(fra kommisjonsforordningen)

(1) Directive (EU) 2024/1174 of the European Parliament and of the Council (2) amended certain aspects of the minimum requirement for own funds and eligible liabilities (‘MREL’) set out in Directive 2014/59/EU. Pursuant to those amendments, resolution authorities should not determine the MREL for liquidation entities, except where the setting of a MREL exceeding an amount sufficient to absorb losses is necessary to to protect financial stability or to address the risk of contagion to the financial system, including regarding the financing capacity of deposit guarantee schemes. Additionally, Directive (EU) 2024/1174 increased the number of situations allowing resolution authorities to determine the MREL on a consolidated basis. Commission Implementing Regulation (EU) 2021/622 (3) should be amended to reflect those changes to the MREL framework in the information to be transmitted to the European Banking Authority (EBA).

(2) Implementing Regulation (EU) 2021/622 currently requires resolution authorities to transmit to the EBA, on an annual basis, information related to the setting of MREL. Subsequently, the EBA combines that information with information on the composition of the own funds and eligible liabilities obtained pursuant to Commission Implementing Regulation (EU) 2021/763 (4) to produce its report on MREL in accordance with Article 45l of Directive 2014/59/EU, which currently has a bi-annual frequency. The current yearly reporting of information on the setting of MREL means that MREL decisions adopted by resolution authorities after the relevant reference date are not transmited or assessed by the EBA, and are not reflected in its reports, until the following year, thus creating misalignments with the more updated information on the composition of the own funds and eligible liabilities.

(3) To improve the EBA’s ability to monitor and assess the MREL set by resolution authorities and institutions’ compliance with the MREL requirements, resolution authorities should be required to report to the EBA more frequently on MREL decisions. To ensure alignment with the reports on MREL prepared by the EBA, resolution authorities should report that information bi-annually.

(4) To facilitate the assessment by the EBA of how resolution authorities have exercised discretion when setting the MREL, in particular with regard to the option available under Article 45b(4), first subparagraph, of Directive 2014/59/EU, template M 20.00 – Reporting on MREL decisions (Annex I to Regulation (EU) 2021/622) and the corresponding instructions should be adjusted to require that information on the exercise of that option is included.

(5) The EBA has 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 (5).

(6) The amendments to Regulation (EU) 2021/622 are addressed to resolution authorities and do not involve significant changes in substantive terms. The EBA has therefore, in accordance with Article 15(1), second subparagraph, of Regulation (EU) No 1093/2010, not conducted open public consultations nor analysed the potential related costs and benefits, considering that it would be disproportionate in relation to the scope and impact of the draft implementing technical standards concerned.

(7) Implementing Regulation (EU) 2021/622 should therefore be amended accordingly.

(8) This Regulation is based on the draft implementing technical standards submitted to the Commission by the EBA,