(fra kommisjonsforordningen)

(1) Commission Implementing Regulation (EU) 2018/1624 (2) specifies the procedure, and introduces a minimum set of templates, for the provision of information to resolution authorities by credit institutions or investment firms for the purpose of drawing up and implementing resolution plans for institutions. Since the adoption of that Regulation, resolution authorities have gained experience in the area of resolution planning and Directive 2014/59/EU has been amended. In light of that experience and to take into account the new provisions of that Directive, it is necessary to update the minimum set of templates for the collection of information for resolution planning purposes.

(2) Implementing Regulation (EU) 2018/1624 sets out a procedure and a minimum set of templates for the provision of information by institutions to resolution authorities in a way that enables resolution authorities to collect that information in a consistent manner across the Union and that facilitates the exchange of information among the relevant authorities. However, experience has shown that a harmonised approach to the collection of that information has only partially been achieved. It is therefore necessary to review that Implementing Regulation to foster the harmonisation of reporting obligations across the Union on the basis of a revised set of templates that better capture the needs of resolution authorities in a consistent manner. That should not prevent resolution authorities from collecting any additional information they deem necessary to draw up and implement resolution plans or to lay down simplified information obligations in accordance with Article 4 of Directive 2014/59/EU.

(3) To ensure that group resolution plans effectively cover the group concerned, the reporting obligations imposed on Union parent undertakings should not be limited to resolution entities only, but should also concern other relevant legal entities. Such relevance should, however, be properly delineated to exclude reporting for entities that are not relevant for the group or that are not systemically important. To that end, thresholds should be set to identify those legal entities of the group on which resolution reporting requirements should be imposed. Furthermore, Directive (EU) 2024/1174 of the European Parliament and of the Council (3) amended Directive 2014/59/EU by introducing, inter alia, a definition of ‘liquidation entity’. To take into account that new definition, it is necessary to differentiate between resolution reporting requirements for liquidation entities, for resolution entities, and for entities belonging to resolution groups. In particular, it is necessary to specify reporting obligations taking into account whether the entities concerned are stand-alone entities, or belong to groups, and whether such entities or groups have been identified, or include entities which have been identified, as liquidation entities. Those reporting obligations should be set out on an individual, sub-consolidated or consolidated level in a way that ensures proportionality, does not compromise effective resolution planning, relieves entities from parallel data collections coming from different authorities, and removes overlapping data points with supervisory reporting frameworks. That should be achieved through the implementation of an approach that modulates the number of templates depending on the type of reporting entity concerned. Particular attention should also be given to resolution groups consisting of credit institutions permanently affiliated to a central body and the central body itself to ensure that resolution reporting effectively covers all the credit institutions permanently affiliated to the central body of that resolution group, the central body itself, and their respective subsidiaries, on an individual, sub-consolidated and consolidated level.

(4) To ensure efficient resolution planning while preserving proportionality, the scope of resolution reporting requirements may have to differ from the scope of prudential reporting requirements, when necessary to ensure that resolution authorities have adequate and credible data to perform their tasks. In that context, it is necessary to ensure that resolution reporting is not impeded by prudential waivers or by resolution groups not subject to prudential consolidation requirements.

(5) To ensure that resolution plans are based on a minimum set of data of consistently high quality and precision, a single data point model should be adopted, as is the practice in supervisory reporting. The single data point model should consist of a structural representation of the data items, and identify all relevant business concepts for the purpose of uniform reporting for resolution planning, and should contain all the relevant specifications necessary for further developing uniform IT reporting solutions.

(6) To safeguard the quality, consistency and accuracy of data items reported by institutions, those data items should be subject to common validation rules.

(7) Due to their very nature, validation rules and data point definitions are updated regularly in order to ensure that they comply, at all times, with applicable regulatory, analytical and information technology requirements. However, the time currently required to adopt and publish the detailed single data point model and validation rules means that it is not possible to carry out modifications in a sufficiently rapid and timely manner that would ensure the permanent provision of uniform information regarding resolution plans in the Union. Therefore, stringent qualitative criteria should be established for the detailed single data point model and the detailed common validation rules which will be published electronically by the European Banking Authority (EBA) on its website. The above does not exclude that EBA may also publish on its website technical instructions to fill in the forms and templates specified in this Regulation.

(8) Article 11(2) of Directive 2014/59/EU obliges competent and resolution authorities to cooperate to minimise the duplication of information requirements. For that purpose, Implementing Regulation (EU) 2018/1624 introduced a cooperation procedure between competent and resolution authorities, which should be maintained so that competent and resolution authorities jointly verify whether some or all of the requested information is already available to the competent authority. Where the information is available to the competent authority, it is appropriate that it transmits it to the resolution authority directly.

(9) Given the extent of the amendments to Implementing Regulation (EU) 2018/1624, it is appropriate, for reasons of legal certainty and clarity, to adopt a new Implementing Regulation and, therefore, to repeal and replace Implementing Regulation (EU) 2018/1624.

(10) This Regulation is based on the implementing technical standards submitted to the Commission by the EBA.

(11) The EBA has conducted open public consultations on the implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (4),