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Article 4 - Reporting thresholds – entry and exit criteria

Article 4

Reporting thresholds – entry and exit criteria

1.   Small and non-complex institutions shall start reporting the information referred to in Annex I on the first reporting reference date following the date on which those institutions have met the criteria laid down in Article 4(1), point (145), of Regulation (EU) No 575/2013. Institutions that no longer meet those criteria shall stop reporting that information on the first reporting reference date following the date on which they no longer meet those criteria.

2.   Large institutions shall start reporting the information referred to in Annex I on the first reporting reference date following the date on which institutions have met the criteria laid down in Article 4(1), point (146) of Regulation (EU) No 575/2013. Institutions that no longer meet those criteria shall stop reporting that information subject on the first reporting reference date on which they no longer meet those criteria.

3.   Institutions shall start reporting the information referred to in Annex I subject to the thresholds set out in Article 5(2) and (3), Article 6(2) and (3), Articles 11 and 12, Article 15(2) to (5), and Articles 17 to 20 of this Regulation on the reporting reference date following the date on which those thresholds have been exceeded on two consecutive reporting reference dates. Institutions may stop reporting information subject to the thresholds set out in those Articles on the reporting reference date following the date on which they have fallen below the relevant thresholds on three consecutive reporting reference dates.

4.   By way of derogation from paragraph 3, institutions shall start reporting where they meet any of the following conditions in the 6 months preceding the reference date:

(a)

the institution concerned has been authorised to commence its activities as a credit institution pursuant to Article 8 of Directive 2013/36/EU of the European Parliament and of the Council (5);

(b)

the institution is an investment firm that is subject to Regulation (EU) No 575/2013 by virtue of exceeding the threshold set out in Article 4(1), point (1)(b), of that Regulation or by virtue of a decision of the competent authority in accordance with Article 5 of Directive (EU) 2019/2034 of the European Parliament and of the Council (6);

(c)

the institution is an entity that results from either the merger of at least two institutions or the split of an institution into at least two institutions.

5.   For the institutions referred to in paragraph 4, the following shall apply in relation to their reporting that is subject to the thresholds set out in Article 4 for the first two reference dates:

(a)

institutions that exceed the relevant threshold already on the first reference date shall report the information that is subject to that threshold both for the first and for the second reference dates;

(b)

institutions that exceed the relevant threshold only on the second reference date, institutions shall report the information that is subject to that threshold on the second reference date.

Institutions that have fallen below the relevant thresholds referred to in points (a) and (b) on three consecutive reporting reference dates may stop reporting information subject to the threshold on the next reporting reference date.


(5)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338, ELI: http://data.europa.eu/eli/dir/2013/36/oj).

(6)  Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64, ELI: http://data.europa.eu/eli/dir/2019/2034/oj).