BAKGRUNN (fra kommisjonsforordningen)

(1) Commission Implementing Regulation (EU) 2022/389 (2) lays down templates for the publication of the information that competent authorities have to disclose pursuant to Article 57(1) of Directive (EU) 2019/2034. That information concerns the composition of own funds and the own funds requirements by type of requirement, but is limited to investment firms that do not qualify as small and non-interconnected investment firms.

(2) As small and non-interconnected investment firms can be numerous in certain Member States, the absence of publicly available information on the composition of own funds and the own funds requirements of those investment firms may distort a meaningful comparison of aggregated requirements by type across different Member States. Therefore, the templates laid down in Part 1 of Annex IV to Implementing Regulation (EU) 2022/389 should also refer to the data on the composition of own funds and own funds requirements by type of requirement for those investment firms that do qualify as small and non-interconnected.

(3) Implementing Regulation (EU) 2022/389 should therefore be amended accordingly.

(4) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority after having consulted the European Securities and Markets Authority.

(5) The necessary amendments to Implementing Regulation (EU) 2022/389 do not involve significant changes in substantive terms nor additional reporting burden on investment firms. In accordance with Article 15(1), second subparagraph, of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), the European Banking Authority has not conducted open public consultations, nor analysed the potential related costs and benefits, considering that it would be highly disproportionate in relation to the scope and impact of the draft implementing technical standards concerned,