding companies

Articles 119 to 127

290

4.	Capital buffers

Articles 128 to 142

300

4.1

Buffers

Articles 128 to 134

310

4.2	Setting and calculating countercyclical capital buffers

Articles 135 to 140

320

4.3	Capital conservation measures

Articles 141 to 142

330

VIII.

Disclosure by competent authorities

Articles 143 to 144

340

IX.	Amendments of Directive 2002/87/EC

Article 150

350

X.	Transitional and final provisions

Articles 151 to 165

360

1.	Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services

Articles 151 to 159

361

1a.	Transitional provisions on financial holding companies and mixed financial holding companies

Article 159a

370

1.	Transitional provisions for capital buffers

Article 160

380

2.	Final provisions

Articles 161 to 165

Part 2

Model approval

010	Date of the last update of information in this template	(dd/mm/yyyy)
		Description of the approach
	Supervisory approach for the approval of the use of Internal Ratings Based (IRB) Approach to calculate minimum capital requirements for credit risk
020	Minimum documentation to be provided by the institutions applying for the use of IRB approach	[free text]
030	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]
040	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 Internal Model Approach (IMA) to calculate minimum capital requirements for market risk
050	Minimum documentation to be provided by the institutions applying for the use of IMA approach	[free text]
060	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]
070	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 Internal Model Method (IMM) to calculate minimum capital requirements for counterparty credit risk
080	Minimum documentation to be provided by the institutions applying for the use of IMM approach	[free text]
090	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]
100	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
110	Minimum documentation to be provided by the institutions applying for the use of AMA approach	[free text]
120	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]
130	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
010	Date of the last update of the information in this template		(dd/mm/yyyy)
020	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]
030		If so, please provide the reference to the national guidance	[reference to national text]
040		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
010	Date of the last update of the information in this template				(dd/mm/yyyy)
020	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]
030	Article 201(2)	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]
040	Article 227(2), point (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]
050	Article 227(2), point (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]
060	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
010	Date of the last update of information in this template				(dd/mm/yyyy)
020	Article 106(1), point (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]
030	Article 106(1), point (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]

Part 6

Waivers for the application of prudential requirements

	Regulation (EU) No 575/2013	Provisions	Description	Information to be provided by the competent authority
010	Date of the last update of the information in this template				(dd/mm/yyyy)
020	Article 7(1) and (2) (Individual waivers for subsidiaries)	Waiver of the application on an individual basis of prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402	The waiver may be granted to any subsidiary of an institution, where both the subsidiary and the institution are subject to authorisation and supervision by the Member State concerned, and the subsidiary is included in the supervision on a consolidated basis of the institution which is the parent undertaking, and all conditions in letters (a) to (d) of Article 7(1) are satisfied.	Criteria to be applied by the competent authority to assess that the conditions in letters (a) to (d) of Article 7(1) are met.	[free text]
030	Article 7(3) (Individual waivers for parent institutions)	Waiver of the application on an individual basis of prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402	The waiver may be granted to a parent institution in a Member State where that institution is subject to authorisation and supervision by the Member State concerned, and it is included in the supervision on a consolidated basis, provided that the conditions set out in points (a) and (b) of Article 7(3) are satisfied.	Criteria to be applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities and that the risk evaluation, measurement and control procedures relevant for consolidated supervision cover the parent institution in a Member State.	[free text]
040	Article 8(1) and (2) (Liquidity waivers for subsidiaries)	Waiver of the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 where all conditions in letters (a) to (d) of Article 8(1) are satisfied	The waiver may be granted to institutions within a sub-group provided that these institutions satisfy the conditions laid down in letters (a) to (d) of Article 8(1). Among these the requirement that they 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 to be applied by the competent authority to assess whether the conditions in letters (a) to (d) of Article 8(1) are met.	[free text]
	Article 8(3) (Cross-border liquidity waivers)	Waiver of the application of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 where institutions of the single liquidity sub-group are authorised in several member States.	The waiver may be granted to the institutions within the single sub-group whose competent authorities agree on the elements set out in letters (a) to (f) of Article 8(3) and after following the procedure set out in Article 21.	Criteria to be applied by the competent authority to assess whether the elements set out in letters (a) to (f) of Article 8(3) are met.	[free text]
050	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, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402	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 to be 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]
060	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 and Chapter 2 of Regulation (EU) 2017/2402	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]

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
010	Date of the last update of information in this template			(dd/mm/yyyy)
020	Article 23(1), point (a)	Reputation of the proposed acquirer	Description on how the competent authority assesses the integrity of the proposed acquirer	[free text]
030			Description on how the competent authority assesses the professional competence of the proposed acquirer	[free text]
040			Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU	[free text]
050	Article 23(1), point (b)	Reputation, knowledge, skills and experience of any member of the management body 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	[free text]
060	Article 23(1), point (c)	Financial soundness of the proposed acquirer	Description on how the competent authority assesses the financial soundness of the proposed acquirer	[free text]
070	Article 23(1), point (c)	Financial soundness of the proposed acquirer	Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU	[free text]
080	Article 23(1), point (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]
090	Article 23(1), point (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]
100	Article 23(1), point (e)	Suspicion of money laundering or terrorist financing	Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU	[free text]
110	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

010	Date of the last update of information in this template	(dd/mm/yyyy)
020	Implementation of the reporting on financial information in accordance with the Commission Implementing Regulation (EU) 2021/451
030	Is the application of the requirement set out in Article 430(3) 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]
040	If so, what accounting frameworks apply to these institutions?	[free text]
050	If so, which is the level of application of the reporting? (solo/consolidated/sub-consolidated basis)	[free text]
060	Is the application of requirement set out in Article 430(3) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms?	[Yes/No]
070	If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements?	[free text]
080	If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)?	[free text]
090	Are XBRL standards used for submitting the reporting to the competent authority?	[Yes/No]
100	Implementation of the reporting on own funds and own funds requirements in accordance with Commission Implementing Regulation (EU) 2021/451
110	Is the application of requirements set out in Article 430(1), point (a) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms?	[Yes/No]
120	If so, what accounting frameworks apply to these financial entities?	[free text]
130	If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements?	[free text]
140	If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)?	[free text]
150	Are XBRL standards used for submitting the reporting to the competent authority?	[Yes/No]

(1) Hyperlink(s) to the website containing the national text transposing the Union provision in question.

(2) Detailed references to the national provisions, such as relevant Title, Chapter, paragraph, etc.

ANNEX II

Options and discretions

List of templates

Part 1

Options and discretions set out in Directive 2013/36/EU, Regulation (EU) No 575/2013 and LCR Delegated Regulation (EU) 2015/61

Part 2

Transitional options and discretions set out in Directive 2013/36/EU and Regulation (EU) No 575/2013

Part 3

Variable elements of remuneration (Article 94 of Directive 2013/36/EU)

Part 1

Options and discretions set out in Directive 2013/36/EU, Regulation (EU) No 575/2013 and LCR Delegated Regulation (EU) 2015/61

Directive 2013/36/EU

Regulation (EU) No 575/2013

LCR Delegated Regulation (EU) 2015/61

Addressee

Denomination

Description of the option or discretion

Exercised (Y/N/NA) (1)

National text (2)

Reference(s) (3)

Available in EN (Y/N)

Details / Comments

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Article 9(2)

Member States

Exception to the prohibition against persons or undertakings other than credit institutions from taking deposits or other repayable funds from the public

The prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the public shall not apply to a Member State, a Member State's regional or local authorities, a public international bodies of which one or more Member States are members, or to cases expressly covered by national or union law, provided that those activities are subject to regulations and controls intended to protect depositors and investors.

[Y/N/NA]

Mandatory if Y

030

Article 12(3)

Member States

Initial capital

Member States may decide that credit institutions which do not fulfil the requirements to hold separate own funds and which were in existence on 15 December 1979 may continue to carry out their business.

[Y/N/NA]

Mandatory if Y

040

Article 12(3)

Member States

Initial capital

Credit Institutions for which Member States have decided that they can continue to carry out their business according to Article 12(3) of Directive 2013/36/EU may be exempted by MS from complying with the requirements contained in the first subparagraph of Article 13(1) of Directive 2013/36/EU.

[Y/N/NA]

Mandatory if Y

050

Article 12(4)

Member States

Initial capital

Member States may grant authorisation to particular categories of credit institutions the initial capital of which is less that EUR 5 million, provided that the initial capital is not less than EUR 1 million and the Member State concerned notifies the Commission and EBA of its reasons for exercising that option.

[Y/N/NA]

Mandatory if Y

060

Article 21(1)

Competent Authorities

Exemptions for credit institutions permanently affiliated to a central body

Competent authorities may exempt with regard to credit institutions permanently affiliated to a central body from the requirements set out in Articles 10, 12 and 13(1) of Directive 2013/36/EU.

[Y/N/NA]

Mandatory if Y

090

Article 40

Competent Authorities

Reporting requirements to host competent authorities

The competent authorities of host Member States may, for information, statistical or supervisory purposes, require that all credit institutions having branches within their territories shall report to them periodically on their activities in those host Member States, in particular to assess whether a branch is significant in accordance with Article 51(1) of Directive 2013/36/EU.

[Y/N/NA]

Mandatory if Y

121

Article 133(1)

Member States

Requirement to maintain a systemic risk buffer

Member States may introduce a systemic risk buffer of Common Equity Tier 1 capital for the financial sector or one or more subsets of that sector on all or a subset of exposures.

[Y/N/NA]

Mandatory if Y

130

Article 134(1)

Member States

Recognition of a systemic risk buffer rate

Other Member States may recognise the systemic risk buffer rate set according to Article 133 and may apply that buffer rate to domestically authorised institutions for the exposures located in the Member State setting that buffer rate.

[Y/N/NA]

Mandatory if Y

140

Article 152 first paragraph

Member States

Reporting requirements to host competent authorities

The competent authorities of host Member States may, for statistical purposes, require that all credit institutions having branches within their territories shall report to them periodically on their activities in those host Member States.

[Y/N/NA]

Mandatory if Y

150

Article 152 second paragraph

Member States

Reporting requirements to host competent authorities

Host Member States may require that branches of credit institutions from other Member States provide the same information as they require from national credit institutions for that purpose.

[Y/N/NA]

Mandatory if Y

155

Article 131(5)

Competent Authorities

Buffers

The competent authority or the designated authority may require each O-SII, on a consolidated, sub-consolidated or individual basis, as applicable, to maintain an O-SII buffer of up to 3 % of the total risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013, taking into account the criteria for the identification of the O-SII. That buffer shall consist of Common Equity Tier 1 capital.

[Y/N/NA]

Mandatory if Y

156

Article 160(6)

Competent Authorities

Transitional provisions for capital buffers

Member States may impose a shorter transitional period for capital buffers than that specified in paragraphs 1 to 4 of Article 160. Such a shorter transitional period may be recognised by other Member States.

[Y/N/NA]

Mandatory if Y

165

Article 4(1)(145), point (b)

Member States

Classification of small and non-complex institutions

Member States may lower the threshold of EUR 5 billion for the average over the four-year period immediately preceding the current annual reporting period of total value of institutions assets on an individual basis or, where applicable, on a consolidated basis in accordance with Regulation (EU) No 575/2013 and Directive 2013/36/EU.

[Y/N/NA]

Mandatory if Y

170

Article 4(2)

Member States or Competent Authorities

Treatment of indirect holdings in real estate

Member States or their competent authorities may allow shares constituting an equivalent indirect holding of immovable property to be treated as a direct holding of immovable property provided that such indirect holding is specifically regulated in the national law of the Member State and, when pledged as collateral, provides equivalent protection to creditors.

[Y/N/NA]

Mandatory if Y

190

Article 24(2)

Competent Authorities

Reporting and the compulsory use of IFRS

Competent authorities may require that institutions effect the valuation of assets and off-balance sheet items and the determination of own funds in accordance with International Accounting Standards as applicable under Regulation (EC) No 1606/2002).

[Y/N/NA]

Mandatory if Y

200

Article 89(3)

Competent Authorities

Risk weighting and prohibition of qualifying holdings outside the financial sector

Competent authorities apply the following requirements to qualifying holdings of institutions referred to in paragraphs 1 and 2:

for the purpose of calculating the capital requirement in accordance with Part Three of this Regulation, institutions shall apply a risk weight of 1 250 % to the greater of the following:

(i)	the amount of qualifying holdings referred to in paragraph 1 in excess of 15 % of eligible capital;

(ii)	the total amount of qualifying holdings referred to in paragraph 2 that exceed 60 % of the eligible capital of the institution.

[Y/N/NA]

Mandatory if Y

201

Article 89(3)

Competent Authorities

Risk weighting and prohibition of qualifying holdings outside the financial sector

Competent authorities apply the following requirements to qualifying holdings of institutions referred to in paragraphs 1 and 2: the competent authorities shall prohibit institutions from having qualifying holdings referred to in paragraphs 1 and 2 the amount of which exceeds the percentages of eligible capital laid down in those paragraphs.

[Y/N/NA]

Mandatory if Y

220

Article 430(4)

Competent Authorities

Reporting on own funds requirements and financial information

Competent authorities may require credit institutions that determine their own funds on a consolidated basis in accordance with international accounting standards pursuant to Article 24(2) to report financial information in accordance with this Article.

[Y/N/NA]

Mandatory if Y

230

Article 124(2)

Competent or Designated Authorities

Risk weights and criteria applied to exposures secured by mortgages on immovable property

The authority designated in accordance with paragraph 1a of this Article may increase the risk weights applicable to those exposures within the ranges determined in the fourth subparagraph of this paragraph or impose stricter criteria than those set out in Article 125(2) or 126(2).

[Y/N/NA]

Mandatory if Y

240

Article 129(1)

Competent Authorities

Exposures in the form of covered bonds

The competent authorities may, after consulting EBA, partly waive the application of point (c) of the first subparagraph and allow credit quality step 2 for up to 10 % of the total exposure of the nominal amount of outstanding covered bonds of the issuing institution, provided that significant potential concentration problems in the Member States concerned can be documented due to the application of the credit quality step 1 requirement referred to in that point.

[Y/N/NA]

Mandatory if Y

241

Article 129(1a), point (c)

Competent Authorities

Exposures to credit institutions that qualify for credit quality step 3 in the form of derivative contracts

The competent authorities designated pursuant to Article 18(2) of Directive (EU) 2019/2162 may, after consulting EBA, allow exposures to credit institutions that qualify for credit quality step 3 in the form of derivative contracts, provided that significant potential concentration problems in the Member States concerned due to the application of credit quality step 1 and 2 requirements referred to in this paragraph can be documented.

[Y/N/NA]

Mandatory if Y

242

Article 129(3a)

Member states

Minimum level of overcollateralisation for covered bonds

Member States may set a lower minimum level of overcollateralisation for covered bonds than 5 % or authorise their competent authorities to set such a level, provided that the conditions in point (a) and (b) of this subparagraph are met.

[Y/N/NA]

Mandatory if Y

250

Article 164(6)

Competent Authorities

Minimum values of exposure weighted average Loss Given Default (LGD) for exposures secured by property

Based on the data collected under Article 430a and on any other relevant indicators, and taking into account forward-looking immovable property market developments the authority designated in accordance with paragraph 5 of this Article shall periodically, and at least annually, assess whether the minimum LGD values referred to in paragraph 4 of this Article, are appropriate for exposures secured by mortgages on residential property or commercial immovable property located in one or more parts of the territory of the Member State of the relevant authority. Where, on the basis of the assessment referred to in the first subparagraph of this paragraph, the authority designated in accordance with paragraph 5 concludes that the minimum LGD values referred to in paragraph 4 are not adequate, and if it considers that the inadequacy of LGD values could adversely affect current or future financial stability in its Member State, it may set higher minimum LGD values for those exposures located in one or more parts of the territory of the Member State of the relevant authority. Those higher minimum values may also be applied at the level of one or more property segments of such exposures. The authority designated in accordance with paragraph 5 shall notify EBA and the ESRB before making the decision referred to in this paragraph. Within one month of receipt of that notification EBA and the ESRB shall provide their opinion to the Member State concerned. EBA and the ESRB shall publish those LGD values.

[Y/N/NA]

Mandatory if Y

260

Article 178(1), point (b)

Competent Authorities

Default of an obligor

Competent authorities may replace the 90 days with 180 days for exposures secured by residential property or SME commercial immovable property in the retail exposure class, as well as exposures to public sector entities.

[Y/N/NA]

Mandatory if Y

261

Article 178(2), point (d)

Competent Authorities

Materiality threshold

Competent authorities shall define the threshold to assess the materiality of a credit obligation past due. This threshold shall reflect a level of risk that the competent authority considers to be reasonable.

[Y/N/NA]

Mandatory if Y

270

Article 284(4)

Competent Authorities

Exposure value

Competent authorities may require an α higher than 1,4 or permit institutions to use their own estimates in accordance with Article 284 (9)

[Y/N/NA]

Mandatory if Y

280

Article 284(9)

Competent Authorities

Exposure value

Competent authorities may permit institutions to use their own estimates of alpha

[Y/N/NA]

Mandatory if Y

290

Article 327(2)

Competent Authorities

Netting between a convertible and an offsetting position in the underlying instrument

Competent authorities may adopt an approach under which the likelihood of a particular convertible’s being converted is taken into account or require an own funds requirement to cover any loss which conversion might entail.

[Y/N/NA]

Mandatory if Y

300

Article 395(1)

Competent Authorities

Large exposure limits for exposures to institutions

Competent authorities may set a lower large exposure limit than EUR 150 000 000 for exposures to institutions.

[Y/N/NA]

Mandatory if Y

310

Article 400(2)(a) 493(3)(a)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt covered bonds falling within the terms of Article 129(1), (3) and (6).

[Y/N/NA]

Mandatory if Y

320

Article 400(2), point (b) and 493(3), point (b)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt asset items constituting claims on regional governments or local authorities of Member States.

[Y/N/NA]

Mandatory if Y

330

Article 400(2)(c) and 493(3)(c)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries and qualifying holdings.

[Y/N/NA]

Mandatory if Y

340

Article 400(2), point (d) and 493(3), point (d)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures to regional or central credit institutions with which the credit institution is associated in a network and which are responsible for cash-clearing operations within the network.

[Y/N/NA]

Mandatory if Y

350

Article 400(2), point (e) and 493(3), point (e)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures to credit institutions incurred by credit institutions, one of which operates on a non-competitive basis and provides or guarantees loans under legislative programmes or its statutes, to promote specified sectors of the economy under some form of government oversight and restrictions on the use of the loans, provided that the respective exposures arise from such loans that are passed on to the beneficiaries via credit institutions or from the guarantees of these loans.

[Y/N/NA]

Mandatory if Y

360

Article 400(2), point (f) and 493(3), point (f)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures to institutions, provided that those exposures do not constitute such institutions' own funds, do not last longer than the following business day and are not denominated in a major trading currency.

[Y/N/NA]

Mandatory if Y

370

Article 400(2), point (g) and 493(3), point (g)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures to central banks in the form of required minimum reserves held at those central banks which are denominated in their national currencies.

[Y/N/NA]

Mandatory if Y

380

Article 400(2), point (h) and 493(3), point (h)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures to central governments in the form of statutory liquidity requirements held in government securities which are denominated and funded in their national currencies provided that, at the discretion of the competent authority, the credit assessment of those central governments assigned by a nominated External Credit Assessment Institution is investment grade.

[Y/N/NA]

Mandatory if Y

390

Article 400(2), point (i) and 493(3), point (i)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt 50 % of medium/low risk off-balance sheet documentary credits and of medium/low risk off-balance sheet undrawn credit facilities referred to in Annex I and subject to the competent authorities’ agreement, 80 % of guarantees other than loan guarantees which have a legal or regulatory basis and are given for their members by mutual guarantee schemes possessing the status of credit institutions.

[Y/N/NA]

Mandatory if Y

400

Article 400(2), point (j) and 493(3), point (j)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt legally required guarantees used when a mortgage loan financed by issuing mortgage bonds is paid to the mortgage borrower before the final registration of the mortgage in the land register, provided that the guarantee is not used as reducing the risk in calculating the risk-weighted exposure amounts.

[Y/N/NA]

Mandatory if Y

410

Article 400(2), point (k)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt assets items constituting exposures in the form of a collateral or a guarantee for residential loans.

[Y/N/NA]

Mandatory if Y

411

Article 493(3), point (k)

Member States

Exemptions or partial exemptions to large exposures limits

Member States may fully or partially exempt assets items constituting claims on and other exposures to recognised exchanges.

[Y/N/NA]

Mandatory if Y

412

Article 400(2), point (l)

Competent Authorities

Exemptions or partial exemptions to large exposures limits

Competent authorities may fully or partially exempt exposures in the form of a guarantee for officially supported export credits.

[Y/N/NA]

Mandatory if Y

420

Article 412(5)

Member States

Liquidity coverage requirement

Member States may maintain or introduce national provisions in the area of liquidity requirements before binding minimum standards for liquidity coverage requirements are specified and fully introduced in the Union in accordance with Article 460.

[Y/N/NA]

Mandatory if Y

430

Article 412(5)

Member States or Competent Authorities

Liquidity coverage requirement

Member States or competent authorities may require domestically authorised institutions, or a subset of those institutions to maintain a higher liquidity coverage requirement up to 100 % until the binding minimum standard is fully introduced at a rate of 100 % in accordance with Article 460.

[Y/N/NA]

Mandatory if Y

460

Article 420(2)

Competent Authorities

Liquidity outflow rate

The competent authorities shall determine the outflows to be assigned to the products and services which are not captured in the Regulation as long as the likelihood and potential volume of the liquidity outflows are material. The competent authorities may apply an outflow rate up to 5 % for trade finance off-balance-sheet related products, as referred to in Article 429 and Annex I.

[Y/N/NA]

Mandatory if Y

461

Article 428p(10)

Competent Authorities

Required stable funding factors

Competent authorities may determine the required stable funding factors to be applied to off-balance-sheet exposures that are not specified in the CRR.

462

Article 428q(2)

Competent Authorities

Required stable funding factors

Competent authorities may determine the term of encumbrance for assets that have been segregated.

[Y/N/NA]

Mandatory if Y

463

Article 428aq(10)

Competent Authorities

Required stable funding factors

Competent authorities may determine the required stable funding factors to be applied to off-balance-sheet exposures that are not referred to in the CRR in relation to the simplified calculation of the net stable funding ratio

[Y/N/NA]

Mandatory if Y

464

Article 428ar(2)

Competent Authorities

Required stable funding factors

Competent authorities may determine the term of encumbrance for assets that have been segregated in relation to the simplified calculation of the net stable funding ratio.

[Y/N/NA]

Mandatory if Y

510

Article 471(1)

Competent Authorities

Exemption from deduction of equity holding in insurance companies from CET1 items

By way of derogation from Article 49(1), during the period from 31 December 2018 to 31 December 2024, institutions may choose not to deduct equity holdings in insurance undertakings, reinsurance undertakings and insurance holding companies where the conditions set out in paragraph 1 of Article 471 are met.

[Y/N/NA]

Mandatory if Y

520

Article 473(1)

Competent Authorities

Introduction of amendments to IAS 19

By way of derogation from Article 481 during the period from 1 January 2014 until 31 December 2018, competent authorities may permit institutions that prepare their accounts in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2) of Regulation (EC) No 1606/2002 to add to their Common Equity Tier 1 capital the applicable amount in accordance with paragraph 2 or 3 of Article 473, as applicable, multiplied by the factor applied in accordance with paragraph 4 of Article 473 (4) .

[Y/N/NA]

Mandatory if Y

530

Article 478(3)

Competent Authorities

Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items

Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for each of the following deductions:

(a)	the individual deductions required pursuant to points (a) to (h) of Article 36(1), excluding deferred tax assets that rely on future profitability and arise from temporary differences;

(b)	the aggregate amount of deferred tax assets that rely on future profitability and arise from temporary differences and the items referred to in point (i) of Article 36(1) that is required to be deducted pursuant to Article 48;

(c)	each deduction required pursuant to points (b) to (d) of Article 56;

(d)	each deduction required pursuant to points (b) to (d) of Article 66.

[Y/N/NA]

Mandatory if Y

540

Article 479(4)

Competent Authorities

Transitional recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests

Competent authorities shall determine and publish the applicable percentage in the ranges specified in paragraph 3 of Article 479 (4).

[Y/N/NA]

Mandatory if Y

550

Article 480(3)

Competent Authorities

Transitional recognition of minority interests and qualifying Additional Tier 1 and Tier 2 capital

Competent authorities shall determine and publish the value of the applicable factor in the ranges specified in paragraph 2 of Article 480 (4).

[Y/N/NA]

Mandatory if Y

560

Article 481(5)

Competent Authorities

Additional transitional filters and deductions

For each filter or deduction referred to in paragraphs 1 and 2 of Article 481, competent authorities shall determine and publish the applicable percentages in the ranges specified in paragraphs 3 and 4 of that Article (4).

[Y/N/NA]

Mandatory if Y

570

Article 486(6)

Competent Authorities

Limits for grandfathering of items within Common Equity Tier 1, Additional Tier 1 and Tier 2 items

Competent authorities shall determine and publish the applicable percentages in the ranges specified in paragraph 5 of Article 486 (4).

[Y/N/NA]

Mandatory if Y

580

Article 495(1)

Competent Authorities

Transitional treatment of equity exposures under the IRB approach

By way of derogation from Chapter 3 of Part Three, until 31 December 2017, the competent authorities may exempt from the IRB treatment certain categories of equity exposures held by institutions and EU subsidiaries of institutions in that Member State as at 31 December 2007 (4).

[Y/N/NA]

Mandatory if Y

590

Article 496(1)

Competent Authorities

Transitional provision on the calculation of own fund requirements for exposures in the form of covered bonds

Until 31 December 2017, competent authorities may waive in full or in part the 10 % limit for senior units issued by French Fonds Communs de Créances or by securitisation entities which are equivalent to French Fonds Communs de Créances laid down in points (d) and (f) of Article 129(1), provided that conditions specified in points (a) and (b) of Article 496(1) are fulfilled (4).

[Y/N/NA]

Mandatory if Y

600

Article 10(1), point (b)(iii)

Competent Authorities

LCR - Liquid assets

The liquidity reserve held by the credit institution in a central bank is recognisable as Level 1 asset provided that it can be withdrawn in times of stress. The purposes under which central bank reserves may be withdrawn for the purposes of this Article must be specified in an agreement between the CA and the ECB or the central bank.

[Y/N/NA]

Mandatory if Y

610

Article 10(2)

Competent Authorities

LCR - Liquid assets

The market value of extremely high quality covered bonds referred to in paragraph 1(f) shall be subject to a haircut of at least 7 %. Except as specified in relation to shares and units in CIUs in points (b) and (c) of Article 15(2), no haircut shall be required on the value of the remaining level 1 assets. Those cases where the higher haircuts were set to an entire asset class (all assets subject to a specific and differentiated haircut in the LCR Delegated Regulation) (e.g. to all level 1 covered bonds, etc.).

[Y/N/NA]

Mandatory if Y

620

Article 12(1), point (c)(i)

Competent Authorities

LCR - Level 2B assets

Shares may constitute level 2B assets provided that they form part of a major stock index in a MS or in a third country, as identified as such by the CA of a MS or the relevant public authority in a third country.

[Y/N/NA]

Mandatory if Y

630

Article 12(3)

Competent Authorities

LCR - Level 2B assets

For credit institutions which in accordance with their statutes of incorporation are unable for reasons of religious observance to hold interest bearing assets, the competent authority may allow to derogate from points (ii) and (iii) of paragraph 1(b) of this Article, provided there is evidence of insufficient availability of non-interest bearing assets meeting these requirements and the non-interest-bearing assets in question are adequately liquid in private markets.

[Y/N/NA]

Mandatory if Y

640

Article 24(6)

Competent Authorities

LCR - Outflows from stable deposits in a third country qualifying for the 3 % rate

Credit institutions may be authorised by their competent authority to multiply by 3 % the amount of the retail deposits covered by a deposit guarantee scheme in a third country equivalent to the scheme referred to in paragraph 1 if the third country allows this treatment.

[Y/N/NA]

Mandatory if Y

Part 2

Transitional options and discretions set out in Directive 2013/36/EU and Regulation (EU) No 575/2013

	Directive 2013/36/EU	Regulation (EU) No 575/2013	Addressee	Denomination	Description of the option or discretion	Year(s) of application and the value in % (if applicable)	Exercised (Y/N/NA)	National text	References	Available in EN (Y/N)	Details / Comments
010	Date of the last update of information in this template					(dd/mm/yyyy)
011	Article 160(6)		Member States	Transitional provisions for capital buffers	Member States may impose a shorter transitional period for capital buffers than that specified in paragraphs 1 to 4 of Article 160. Such a shorter transitional period may be recognised by other Member States.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
012		Article 493(3), point (a)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt covered bonds falling within the terms of Article 129(1), (3) and (6).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
013		Article 493(3), point (b)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt asset items constituting claims on regional governments or local authorities of Member States.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
014		Article 493(3), point (c)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries and qualifying holdings.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
015		Article 493(3), point (d)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures to regional or central credit institutions with which the credit institution is associated in a network and which are responsible for cash-clearing operations within the network.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
016		Article 493(3), point (e)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures to credit institutions incurred by credit institutions, one of which operates on a non-competitive basis and provides or guarantees loans under legislative programmes or its statutes, to promote specified sectors of the economy under some form of government oversight and restrictions on the use of the loans, provided that the respective exposures arise from such loans that are passed on to the beneficiaries via credit institutions or from the guarantees of these loans.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
017		Article 493(3), point (f)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures to institutions, provided that those exposures do not constitute such institutions’ own funds, do not last longer than the following business day and are not denominated in a major trading currency.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
018		Article 493(3), point (g)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures to central banks in the form of required minimum reserves held at those central banks which are denominated in their national currencies.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
019		Article 493(3), point (h)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt exposures to central governments in the form of statutory liquidity requirements held in government securities which are denominated and funded in their national currencies provided that, at the discretion of the competent authority, the credit assessment of those central governments assigned by a nominated External Credit Assessment Institution is investment grade.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
020		Article 493(3), point (i)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt 50 % of medium/low risk off-balance-sheet documentary credits and of medium/low risk off-balance sheet undrawn credit facilities referred to in Annex I and subject to the competent authorities’ agreement, 80 % of guarantees other than loan guarantees which have a legal or regulatory basis and are given for their members by mutual guarantee schemes possessing the status of credit institutions.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
021		Article 493(3), point (j)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt legally required guarantees used when a mortgage loan financed by issuing mortgage bonds is paid to the mortgage borrower before the final registration of the mortgage in the land register, provided that the guarantee is not used as reducing the risk in calculating the risk-weighted exposure amounts.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
022		Article 493(3), point (k)	Member States	Exemptions or partial exemptions to large exposures limits	Competent authorities may fully or partially exempt assets items constituting claims on and other exposures to recognised exchanges.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
023		Article 412(5)	Member States	Liquidity coverage requirement	Member States may maintain or introduce national provisions in the area of liquidity requirements before binding minimum standards for liquidity coverage requirements are specified and fully introduced in the Union in accordance with Article 460.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
024		Article 412(5)	Member States or Competent Authorities	Liquidity coverage requirement	Member States or competent authorities may require domestically authorised institutions, or a subset of those institutions to maintain a higher liquidity coverage requirement up to 100 % until the binding minimum standard is fully introduced at a rate of 100 % in accordance with Article 460.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
025		Article 413(4)	Member States	Stable funding requirement	Member States may maintain or introduce national provisions in the area of stable funding requirements before binding minimum standards for net stable funding requirements set out in Article 413(1) become applicable (5).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
036		Article 471(1)	Competent Authorities	Exemption from deduction of equity holding in insurance companies from CET1 items	By way of derogation from Article 49(1), during the period from 31 December 2018 to 31 December 2024, institutions may choose not to deduct equity holdings in insurance undertakings, reinsurance undertakings and insurance holding companies where the conditions set out in paragraph 1 of Article 471 are met.	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
037		Article 473(1)	Competent Authorities	Introduction of amendments to IAS 19	By way of derogation from Article 481 during the period from 1 January 2014 until 31 December 2018, competent authorities may permit institutions that prepare their accounts in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2) of Regulation (EC) No 1606/2002 to add to their Common Equity Tier 1 capital the applicable amount in accordance with paragraph 2 or 3 of Article 473, as applicable, multiplied by the factor applied in accordance with paragraph 4 of Article 473 (5).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
038		Article 478(2)	Competent Authorities	Deduction from Common Equity Tier 1 items for deferred tax assets that existed prior to 1 January 2014	Applicable percentage if the alternative applies (percentage in the ranges specified in paragraph 2 of Article 478)	2014 (0 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
039						2015 (10 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
040						2016 (20 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
041						2017 (30 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
042						2018 (40 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
043						2019 (50 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
044						2020 (60 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
045						2021 (70 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
046						2022 (80 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
047						2023 (90 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
048		Article 478(3), point (a)	Competent Authorities	Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items	Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for (a) the individual deductions required pursuant to points (a) to (h) of Article 36(1), excluding deferred tax assets that rely on future profitability and arise from temporary differences (5).	2014 (20 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
049						2015 (40 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
050						2016 (60 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
051						2017 (80 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
052		Article 478(3), point (b)	Competent Authorities	Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items	Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for (b) the aggregate amount of deferred tax assets that rely on future profitability and arise from temporary differences and the items referred to in point (i) of Article 36(1) that is required to be deducted pursuant to Article 48 (5).	2014 (20 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
053						2015 (40 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
054						2016 (60 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
055						2017 (80 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
056		Article 478(3), point (c)	Competent Authorities	Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items	Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for (c) each deduction required pursuant to points (b) to (d) of Article 56 (5).	2014 (20 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
057						2015 (40 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
058						2016 (60 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
059						2017 (80 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
060		Article 478(3), point (d)	Competent Authorities	Transitional deductions from Common Equity Tier 1, Additional Tier 1 and Tier 2 items	Competent authorities shall determine and publish an applicable percentage in the ranges specified in paragraphs 1 and 2 of Article 478 for (d) each deduction required pursuant to points (b) to (d) of Article 66 (5).	2014 (20 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
061						2015 (40 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
062						2016 (60 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
063						2017 (80 % to 100 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
064		Article 479(4)	Competent Authorities	Transitional recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests	Competent authorities shall determine and publish the applicable percentage in the ranges specified in paragraph 3 of Article 479 (5).	2014 (0 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
065						2015 (0 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
066						2016 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
067						2017 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
068		Article 480(3)	Competent Authorities	Transitional recognition of minority interests and qualifying Additional Tier 1 and Tier 2 capital	Competent authorities shall determine and publish the value of the applicable factor in the ranges specified in paragraph 2 of Article 480 (5).	2014 (0,2 to 1,0)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
069						2015 (0,4 to 1,0)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
070						2016 (0,6 to 1,0)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
071						2017 (0,8 to 1,0)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
072		Article 481(1)	Competent Authorities		Applicable percentage if a single percentage applies (percentage in the ranges specified in paragraph 3 of Article 481) (5).	2014 (0 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
073						2015 (0 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
074						2016 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
075						2017 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
076		Article 481(5)	Competent Authorities	Additional transitional filters and deductions	For each filter or deduction referred to in paragraphs 1 and 2 of Article 481, competent authorities shall determine and publish the applicable percentages in the ranges specified in paragraphs 3 and 4 of that Article (5).	2014 (0 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
077						2015 (0 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
078						2016 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
079						2017 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
080		Article 486(6)	Competent Authorities	Limits for grandfathering of items within Common Equity Tier 1, Additional Tier 1 and Tier 2 items	Applicable percentage for determining the limits for grandfathering of items within Common Equity Tier 1 items pursuant to paragraph 2 of Article 486 (percentage in the ranges specified in paragraph 5 of that Article).	2014 (60 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
081						2015 (40 % to 70 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
082						2016 (20 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
083						2017 (0 % to 50 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
084						2018 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
085						2019 (0 % to 30 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
086						2020 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
087						2021 (0 % to 10 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
088					Applicable percentage for determining the limits for grandfathering of items within Additional Tier 1 items pursuant to paragraph 3 of Article 486 (percentage in the ranges specified in paragraph 5 of that Article).	2014 (60 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
089						2015 (40 % to 70 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
090						2016 (20 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
091						2017 (0 % to 50 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
092						2018 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
093						2019 (0 % to 30 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
094						2020 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
095						2021 (0 % to 10 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
096					Applicable percentage for determining the limits for grandfathering of items within Tier 2 items pursuant to paragraph 4 of Article 486 (percentage in the ranges specified in paragraph 5 of that Article).	2014 (60 % to 80 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
097						2015 (40 % to 70 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
098						2016 (20 % to 60 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
099						2017 (0 % to 50 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
100						2018 (0 % to 40 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
101						2019 (0 % to 30 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
102						2020 (0 % to 20 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
103						2021 (0 % to 10 %)	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
104		Article 495(1)	Competent Authorities	Transitional treatment of equity exposures under the IRB approach	By way of derogation from Chapter 3 of Part Three, until 31 December 2017, the competent authorities may exempt from the IRB treatment certain categories of equity exposures held by institutions and EU subsidiaries of institutions in that Member State as at 31 December 2007 (5).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
105		Article 496(1)	Competent Authorities	Transitional provision on the calculation of own fund requirements for exposures in the form of covered bonds	Until 31 December 2017, competent authorities may waive in full or in part the 10 % limit for senior units issued by French Fonds Communs de Créances or by securitisation entities which are equivalent to French Fonds Communs de Créances laid down in points (d) and (f) of Article 129(1), provided that conditions specified in points (a) and (b) of Article 496(1) are fulfilled (5).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y
106		Article 500a(2)	Competent Authorities	Temporary treatment of public debt issued in the currency of another Member State	By way of derogation from Articles 395(1) and 493(4), competent authorities may allow institutions to incur exposures referred to in paragraph 1 of Article 500a, up to the limits specified in paragraph (2).	[Year]	[Y/N/NA]	Mandatory if Y	Mandatory if Y	Mandatory if Y

Part 3

Variable elements of remuneration (Article 94 of Directive 2013/36 EU)

Directive 2013/36/EU

Addressee

Provisions

Information to disclose

Exercised (Y/N/NA)

References

Available in EN (Y/N)

Details / Comments

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Article 94(1), point (g)(i)

Member States or Competent Authorities

Member States may set a lower maximum ratio between the variable and fixed components of remuneration (% set in national law calculated as variable component divided by fixed component of remuneration) (6)

[Value in %]

[Y/N]

Mandatory if Y

030

Article 94(1), point (g)(ii)

Member States or Competent Authorities

Member States may set a lower maximum level of the ratio between the variable and fixed components of remuneration which may be approved by shareholders or owners or members of the institution (% set in national law calculated as variable component divided by fixed component of remuneration) (6)

[Value in %]

[Y/N]

Mandatory if Y

040

Article 94(1), point (g)(iii)

Member States or Competent Authorities

Member States may set a lower maximum part of the total variable remuneration to which the discount rate may be applied (% of the total variable remuneration) (6)

[Value in %]

[Y/N]

Mandatory if Y

050

Article 94(1), point(l)

Member States or Competent Authorities

Description of any restriction on the types and designs or prohibitions of instruments that can be used for the purposes of awarding variable remuneration

[Free text/value]

[Y/N]

Mandatory if Y

060

Article 94(4)

Member States

By way of derogation from point (a) of paragraph 3, a Member State may lower or increase the threshold referred to therein, provided that:

(a)

the institution in relation to which the Member State makes use of this provision is not a large institution as defined in point (146) of Article 4(1) of Regulation (EU) No 575/2013 and, where the threshold is increased:

(i)	the institution meets the criteria set out in points (145)(c), (d) and (e) of Article 4(1) of Regulation (EU) No 575/2013; and

(ii)	the threshold does not exceed EUR 15 billion;

(b)	it is appropriate to modify the threshold in accordance with this paragraph taking into account the institution’s nature, scope and complexity of its activities, its internal organisation or, if applicable, the characteristics of the group to which it belongs.

[Free text/value]

[Y/N]

Mandatory if Y

070

Article 94(5)

Member States

Member States may decide that staff members entitled to annual variable remuneration below the threshold and share referred to in that point shall not be subject to the exemption set out therein because of national market specificities in terms of remuneration practices or because of the nature of the responsibilities and job profile of those staff members.

[Free text/value]

[Y/N]

Mandatory if Y

080

Article 109 (6)

Member States

Member States may apply Articles 92, 94 and 95 on a consolidated basis to a broader scope of subsidiary undertakings and their staff.

[Free text/value]

[Y/N]

Mandatory if Y

(1) ‘Y’ (Yes) indicates that the competetent authority or Member State empowered to exercise the relevant option or discretion has exercised it. ‘N’ (No) Indicates that the competetent authority or Member State empowered to exercise the relevant option or discretion has not exercised it. ‘NA’ (Not applicable) indicates that the exercise of the option is not possible or the discretion does not exist.

(2) The text of the provision in the national legislation.

(3) Reference in the national legislation and hyperlink(s) to the website containing the national text transposing the Union provision in question.

(4) The provision has now expired and thus the information on the exercise of the discretion covers historically only the period up to the expiration date.

(5) The provision has now expired and thus the information on the exercise of the discretion covers historically only the period up to the expiration date.

(6) If Member States have not exercised the discretion to reduce these default maximum percentages to figures (i) below 100 % for the bonus cap; (ii) to between 100–200 % bonus cap with shareholders’ approval; or (iii) to a discount rate of below 25 % then they shall disclose ‘No’ instead of ‘Yes’ .

ANNEX III

Supervisory review and evaluation process (SREP) (1)

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Scope of application of SREP

(Articles 108 to 110 of Directive 2013/36/EU)

Description of the approach of the competent authority to the scope of application of SREP including:

—	what types of institutions are covered by/excluded from SREP, especially if the scope is different from those specified in Regulation (EU) No 575/2013 and Directive 2013/36/EU,

—	a high-level overview of how the competent authority takes into account the principle of proportionality when considering the scope of SREP and frequency of assessment of various SREP elements (2).

[free text or reference or hyperlink to such guidance]

030

Assessment of SREP elements

(Articles 74 to 96 of Directive 2013/36/EU)

Description of the approach of the competent authority to the assessment of individual SREP elements (as referred to in EBA Guidelines on common procedures and methodologies for SREP EBA/GL/2022/03) including:

—

a high-level overview of the assessment process and methodologies applied to the assessment of SREP elements, including: (1) business model analysis; (2) assessment of internal governance and institution-wide controls; (3) assessment of risks to capital; and (4) assessment of risks to liquidity and funding,

—	a high-level overview of how the competent authority takes into account the principle of proportionality when assessing individual SREP elements, including how the categorisation of institutions have been applied (3) .

[free text or reference or hyperlink to such guidance]

040

Review and evaluation of ICAAP and ILAAP

(Articles 73, 86, 97 and 98 of Directive 2013/36/EU)

Description of the approach of the competent authority to the review and evaluation of the internal capital adequacy assessment process (ICAAP) and internal liquidity adequacy assessment process (ILAAP) as part of the SREP, and, in particular, for assessing the reliability of the ICAAP and ILAAP capital and liquidity calculations for the purposes of determining additional own funds and quantitative liquidity requirements including (4) :

—	an overview of the methodology applied by the competent authority to review the ICAAP and ILAAP of institutions,

—	information/reference to the competent authority requirements for submission of ICAAP and ILAAP related information, in particular covering what information need to be submitted,

—	information on whether an independent review of the ICAAP and ILAAP is required from the institution.

[free text or reference or hyperlink to such guidance]

050

Overall SREP assessment and supervisory measures

(Articles 102 and 104 of Directive 2013/36/EU)

Description of the approach of the competent authority to the overall SREP assessment (summary) and application of supervisory measures on the basis of the overall SREP assessment (5) .

Description of how SREP outcomes are linked to the application of early intervention measures according to Article 27 of Directive 2014/59/EU and determination of conditions whether the institution can be considered failing or likely to fail according to Article 32 of that Directive (6) .

[free text or reference or hyperlink to such guidance]

A competent authority shall explain the approach used to classify institutions into different categories for SREP purposes, describing the use of quantitative and qualitative criteria, and how financial stability or other overall supervisory objectives are affected by such categorisation.

A competent authority shall also explain how categorisation is put in practice for the purposes of ensuring at least a minimum engagement in SREP assessments, including the description of the frequencies for the assessment of all SREP elements for different categories of institutions.

Furthermore, competent authorities may provide information regarding the implications if an institution violates relevant legal provisions or does not comply with the supervisory or early intervention measures imposed based on the SREP outcomes, e.g. it shall list enforcement procedures that are in place (where applicable).

(1) Competent authorities shall disclose the criteria and methodologies used in rows 020 to 040 and in row 050 for the overall assessment. The type of information that shall be disclosed in form of an explanatory note is described in the second column.

(2) The scope of SREP to be considered both at a level of an institution and in respect of its own resources.

(3) Including working tools, e.g. on-site inspections and off-site examinations, qualitative and quantitative criteria, statistical data used in the assessments. Hyperlinks to any guidance on the website are recommended.

(4) Competent authorities shall also explain how the assessment of ICAAP and ILAAP is covered by the minimum engagement models applied for proportionality purposes based on SREP categories as well as how proportionality is applied for the purposes of specifying supervisory expectations to ICAAP and ILAAP, and in particular, any guidelines or minimum requirements for the ICAAP and ILAAP the competent authorities have issued.

(5) The approach competent authorities apply to arrive to the overall SREP assessment and its communication to the institutions. The overall assessment by competent authorities is based on a review of all the elements referred to in row 020 to 040, along with any other relevant information about the institution that the competent authority may obtain.

(6) Competent authorities may also disclose the policies that guide their decisions for taking supervisory measures (within the meaning of Articles 102 and 104 of Directive 2013/36/EU) and early intervention measures (within the meaning of Article 27 of Directive 2014/59/EU) whenever their assessment of an institution identifies weaknesses or inadequacies that call for supervisory intervention. Such disclosures might include the publication of internal guidelines or other documents describing general supervisory practices. However, no disclosure is required regarding decisions on individual institutions, to respect the confidentiality principle.

ANNEX IV

Aggregate Statistical Data

List of templates

Part 1

Consolidated data per Competent Authority

Part 2

Data on credit risk

Part 3

Data on market risk

Part 4

Data on operational risk

Part 5

Data on supervisory measures and administrative penalties

Part 6

Data on waivers

General remarks on filling in templates in Annex IV

—

Competent authorities shall not disclose supervisory actions or decisions directed at specific institutions. When publishing information on the general criteria and methodologies, competent authorities shall not disclose any supervisory measures directed at specific institutions, whether taken with respect to a single institution or to a group of institutions.

—

Numerical cells shall include only numbers. There shall be no references to national currencies. The currency used is euros and non-euro area Member States shall convert their national currencies into euros using the ECB exchange rates (at the common reference date, i.e. the last day of the year under review), with one decimal place when disclosing amounts in millions.

—	Unit of disclosure shall be in millions of euro for the reported monetary amounts (hereafter – MEUR).

—	Percentages shall be disclosed with two decimals.

—	If data is not being disclosed, the reason for non-disclosure shall be provided using the EBA nomenclature, i.e. N/A (for not available) or C (for confidential).

—	The data shall be disclosed on an aggregated basis without identifying individual either credit institutions or investment firms subjected to Regulation (EU) No 575/2013 and Directive 2013/36/EU, if any.

—	The references to COREP templates pursuant to the Commission implementing regulation (EU) No 451/2021 are provided in Parts 1 to 4, where available.

—	Competent authorities shall collect data relating to XXXX year onwards on consolidated basis. This will ensure the consistency of the information collected.

—

The templates of this Annex shall be read in conjunction with the reporting scope of consolidation hereby defined. To ensure efficient data collection and the confidentiality, the information for credit institutions and investment firms (class one minus MiFID firms), if any, shall be reported aggregated and the same level of consolidation shall be applied in both cases.

—

In order to ensure the coherence and comparability of reported data, the ECB shall publish only aggregate statistical data for supervised entities for which it conducts and exercises direct supervision at the reference date of the disclosure, while national competent authorities shall publish aggregate statistical data only for credit institutions not directly supervised by the ECB.

—	The competent authorities of Member States non participating in the SSM publish aggregate data of institutions established in their jurisdictions, including the subsidiaries in their jurisdictions of institutions established in SSM participating Member States.

—	Data shall be compiled only for investment firms subject to Directive 2013/36/EU. Investment firms which are not subject to Directive 2013/36/EU regime are excluded from the data collection exercise.

Part 1

Consolidated data per Competent Authority (year XXXX)

			Reference to COREP template	Data
	Number and size of credit institutions
010	Number of credit institutions			[Value]
020	Total assets of the jurisdiction (in MEUR) (1)			[Value]
030	Total assets of the jurisdiction (1) as % of GDP (2)			[Value]
	Number and size of foreign credit institutions (3)
040	From third countries	Number of branches (4)		[Value]
050		Total assets of branches (in MEUR)		[Value]
060		Number of subsidiaries (5)		[Value]
070		Total assets of subsidiaries (in MEUR)		[Value]
	Number of investment firms (6)
075	Number of investment firms			[Value]
	Total capital and capital requirements of credit institutions and investment firms (6)
080	Total Common Equity Tier 1 capital as % of total capital (7)		CA1 (row 0020 / row 0010)	[Value]
090	Total Additional Tier 1 capital as % of total capital (8)		CA1 (row 0530 / row 0010)	[Value]
100	Total Tier 2 capital as % of total capital (9)		CA1 (row 0750 / row 0010)	[Value]
110	Total capital requirements (in MEUR) (10)		CA2 (row 0010) * 8%	[Value]
120	Total capital ratio (%) (11)		sum(CA1 (row 0010)) /sum(CA2 (row 0010))	[Value]

Part 2

Data on credit risk (year XXXX)

	Credit risk data			Reference to COREP template	data
	Credit institutions and investment firms (12) : Own funds requirements for credit risk
010	Own funds requirements for credit risk	% of total own funds requirements (13)		CA2 (row 0040) / (row 0010)	[Value]
020	Breakdown by approach	% based on the total number of credit institutions and investment firms (12) (14)	Standardised Approach (SA)		[Value]
030			IRB approach when neither own estimates of Loss Given Default nor conversion factors are used		[Value]
040			IRB approach when own estimates of Loss Given Default and/or conversion factors are used		[Value]
050		% based on total own funds requirements for credit risk	SA	CA2 (row 0050) / (row 0040)	[Value]
060			IRB approach when neither own estimates of Loss Given Default nor conversion factors are used	CR IRB, Foundation IRB (row 0010, col 0260) / CA2 (row 0040)	[Value]
070			IRB approach when own estimates of Loss Given Default and/or conversion factors are used	CR IRB, Advanced IRB (row 0010, col 0260) / CA2 (row 0040)	[Value]
080	Breakdown by IRB exposure class	% based on total IRB risk weighted exposure amount	IRB approach when neither own estimates of Loss Given Default nor conversion factors are used	CA2 (row 0250 / row 0240)	[Value]
090			Central governments and central banks	CA2 (row 0260 / row 0240)	[Value]
100			Institutions	CA2 (row 0270 / row 0240)	[Value]
110			Corporates - SME	CA2 (row 0280 / row 0240)	[Value]
120			Corporates - Specialised Lending	CA2 (row 0290 / row 0240)	[Value]
130			Corporates - Other	CA2 (row 0300 / row 0240)	[Value]
140			IRB approach when own estimates of Loss Given Default and/or conversion factors are used	CA2 (row 0310 / row 0240)	[Value]
150			Central governments and central banks	CA2 (row 0320 / row 0240)	[Value]
160			Institutions	CA2 (row 0330 / row 0240)	[Value]
170			Corporates - SME	CA2 (row 0340 / row 0240)	[Value]
180			Corporates - Specialised Lending	CA2 (row 0350 / row 0240)	[Value]
190			Corporates - Other	CA2 (row 0360 / row 0240)	[Value]
200			Retail - Secured by real estate SME	CA2 (row 0370 / row 0240)	[Value]
210			Retail - Secured by real estate non-SME	CA2 (row 0380 / row 0240)	[Value]
220			Retail - Qualifying revolving	CA2 (row 0390 / row 0240)	[Value]
230			Retail - Other SME	CA2 (row 0400 / row 0240)	[Value]
240			Retail - Other non-SME	CA2 (row 0410 / row 0240)	[Value]
250			Equity IRB	CA2 (row 0420 / row 0240)	[Value]
270			Other non credit-obligation assets	CA2 (row 0450 / row 0240)	[Value]
	Credit risk data			Reference to COREP template	data
280	Credit institutions and investment firms (12) : Own funds requirements for credit risk
290	Breakdown by SA exposure class*	% based on total SA risk weighted exposure amount	Central governments or central banks	CA2 (row 0070 / row 0050)	[Value]
300			Regional governments or local authorities	CA2 (row 0080 / row 0050)	[Value]
310			Public sector entities	CA2 (row 0090 / row 0050)	[Value]
320			Multilateral Development Banks	CA2 (row 0100 / row 0050)	[Value]
330			International Organisations	CA2 (row 0110 / row 0050)	[Value]
340			Institutions	CA2 (row 0120 / row 0050)	[Value]
350			Corporates	CA2 (row 0130 / row 0050)	[Value]
360			Retail	CA2 (row 0140 / row 0050)	[Value]
370			Secured by mortgages on immovable property	CA2 (row 0150 / row 0050)	[Value]
380			Exposures in default	CA2 (row 0160 / row 0050)	[Value]
390			Items associated with particular high risk	CA2 (row 0170 / row 0050)	[Value]
400			Covered bonds	CA2 (row 0180 / row 0050)	[Value]
410			Claims on institutions and corporates with a short-term credit assessment	CA2 (row 0190 / row 0050)	[Value]
420			Collective investment undertakings	CA2 (row 0200 / row 0050)	[Value]
430			Equity	CA2 (row 0210 / row 0050)	[Value]
440			Other items	CA2 (row 0211 / row 0050)	[Value]
455	Securitisations		Securitisation positions	CA2 (row 0470 / row 0010)	[Value]
460	Breakdown by credit risk mitigation (CRM) approach	% based on the total number of credit institutions and investment firms (12) (15)	Financial collateral simple method		[Value]
470	Breakdown by credit risk mitigation (CRM) approach		Financial collateral comprehensive method		[Value]

	Exposures and losses from lending collateralised by immovable property (MEUR) (16)			Reference to COREP template	data
550	Use of residential property as collateral	Sum of exposures secured by residential property (17)		CR IP Losses (row 0010, col 0050)	[Value]
560		Sum of losses stemming from lending up to the reference percentages (18)		CR IP Losses (row 0010, col 0010)	[Value]
570		Of which: immovable property valued with mortgage lending value (19)		CR IP Losses (row 0010, col 0020)	[Value]
580		Sum of overall losses (20)		CR IP Losses (row 0010, col 0030)	[Value]
590		Of which: immovable property valued with mortgage lending value (19)		CR IP Losses (row 0010, col 0040)	[Value]
600	Use of commercial immovable property as collateral	Sum of exposures secured by immovable commercial property (17)		CR IP Losses (row 0020, col 0050)	[Value]
610		Sum of losses stemming from lending up to the reference percentages (18)		CR IP Losses (row 0020, col 0010)	[Value]
620		Of which: immovable property valued with mortgage lending value (19)		CR IP Losses (row 0020, col 0020)	[Value]
630		Sum of overall losses (20)		CR IP Losses (row 0020, col 0030)	[Value]
640		Of which: immovable property valued with mortgage lending value (19)		CR IP Losses (row 0020, col 0040)	[Value]

Part 3

Data on market risk (21) (year XXXX)

	Market risk data			Reference to COREP template	data
	Credit institutions and investment firms (22) : Own funds requirements for market risk
010	Own funds requirements for market risk	% of total own funds requirements (23)		CA2 (row 0520) / (row 0010)	[Value]
020	Breakdown by approach	% based on the total number of credit institutions and investment firms (22) (24)	Standardised approach		[Value]
030			Internal models		[Value]
040		% based on total own funds requirements for market risk	Standardised approach	CA2 (row 0530) / (row 0520)	[Value]
050		% based on total own funds requirements for market risk	Internal models	CA2 (row 0580) / (row 0520)	[Value]

Part 4

Data on operational risk (year XXXX)

	Operational risk data			Reference to COREP template	data
	Credit institutions and investment firms (25) : Own funds requirements for operational risk
010	Own funds requirements for operational risk	% of total own funds requirements (26)		CA2 (row 0590) / (row 0010)	[Value]
020	Breakdown by approach	% based on the total number of credit institutions and investment firms (25) (27)	Basic Indicator Approach (BIA)		[Value]
030			Standardised Approach (TSA) /Alternative Standardised Approach (ASA)		[Value]
040			Advanced Measurement Approach (AMA)		[Value]
050		% based on total own funds requirements for operational risk	BIA	CA2 (row 0600) / (row 0590)	[Value]
060			TSA/ASA	CA2 (row 0610) / (row 0590)	[Value]
070			AMA	CA2 (row 0620) / (row 0590)	[Value]
	Credit institutions and investment firms (25) : Losses due to operational risk
080	Total gross loss	Total gross loss as % of total gross income (28)		OPR Details (row 0920, col 0080) / OPR (sum (row 0010 to row 0130), col 0030)	[Value]

Part 5

Data on supervisory measures and administrative penalties (29) (year XXXX)

	Supervisory measures		data
	Credit institutions and investment firms (30)
010	Supervisory measures taken in accordance with Article 102(1)(a)	Total number of supervisory measures taken in accordance with Article 104(1) of Directive 2013/36/EU:	[Value]
011		to hold own funds in excess of the minimum capital requirements [Article 104(1)(a)]	[Value]
012		to reinforce governance arrangements and internal capital management [Article 104(1)(b)]	[Value]
013		to present a plan to restore compliance with supervisory requirements [Article 104(1)(c)]	[Value]
014		to apply a specific provisioning policy or treatment of assets [Article 104(1)(d)]	[Value]
015		to restrict/limit business or activities [Article 104(1)(e)]	[Value]
016		to reduce the risk inherent in the activities, products and systems [Article 104(1)(f)]	[Value]
017		to limit variable remuneration [Article 104(1)(g)]	[Value]
018		to strengthen own funds by using net profits [Article 104(1)(h)]	[Value]
019		to restrict/prohibit distributions or interest payments [Article 104(1)(i)]	[Value]
020		to impose additional or more frequent reporting requirements [Article 104(1)(j)]	[Value]
021		to impose specific liquidity requirements [Article 104(1)(k)]	[Value]
022		to impose additional disclosure requirements [Article 104(1)(l)]	[Value]
023		Number and nature of other supervisory measures taken (not listed in Article 104(1) of Directive 2013/36/EU)	[Value]
024	Supervisory measures taken in accordance with Article 102(1)(b) and other provisions of Directive 2013/36/EU or Regulation (EU) No 575/2013	Total number of supervisory measures taken in accordance with Article 104(1) of Directive 2013/36/EU:	[Value]
025		to hold own funds in excess of the minimum capital requirements [Article 104(1)(a)]	[Value]
026		to reinforce governance arrangements and internal capital management [Article 104(1)(b)]	[Value]
027		to present a plan to restore compliance with supervisory requirements [Article 104(1)(c)]	[Value]
028		to apply a specific provisioning policy or treatment of assets [Article 104(1)(d)]	[Value]
029		to restrict/limit business or activities [Article 104(1)(e)]	[Value]
030		to reduce the risk inherent in the activities, products and systems [Article 104(1)(f)]	[Value]
031		to limit variable remuneration [Article 104(1)(g)]	[Value]
032		to strengthen own funds by using net profits [Article 104(1)(h)]	[Value]
033		to restrict/prohibit distributions or interest payments [Article 104(1)(i)]	[Value]
034		to impose additional or more frequent reporting requirements [Article 104(1)(j)]	[Value]
035		to impose specific liquidity requirements [Article 104(1)(k)]	[Value]
036		to impose additional disclosure requirements [Article 104(1)(l)]	[Value]
037		Number and nature of other supervisory measures taken (not listed in Article 104(1) of Directive 2013/36/EU)	[Value]

	Administrative penalties (31)		data
	Credit institutions and investment firms (30)
065	Administrative penalties (for breaches of authorisation/ acquisitions of qualifying holding requirements)	Total number of administrative penalties from Article 66(2) of Directive 2013/36/EU applied:	[Value]
066		public statements identifying the natural/legal person responsible and the nature of the breach [Article 66(2)(a)]	[Value]
067		orders requiring the natural/legal person responsible to cease the conduct and to desist from a repetition of that conduct [Article 66(2)(b)]	[Value]
068		administrative pecuniary penalties imposed on legal/natural person [points (c) to (e) of Article 66(2)]	[Value]
069		suspensions of the voting rights of shareholders [Article 66(2)(f)]	[Value]
070		Number and nature of other administrative penalties applied (not specified in Article 66(2) of Directive 2013/36/EU)	[free text]
071	Administrative penalties (for other breaches of requirements imposed by Directive 2013/36/EU or Regulation (EU) No 575/2013)	Total number of administrative penalties from Article 67(2) of Directive 2013/36/EU applied:	[Value]
072		public statements identifying the natural/legal person responsible and the nature of the breach [Article 67(2), point (a)]	[Value]
073		orders requiring the natural/legal person responsible to cease the conduct and to desist from a repetition of that conduct [Article 67(2), point (b)]	[Value]
074		withdrawals of authorisation of credit institution and investment firm [Article 67(2), point (c)]	[Value]
075		temporary bans against natural person from exercising functions in credit institutions and investment firms [Article 67(2), point (d)]	[Value]
076		administrative pecuniary penalties imposed on legal/natural person [Article 67(2), point (e) to (g)]	[Value]
077		Number and nature of other administrative penalties applied (not specified in Article 67(2) of Directive 2013/36/EU)	[free text]
Competent authorities shall not disclose supervisory actions or decisions directed at specific institutions. When publishing information on the general criteria and methodologies, competent authorities shall not disclose any supervisory measures directed at specific institutions, whether taken with respect to a single institution or to a group of institutions.

Part 6

Data on waivers (32) (year XXXX)

	Exemption from the application on an individual basis of prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402
	Legal reference in Regulation (EU) No 575/2013	Article 7(1) and (2) (waivers for subsidiaries) (33)	Article 7(3) (waivers for parent institutions)
010	Total number of waivers granted	[Value]	[Value]
011	Number of waivers granted to parent institutions which have or hold participations in subsidiaries established in third countries	N/A	[Value]
012	Total amount of consolidated own funds held in the subsidiaries established in third countries (in MEUR)	N/A	[Value]
013	Percentage of the total consolidated own funds held in subsidiaries established in third countries (%)	N/A	[Value]
014	Percentage of the consolidated own funds requirements allocated to subsidiaries established in third countries (%)	N/A	[Value]
	Permission granted to parent institutions to incorporate subsidiaries in the calculation of their prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402
	Legal reference in Regulation (EU) No 575/2013	Article 9(1) (Individual consolidation method)
015	Total number of permissions granted	[Value]
016	Number of permissions granted to parent institutions to incorporarte subsidiaries established in third countries in the calculation of their requirement	[Value]
017	Total amount of consolidated own funds held in the subsidiaries established in third countries (in MEUR)	[Value]
018	Percentage of the total consolidated own funds held in subsidiaries established in third countries (%)	[Value]
019	Percentage of the consolidated own funds requirements allocated to subsidiaries established in third countries (%)	[Value]
	Exemption from the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013
	Legal reference in Regulation (EU) No 575/2013	Article 8 (Liquidity waivers for subsidiaries)
020	Total number of waivers granted	[Value]
021	Number of waivers granted pursuant to Article 8(2) where all institutions within a single liquidity sub-group are authorised in the same Member State	[Value]
022	Number of waivers granted pursuant to Article 8(3) where all institutions within a single liquidity sub-group are authorised in several Member States	[Value]
023	Number of waivers granted pursuant to Article 8(4) to institutions which are members of the same Institutional Protection Scheme	[Value]
	Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 and Chapter 2 of Regulation (EU) 2017/2402
	Legal reference in Regulation (EU) No 575/2013	Article 10 (Credit institutions permanently affiliated to a central body)
024	Total number of waivers granted	[Value]
025	Number of waivers granted to credit institutions permanently affiliated to a central body	[Value]
026	Number of waivers granted to central bodies	[Value]

(1) The total assets figure shall be the total assets value of the country for the national competent authorities, only for rows 020 and 030, and for the ECB the total assets value of Significant Institutions for the whole SSM.

(2) GDP at market price; suggested source – Eurostat/ECB.

(3) EEA countries shall not be included.

(4) Number of branches as defined in point (17) of Article 4(1) of Regulation (EU) No 575/2013. Any number of places of business set up in the same country by a credit institution with headquarters in a third country should be counted as a single branch.

(5) Number of subsidiaries as defined in point (16) of Article 4(1) of Regulation (EU) No 575/2013. Any subsidiary of a subsidiary undertaking shall be regarded as a subsidiary of the parent undertaking, which is at the head of those undertakings.

(6) Investment firms subject to Regulation (EU) No 575/2013 and Directive 2013/36/EU

(7) Ratio of Common Equity Tier 1 capital as defined in Article 50 of Regulation (EU) No 575/2013 to the own funds as defined in Article 4(1), point (118) and Article 72 of that Regulation, expressed in percentage (%).

(8) Ratio of Additional Tier 1 Capital as defined in Article 61 of Regulation (EU) No 575/2013 to the own funds as defined in Article 4(1), point (118) and Article 72 of that Regulation, expressed in percentage (%).

(9) Ratio of Tier 2 Capital as defined in Article 71 of Regulation (EU) No 575/2013 to the own funds as defined in Article 4(1), point (118) and Article 72 of that Regulation, expressed in percentage (%).

(10) The 8 % of total risk exposure amount as defined in Article 92(3) of Regulation (EU) No 575/2013.

(11) The ratio of the own funds to the total risk exposure amount as defined in Article 92(2), point (c) of Regulation (EU) No 575/2013, expressed in percentage (%).

(12) Investment firms subjected to Regulation (EU) No 575/2013 and Directive 2013/36/EU.

(13) Ratio of the own fund requirements for credit risk as defined in Article 92(3), points (a) and (f) of Regulation (EU) No 575/2013 to the total own funds as defined in Article 92(3) of that Regulation.

(14) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported for the three approaches may be higher than 100 %.

(15) In the exceptional cases, where an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %.

(16) The amount of the estimated losses shall be reported at the reporting reference date.

(17) As defined in Article 430a(1), points (c) and (f) of Regulation (EU) No 575/2013, respectively; the market value and mortgage lending value according to Article 4 (1), points (74) and (76) of that Regulation; only for the part of exposure treated as fully and completely secured according to Article 124 (1) of that Regulation.

(18) As defined in Article 430a(1), points (a) and (d) of Regulation (EU) No 575/2013, respectively; the market value and mortgage lending value according to Article 4 (1), points (74) and (76) of that Regulation.

(19) When the value of the collateral has been calculated as mortgage lending value.

(20) As defined in Article 430a(1), points (b) and (e) of Regulation (EU) No 575/2013, respectively; the market value and mortgage lending value according to Article 4 (1), points (74) and (76) of that Regulation.

(21) The template shall include information on all institutions and not only on those with market risk positions.

(22) Investment firms subjected to Regulation (EU) No 575/2013 and Directive 2013/36/EU.

(23) Ratio of the total risk exposure amount for position, foreign exchange and commodities risks as defined in Articles 92(3), points (b)(i) and (c) of Regulation (EU) No 575/2013 and Article 92(4), point (b) of that Regulation to the total risk exposure amount as defined in Article 92(3) of that Regulation.

(24) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %, but also lower than 100 % as entities with small trading portfolio are not obliged to determine market risk.

(25) Investment firms subjected to Regulation (EU) No 575/2013 and Directive 2013/36/EU

(26) Ratio of the total risk exposure amount for operational risk as defined in Article 92(3) of Regulation (EU) No 575/2013 to the total risk exposure amount as defined in Article 92(3) of that Regulation (in %).

(27) If an institution uses more than one approach, it shall be counted in each of these approaches. Hence, the sum of the percentages reported may be higher than 100 %.

(28) Only with respect to entities, which use AMA or TSA/ASA approach; ratio of the total loss amount for all business lines to the sum of the relevant indicator for banking activities subject to TSA/ASA and AMA for the last year (in %).

(29) Information shall be reported based on the date of decision.

Due to differences in national regulations as well as in supervisory practices and approaches across the competent authorities the figures provided in this table might not allow for a meaningful comparison between jurisdictions. Any conclusions without carefully considering these differences can be misleading.

(30) Investment firms subjected to Regulation (EU) No 575/2013 and Directive 2013/36/EU.

(31) The administrative penalties imposed by competent authorities. Competent authorities shall report all administrative penalties against which there is no appeal available in their jurisdiction by the reference date of the disclosure. Competent authorities of Member States where it is permitted to publish administrative penalties subject to an appeal, shall also report those administrative penalties unless the appeal annulling the administrative penalty is issued.

(32) Competent authorities shall report Information on waiver practices based on the total number of waivers by the competent authority, which are still effective or in force. The information to be reported is limited to those entities granted a waiver. Where the information is not available, i.e. not part of the regular reporting, it shall be reported as ‘N/A’.

(33) The number of institutions which have been granted the waiver shall be used as a basis for counting the waivers.

ELI: http://data.europa.eu/eli/reg_impl/2024/796/oj

ISSN 1977-0677 (electronic edition)

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