Transposition of provisions of Directive 2013/36/EU

Provisions of Directive 2013/36/EU

Links to national text (1)

Reference(s) to national provisions (2)

Available in EN (Y/N)

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

I.  Subject matter, scope and definitions

Articles 1 to 3

030

II.  Competent authorities

Articles 4 to 7

040

III.  Requirements for access to the activity of credit institutions

Articles 8 to 27

050

1.  General requirements for access to the activity of credit institutions

Articles 8 to 21b

060

2.  Qualifying holding in a credit institution

Articles 22 to 27

080

V.  Provisions concerning the freedom of establishment and the freedom to provide services

Articles 33 to 46

090

1.  General principles

Articles 33 to 34

100

2.  The right of establishment of credit institutions

Articles 35 to 38

110

3.  Exercise of the freedom to provide services

Article 39

120

4.  Powers of the competent authorities of the host Member State

Articles 40 to 46

130

VI.  Relations with third countries

Articles 47 to 48

140

VII.  Prudential supervision

Articles 49 to 142

150

1.  Principles of prudential supervision

Articles 49 to 72

160

1.1  Competence and duties of home and host Member States

Articles 49 to 52

170

1.2  Exchange of information and professional secrecy

Articles 53 to 62

180

1.3  Duty of persons responsible for the legal control of annual and consolidated accounts

Article 63

190

1.4  Supervisory powers, powers to impose penalties and right of appeal

Articles 64 to 72

200

2.  Review processes

Articles 73 to 110

210

2.1  Internal capital adequacy assessment process

Article 73

220

2.2  Arrangements, processes and mechanisms of institutions

Articles 74 to 96

230

2.3  Supervisory review and evaluation process

Articles 97 to 101

240

2.4  Supervisory measures and powers

Articles 102 to 107

250

2.5  Level of application

Articles 108 to 110

260

3.  Supervision on a consolidated basis

Articles 111 to 127

270

3.1  Principles for conducting supervision on a consolidated basis

Articles 111 to 118

280

3.2  Financial holding companies, mixed financial holding companies and mixed-activity holding companies

Articles 119 to 127

290

4.  Capital buffers

Articles 128 to 142

300

4.1  Buffers

Articles 128 to 134

310

4.2  Setting and calculating countercyclical capital buffers

Articles 135 to 140

320

4.3  Capital conservation measures

Articles 141 to 142

330

VIII.  Disclosure by competent authorities

Articles 143 to 144

340

IX.  Amendments of Directive 2002/87/EC

Article 150

350

X.  Transitional and final provisions

Articles 151 to 165

360

1.  Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services

Articles 151 to 159

361

1a.  Transitional provisions on financial holding companies and mixed financial holding companies

Article 159a

370

1.  Transitional provisions for capital buffers

Article 160

380

2.  Final provisions

Articles 161 to 165

010

Date of the last update of information in this template

(dd/mm/yyyy)

Description of the approach

Supervisory approach for the approval of the use of Internal Ratings Based (IRB) Approach to calculate minimum capital requirements for credit risk

020

Minimum documentation to be provided by the institutions applying for the use of IRB approach

[free text]

030

Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment

[free text]

040

Form of the decisions taken by the competent authority and communication of the decisions to applicants

[free text]

Supervisory approach for the approval of the use of Internal Model Approach (IMA) to calculate minimum capital requirements for market risk

050

Minimum documentation to be provided by the institutions applying for the use of IMA approach

[free text]

060

Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment

[free text]

070

Form of the decisions taken by the competent authority and communication of the decisions to applicants

[free text]

Supervisory approach for the approval of the use of Internal Model Method (IMM) to calculate minimum capital requirements for counterparty credit risk

080

Minimum documentation to be provided by the institutions applying for the use of IMM approach

[free text]

090

Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment

[free text]

100

Form of the decisions taken by the competent authority and communication of the decisions to applicants

[free text]

Supervisory approach for the approval of the use of Advanced Measurement Approach (AMA) to calculate minimum capital requirements for operational risk

110

Minimum documentation to be provided by the institutions applying for the use of AMA approach

[free text]

120

Description of the assessment process conducted by the competent authority (use of self assessment, reliance on external auditors and on-site inspections) and main criteria of the assessment

[free text]

130

Form of the decisions taken by the competent authority and communication of the decisions to applicants

[free text]

Regulation (EU) No 575/2013

Provisions

Information to be provided by the competent authority

010

Date of the last update of the information in this template

(dd/mm/yyyy)

020

Article 153(5)

Has the competent authority published guidance to specify how institutions should take into account the factors referred to in paragraph 5 of Article 153 when assigning risk weights to specialised lending exposures?

[Yes/No]

030

If so, please provide the reference to the national guidance

[reference to national text]

040

Is the national guidance available in English?

[Yes/No]

Regulation (EU) No 575/2013

Provisions

Description

Information to be provided by the competent authority

010

Date of the last update of the information in this template

(dd/mm/yyyy)

020

Article 201(2)

Publication of the list of financial institutions that are eligible providers of unfunded credit protection or guiding criteria for identifying these financial institutions

Competent authorities shall publish and maintain the list of financial institutions that are eligible providers of unfunded credit protection under point (f) of Article 201(1) of Regulation (EU) No 575/2013 or the guiding criteria for identifying such eligible providers

List of the financial institutions or guiding criteria for their identification

[free text – a hyperlink to such list or guiding criteria on the competent authority’s website can be provided]

030

Description of the applicable prudential requirements

Competent authorities shall publish a description of the applicable prudential requirements together with the list of the eligible financial institutions or the guiding criteria for identifying these financial institutions

Description of the prudential requirements applied by the competent authority

[free text]

040

Article 227(2), point (e)

Condition for applying a 0 % volatility adjustment

Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the transaction is settled in a settlement system proven for that type of transaction

Detailed description on how the competent authority considers the settlement system as a proven system

[free text]

050

Article 227(2), point (f)

Condition for applying a 0 % volatility adjustment

Under the Financial collateral Comprehensive Method institutions may apply a 0 % volatility adjustment provided that the documentation covering the agreement or transaction is standard market documentation for repurchase transactions or securities lending or borrowing transactions in the securities concerned

Specification of the documentation to be considered as standard market documentation

[free text]

060

Article 229(1)

Valuation principles for immovable property collateral under the IRB approach

The immovable property may be valued by an independent valuer at or at less than the mortgage lending value in the Member States that have laid down rigorous criteria for the assessment of this mortgage lending value in statutory or regulatory provisions

Criteria set out in the national legislation for the assessment of the mortgage lending value

[free text]

Directive 2013/36/EU

Regulation (EU) No 575/2013

Provision

Information to be provided by the competent authority

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Article 106(1), point (a)

Competent authorities may require institutions to publish information referred to in Part Eight of Regulation (EU) No 575/2013 more than once per year, and to set deadlines for publication

Frequency and deadlines for publication applicable to institutions

[free text]

030

Article 106(1), point (b)

Competent authorities may require institutions to use specific media and locations for publications other than the financial statements

Types of specific media to be used by institutions

[free text]

Regulation (EU) No 575/2013

Provisions

Description

Information to be provided by the competent authority

010

Date of the last update of the information in this template

(dd/mm/yyyy)

020

Article 7(1) and (2) (Individual waivers for subsidiaries)

Waiver of the application on an individual basis of prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402

The waiver may be granted to any subsidiary of an institution, where both the subsidiary and the institution are subject to authorisation and supervision by the Member State concerned, and the subsidiary is included in the supervision on a consolidated basis of the institution which is the parent undertaking, and all conditions in letters (a) to (d) of Article 7(1) are satisfied.

Criteria to be applied by the competent authority to assess that the conditions in letters (a) to (d) of Article 7(1) are met.

[free text]

030

Article 7(3) (Individual waivers for parent institutions)

Waiver of the application on an individual basis of prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402

The waiver may be granted to a parent institution in a Member State where that institution is subject to authorisation and supervision by the Member State concerned, and it is included in the supervision on a consolidated basis, provided that the conditions set out in points (a) and (b) of Article 7(3) are satisfied.

Criteria to be applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities and that the risk evaluation, measurement and control procedures relevant for consolidated supervision cover the parent institution in a Member State.

[free text]

040

Article 8(1) and (2) (Liquidity waivers for subsidiaries)

Waiver of the application on an individual basis of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 where all conditions in letters (a) to (d) of Article 8(1) are satisfied

The waiver may be granted to institutions within a sub-group provided that these institutions satisfy the conditions laid down in letters (a) to (d) of Article 8(1). Among these the requirement that they have entered into contracts that, to the satisfaction of the competent authorities, provide for the free movement of funds between them to enable them to meet their individual and joint obligations as they become due pursuant to point (c) of Article 8(1).

Criteria to be applied by the competent authority to assess whether the conditions in letters (a) to (d) of Article 8(1) are met.

[free text]

Article 8(3) (Cross-border liquidity waivers)

Waiver of the application of liquidity requirements set out in Part Six of Regulation (EU) No 575/2013 where institutions of the single liquidity sub-group are authorised in several member States.

The waiver may be granted to the institutions within the single sub-group whose competent authorities agree on the elements set out in letters (a) to (f) of Article 8(3) and after following the procedure set out in Article 21.

Criteria to be applied by the competent authority to assess whether the elements set out in letters (a) to (f) of Article 8(3) are met.

[free text]

050

Article 9(1) (Individual consolidation method)

Permission granted to parent institutions to incorporate subsidiaries in the calculation of their prudential requirements set out in Parts Two, Three, Four, Seven, Seven A and Eight of Regulation (EU) No 575/2013 and in Chapter 2 of Regulation (EU) 2017/2402

The permission is granted only where the parent institution demonstrates fully to the competent authorities that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds, or repayment of liabilities when due by the subsidiary incorporated in the calculation of requirements to its parent institution pursuant to Article 9(2).

Criteria to be applied by the competent authority to assess that there is no obstacle to the prompt transfer of own funds or repayment of liabilities

[free text]

060

Article 10 (Credit institutions permanently affiliated to a central body)

Exemption from the application on an individual basis of prudential requirements set out in Parts Two to Eight of Regulation (EU) No 575/2013 and Chapter 2 of Regulation (EU) 2017/2402

Member States may maintain and make use of existing national legislation regarding the application of the waiver as long as it does not conflict with the Regulation (EU) No 575/2013 or Directive 2013/36/EU

Applicable national law / regulation regarding the application of the waiver

[reference to national text]

Directive 2013/36/EU

Assessment criteria and information that is necessary for assessing the suitability of the proposed acquirer seeking to acquire a credit institution and the financial soundness of the proposed acquisition

Information to be provided by the competent authority

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Article 23(1), point (a)

Reputation of the proposed acquirer

Description on how the competent authority assesses the integrity of the proposed acquirer

[free text]

030

Description on how the competent authority assesses the professional competence of the proposed acquirer

[free text]

040

Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU

[free text]

050

Article 23(1), point (b)

Reputation, knowledge, skills and experience of any member of the management body who will direct the business of the credit institution

Description on how the competent authority assesses the reputation, knowledge, skills and experience of members of management body

[free text]

060

Article 23(1), point (c)

Financial soundness of the proposed acquirer

Description on how the competent authority assesses the financial soundness of the proposed acquirer

[free text]

070

Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU

[free text]

080

Article 23(1), point (d)

Compliance of the credit institution with the prudential requirements

Description on how the competent authority assesses whether or not the credit institution will be able to comply with the prudential requirements

[free text]

090

Article 23(1), point (e)

Suspicion of money laundering or terrorist financing

Description on how the competent authority assesses whether or not there are reasonable grounds to suspect money laundering or terrorist financing

[free text]

100

Practical details on the cooperation process between competent authorities pursuant to Article 24 of Directive 2013/36/EU

[free text]

110

Article 23(4)

List specifying the information to be provided to the competent authorities at the time of notification

List of information that must be provided by the proposed acquirer at the time of notification in order for the competent authority to carry out the assessment of the proposed acquirer and the proposed acquisition

[free text]

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Implementation of the reporting on financial information in accordance with the Commission Implementing Regulation (EU) 2021/451

030

Is the application of the requirement set out in Article 430(3) of Regulation (EU) No 575/2013 extended to institutions which do not apply international accounting standards as applicable under Regulation (EC) No 1606/2002?

[Yes/No]

040

If so, what accounting frameworks apply to these institutions?

[free text]

050

If so, which is the level of application of the reporting? (solo/consolidated/sub-consolidated basis)

[free text]

060

Is the application of requirement set out in Article 430(3) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms?

[Yes/No]

070

If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements?

[free text]

080

If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)?

[free text]

090

Are XBRL standards used for submitting the reporting to the competent authority?

[Yes/No]

100

Implementation of the reporting on own funds and own funds requirements in accordance with Commission Implementing Regulation (EU) 2021/451

110

Is the application of requirements set out in Article 430(1), point (a) of Regulation (EU) No 575/2013 extended to financial entities other than credit institutions or investment firms?

[Yes/No]

120

If so, what accounting frameworks apply to these financial entities?

[free text]

130

If so, what types of financial entities (e.g. financial firms) are subject to these reporting requirements?

[free text]

140

If so, what is the size of these financial entities in terms of total balance sheet (on a solo basis)?

[free text]

150

Are XBRL standards used for submitting the reporting to the competent authority?

[Yes/No]