Changes from report parliamentary committee draft to plenary report

AddedDisclosures by small and non-complex institutions

Added1. Small and non-complex institutions shall disclose the information outlined below on an annual basis:

Added(i) points (a), (e) and (f) of Article 435(1);

Added(ii) points (c), (d) and (da) of Article 438;

Added(iii) points (a) to (d), (h), (i), (j) of Article 450(1);

Added(iv) the key metrics referred to in Article 447;

Added(v) points (c) and (d) of Article 442;

Added(vi) Article 449a.

Added2. By way of derogation from paragraph 1 of this Article, small and non-complex institutions that are non-listed institutions shall disclose the key metrics referred to in Article 447 on a biennial basis.’;

Added(181) in Article 433c, paragraph 2 is amended as follows:

Added(a) point (d) is replaced by the following:

Added‘(d) points (c), (d) and (da) of Article 438:’;

Added(b) the following points are added:

Added‘(g) points (c) and (d) of Article 442.’;

Added‘(h) the information referred to in Article 449a on a semi-annual basis.’;

Added(182) Article 434 is replaced by the following:

Added‘Article 434 Means of disclosures

Added1. Institutions other than small and non-complex institutions shall submit all the information required under Titles II and III in electronic format to EBA no later than the date on which institutions publish their financial statements or financial reports for the corresponding period, where applicable, or as soon as possible thereafter. EBA shall also publish the submission date of this information.

AddedEBA shall ensure that the disclosures made on the EBA website contain the information identical to what institutions submitted to EBA. Institutions shall have the right to resubmit to EBA the information in accordance with the technical standards referred to in Article 434a. EBA shall make available on its website the date when the resubmission took place.

AddedEBA shall prepare and keep up-to-date the tool that specifies the mapping of the templates and tables for disclosures with those on supervisory reporting. The mapping tool shall be accessible to the public on the EBA website.

AddedInstitutions may continue to publish a standalone document that provides a readily accessible source of prudential information for users of that information or a distinctive section included in or appended to the institutions' financial statements or financial reports containing the required disclosures and being easily identifiable to those users. Institutions may include in their website a link to the EBA website where the prudential information is published on a centralised manner.

Added2. Large institutions and other institutions that are not large institutions or small and non-complex institutions shall submit to EBA the disclosures referred to in Article 433a and Article 433c respectively in an electronic format, but not later than on the date of the publication of financial statements or financial reports for the corresponding period or as soon as possible thereafter. If the financial reports are published before the submission of supervisory reporting in accordance with Article 430 for the same period, disclosures can be submitted on the same date as supervisory reporting or as soon as possible thereafter. If disclosure is required to be made for a period when an institution does not prepare any financial report, the institution shall submit to EBA the information on disclosures as soon as practicable.

Added3. EBA shall publish on its website the disclosures of small and non-complex institutions on the basis of the information reported by those institutions to competent authorities in accordance with Article 430.

Added4. While ownership of the data and the responsibility for its accuracy remain with the institutions that produce it, EBA shall make available on its website the information required to be disclosed in accordance with this Part. That archive shall be kept accessible for a period of time that shall be no less than the storage period set by national law for information included in the institutions' financial reports.

Added5. EBA shall monitor the number of visits to its single access point on institutions’ disclosures and include the related statistics in its annual reports.’;

Added(183) Article 434a is amended as follows:

Added(a) the first sentence of the first paragraph is replaced by the following:

Added‘EBA shall develop draft implementing technical standards to specify uniform disclosure formats, the associated instructions, information on the resubmission policy and IT solutions for disclosures required under Titles II and III.’;

Added(b) the fourth sentence of the first paragraph is replaced by the following:

Added‘EBA shall submit those draft implementing technical standards to the Commission by [OP please insert the date = one year after the entry into force of this Regulation]’;

Added(184) Article 438 is amended as follows:

Added(a) point (b) is replaced by the following:

Added‘(b) the amount of the additional own funds requirements based on the supervisory review process as referred to in Article 104(1), point (a), of Directive 2013/36/EU to address risks other than the risk of excessive leverage and its composition;’;

Added(b) point (d) is replaced by the following:

Added‘(d) the total risk exposure amounts as calculated in accordance with Article 92(3) and the corresponding own funds requirements as determined in accordance with Article 92(2), to be broken down by the different risk ▌categories or risk exposure classes, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;’;

Added(c) the following point (da) is added:

Added‘(da) where required to calculate the following amounts, the un-floored total risk exposure amount as calculated in accordance with Article 92(4), and the standardised total risk exposure amount as calculated in accordance with Article 92(5), to be broken down by the different risk categories and sub-categories, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;’;

Added(ca) point (e) is replaced by the following:

Added‘(e) the on- and off-balance-sheet exposures, the risk-weighted exposure amounts and associated expected losses for each category of specialised lending referred to in Table 1 of Article 153(5) and the on- and off-balance-sheet exposures and risk-weighted exposure amounts for the categories of equity exposures set out in Article 133(3) to (6) and Article 495a(3).’;

Added(185) Article 445 is replaced as follows:

Added‘Article 445 Disclosure of exposures to market risk under the standardised approach

Added1. Institutions that have not been granted a permission by competent authorities to use the alternative internal market risk model approach as set out in Article 325az, and that use the Simplified Standardised Approach in accordance with Article 325a or Part Three, Title IV, Chapter 1a, shall disclose a general overview of their trading book positions.

Added2. Institutions calculating their own funds requirements in accordance with Part Three, Title IV, Chapter 1a, shall disclose their total own funds requirements, their own funds requirements for the sensitivities-based methods, their default risk charge and their own funds requirements for residual risks. The disclosure of own funds requirements for the measures of the sensitivities-based methods and for the default risk shall be broken down for the following instruments:

Added(a) financial instruments other than securitisation instruments held in the trading book, with a breakdown by risk class, and a separate identification of the default risk own funds requirements;

Added(b) securitisation instruments not held in the ACTP, with a separate identification of the own funds requirements for credit spread risk and of the own funds requirements for default risk;

Added(c) securitisation instruments held in the ACTP, with a separate identification of the own funds requirements for credit spread risk and of the own funds requirements for default risk.’;

Added(186) The following Article 445a is inserted:

Added‘Article 445a Disclosure of CVA risk

Added1. Institutions subject to the own fund requirements for CVA risk shall disclose the following information:

Added(a) a general overview of their processes to identify, measure, hedge and monitor their CVA risk;

Added(b) whether institutions meet all the conditions set out in Article 273a(2); where those conditions are met, whether institutions have chosen to calculate the own funds requirements for CVA risk using the simplified approach set out in Article 385; where institutions have chosen to calculate the own funds requirements for CVA risk using the simplified approach, the own funds requirements for CVA risk in accordance with that approach;

Added(c) the total number of counterparties for which the standardised approach is used, with a breakdown by counterparty types.

Added2. Institutions using the standardised approach as defined in Article 383 for the calculation of own funds requirements for CVA risk shall disclose, in addition to the information referred to in paragraph 1, the following information:

Added(a) the structure and the organisation of the their internal CVA risk management function and governance;

Added(b) their total own funds requirements for CVA risk under the standardised approach with a breakdown by risk class;

Added(c) an overview of the eligible hedges used in that calculation, with a breakdown per types as defined in Article 386(2).

Added3. Institutions using the basic approach as defined in Article 384 for the calculation of own funds requirements for CVA risk shall also disclose, in addition to the information referred to in paragraph 1, the following information:

Added(a) their total own funds requirements for CVA risk under the basic approach, and the components and

Added(b) an overview of the eligible hedges used in this calculation, with a breakdown per types as defined in Article 386(3).’;

Added(187) Article 446 is replaced by the following: