Article 16
Implementing technical standards for data templates
1. The EBA shall develop draft implementing technical standards to specify the templates to be used by credit institutions for the provision of information referred to in Article 15(1), in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the analysis, financial due diligence and valuation of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself.
2. The EBA shall specify in the draft implementing technical standards referred to in paragraph 1 of this Article the data fields, including which data fields are mandatory, and the data treatment for confidential information as set out in Article 15(1).
3. The draft implementing technical standards shall be proportionate to the nature and size of credits and credit portfolios.
4. When preparing the draft implementing technical standards referred to in paragraph 1, the EBA shall take into consideration all of the following:
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(a) |
existing market practices in data sharing between buyers and sellers; |
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(b) |
the feedback received from users of their experience of using existing EBA non-performing loans transaction templates; |
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(c) |
existing similar requirements at Member State level; |
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(d) |
the importance of minimising processing costs for credit institutions and credit purchasers. |
5. The EBA shall submit the draft implementing technical standards referred to in paragraph 1 to the Commission by 29 September 2022.
6. Power is conferred on the Commission to adopt the implementing technical standards referred to in paragraph 1, in accordance with Article 15 of Regulation (EU) No 1093/2010.
7. The data templates shall be used for transactions relating to credits issued on or after 1 July 2018 that become non-performing after 28 December 2021. For credits that originate between 1 July 2018 and the date of entry into force of the implementing technical standards referred to in paragraph 1, credit institutions shall complete the data template with the information already available to them.
8. Member States shall ensure that credit institutions also apply the implementing technical standards referred to in paragraph 6 to the transfer of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself, to other credit institutions. The data templates shall be used by credit institutions for the provision of information between credit institutions in cases where there is only a transfer of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself.