BAKGRUNN (fra kommisjonsforordningen) 

(1) Commission Implementing Regulation (EU) 2021/451 (2) lays down, on the basis of Articles 415 and 430 of Regulation (EU) No 575/2013, a coherent reporting framework, including requirements concerning the provision of information on own funds and own funds requirements, financial information that needs to be provided in line with International Financial Reporting Standards (IFRS) and generally accepted accounting principles (GAAP), on losses stemming from lending collateralised by immovable property, on large exposures, on the leverage ratio, on stable funding, on additional liquidity monitoring metrics, on asset encumbrance, information to identify global systemically important institutions (G-SIIs) and assigning G-SII buffer rates, and information on interest rate risk in the banking book. Implementing Regulation (EU) 2021/451 has been amended several times following the amendments to Regulation (EU) No 575/2013 that were adopted to introduce, further develop, or adapt prudential elements.

(2) Regulation (EU) No 575/2013 was amended by Regulation (EU) 2024/1623 of the European Parliament and of the Council (3) to implement the final set of international standards of the Basel Committee on Banking Supervision (Basel III). Those amendments should be reflected in the reporting framework which is currently set out in Implementing Regulation (EU) 2021/451.

(3) Given the amendments to Regulation (EU) No 575/2013, it is necessary to revise the requirements for reporting of own funds and own funds requirements (output floor, credit risk and counterparty credit risk, credit valuation adjustments, market risk, operational risk, loss coverage of non-performing exposures and crypto assets), for reporting information on losses stemming from lending collateralised by immovable property, and for reporting information on the leverage ratio.

(4) Given the large number of changes that are required to give effect to the new rules on reporting obligations, it is preferable to repeal and replace Implementing Regulation (EU) 2021/451, rather than merely amend that Implementing Regulation, as such an amendment would make it extremely cumbersome for the economic operators concerned to find out which reporting requirements apply to them.

(5) The new capital adequacy templates should provide for the reporting of information on the output floor in the own funds requirements and capital ratios, and in particular for the reporting of information on the impact of the transitional provisions for the output floor laid down in Article 465 of Regulation (EU) No 575/2013. Reporting data should provide for the reporting of information on impact of the output floor and of transitional provisions laid down in Article 465 of Regulation (EU) No 575/2013. The group solvency templates should contain a new column to report information on the floor adjustment for entities subject to own funds requirements.

(6) Credit risk templates for the Standardised Approach (‘SA’) should reflect the amendments to the classification of exposure classes and new risk weights. In addition, they should reflect the more granular approach applied to exposures secured by mortgages on immovable property, and should reflect some changes in the calculation of the exposure value of off-balance sheet items, all of which were introduced in Regulation (EU) No 575/2013 by Regulation (EU) 2024/1623.

(7) Credit risk templates for the IRB should reflect amendments to the classification of exposure classes, namely to limit the use of Institutions and Large Corporates exposures under Foundation-IRB (‘FIRB‘), and should provide for the reporting of information on new exposure classes, including public sector entities (PSEs) and regional governments or local authorities (RGLAs). Finally, the new templates should provide for the reporting of both standard and own computation credit conversion factors.

(8) The new templates for the reporting of information on non-performing exposures loss coverage should reflect the changes to the scope of the exposures that are subject to the loss coverage requirements and changes to the provisioning calendar.

(9) A new reporting template should provide for the reporting of information on exposures to crypto assets to reflect the total risk exposure amounts for those exposures.

(10) The reporting of aggregate data for each national immovable property market (‘IP Losses’) should reflect the new specific reporting obligations set out in Article 430a(1) of Regulation (EU) No 575/2013.

(11) The reporting of credit valuation adjustments (‘CVA’) should reflect the standardised, basic, and simplified approaches and should capture some specific reporting requirements on CVA risk, all of which were introduced in Title VI of Regulation (EU) No 575/2013.

(12) Regulation (EU) 2024/1623 revised the framework for the boundary between the trading and the non-trading book. The reporting templates should therefore also provide for the reporting of information on the composition of the trading book with regard to new criteria set out in Article 104 of Regulation (EU) No 575/2013.

(13) It is necessary to align the reporting reference dates concerning own funds, own funds requirements, and additional reporting requirements on individual and consolidated basis, to the financial year-end dates.

(14) To enable institutions to set up the reporting systems necessary to comply with the reporting obligations, entities that engage in activities of a credit institution for the first time should be given more time to submit the templates.

(15) Regulation (EU) 2024/1623 amended Article 430(7), first subparagraph, of Regulation (EU) No 575/2013 and introduced a requirement for the EBA to develop IT solutions, including reporting templates and instructions, to be used by institutions for complying with the reporting obligations laid down in paragraphs 1 to 4 of that Article. Accordingly, the data points and the information that institutions have to report and that the EBA should include in the IT solutions concerned should be specified with sufficient clarity. In order to allow the EBA to develop appropriate IT solutions, those uniform reporting formats should not be binding as concerns their structure and their representation, as the EBA should not be bound to replicate the graphical representation and tabular structure laid down in the annex. In particular, the EBA should be able to depart from the graphical representation and tabular structure of the reporting templates as long as all the data points and information required are included in the IT solution.

(16) To provide institutions with sufficient time to adapt their own internal system and to comply with the revised reporting requirements, it is necessary to lay down transitional provisions that defer the remittance date of the first quarterly reporting obligation.

(17) To align the timeline of the reporting requirement relating to the composition of the trading book to the timeline of application of the market risk requirements laid down in Part Three, Title IV, Chapters 1a and 1b, of Regulation (EU) No 575/2013, it is necessary to lay down a transitional provision to allow for a later first reference date of that reporting requirement.

(18) The provisions in this Regulation are closely linked, since they deal with institutions’ reporting requirements. To ensure coherence between those provisions, and to facilitate a comprehensive view and compact access to them by persons subject to those obligations, it is appropriate to include all related implementing technical standards required by Regulation (EU) No 575/2013 in a single Regulation.

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

(20) The European Banking Authority 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 (4).

(21) To provide institutions with sufficient time to prepare for reporting in accordance with this Regulation and in accordance with Article 430(7) of Regulation (EU) No 575/2013 the first date of application should be set six months after the date of entry into force;

(22) In order to have the revised reporting framework in place as soon as possible, this Regulation should enter into force on the day following the date of its publication in the Official Journal of the European Union