2020-06-11
Added
Competent authorities must submit EUCLID Data exclusively through the European Centralised Infrastructure of Data (EUCLID), unless the EBA Executive Director explicitly permits other means. Where the European Central Bank or the Single Resolution Board has already submitted data, competent authorities are prohibited from re-submitting those data to the EBA. The EBA is empowered to develop EUCLID Instructions and amend the Annex to include additional Data Reporting Obligations, while competent authorities must warrant data quality and update Master Data without undue delay.
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EBA/DC/2020/335
EBA Regular Use
Decision of the European Banking
Authority of 05.06.2020 concerning the European Centralised Infrastructure of Data (EUCLID) The Board of Supervisors Having regard to (1) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC 1 and repealing Commission Decision 2009/78/EC1 (the ‘EBA Regulation’ and ‘the EBA’), in particular Articles 2(4), 8, 9, 21, 22, 29 to 33, 35, 36, 48 (1), 53 (3), 70, 72 and 75 thereof; (2) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (the ‘Capital Requirements Regulation’ or ‘CRR’) 2 ; (3) Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (the ‘Capital Requirements Directive’ or ‘CRD’)3 ; (4) Council Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (the ‘Single Supervisory Mechanism Regulation’ or ‘SSMR’)4 ;
1 OJ L331, 15.12.2010, p. 12
2 OJ L 176, 27.6.2013, p. 1
3 OJ L 173, 27.6.2013, p. 338
4 OJ L 287, 29.10.2013 p. 63
(5) Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (the ‘Bank Recovery and Resolution Directive’ or ‘BRRD’)5 ; (6) Regulation (EU) No 806/2014 of the European Parliament and of the Council establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (the ‘Single Resolution Mechanism Regulation’ or ‘SRMR’)6 ; (7) Commission Implementing Regulation No (EU) 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (EU) No 680/2014 (the ‘Reporting Regulation’)7 ; (8) Commission Delegated Regulation (EU) 2017/180 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for benchmarking portfolio assessment standards and assessment-sharing procedures (the ‘Supervisory Benchmarking RTS’)8 ; (9) The Commission Delegated Regulation No 1222/2014 with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions (G-SIIs) 9 and Revised guidelines on the further specification of the indicators of global systemic importance and their disclosure (‘Guidelines on disclosure of G-SIIs‘)10; (10)Commission Delegated Regulation (EU) 2019/411 of 29 November 2018 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards setting technical requirements on development, operation and maintenance of the electronic central register within the field of payment services and
5 OJ L 173, 12.6.2014, p. 190
6 OJ L 225, 30.7.2014, p. 1
7 OL L191. 28.06.2014, p. 1
8 OJ L 27, 3.2.2017 p. 1
9 OJ L 330, 15.11.2014, p. 27–36
10https://eba.europa.eu/regulation-and-policy/own-funds/guidelines-for-the-identification-of-global-systemicallyimportant-institutions-g-siis-
on access to the information contained therein (‘Regulation on Payment Institutions Register’)11; (11)Commission Implementing Regulation (EU) 2019/410 of 29 November 2018 laying down implementing technical standards with regard to the details and structure of the information to be notified, in the field of payment services, by competent authorities to the European Banking Authority pursuant to Directive (EU) 2015/236612; (12)Commission Implementing Regulation (EU) 2016/2070 laying down implementing technical standards for templates, definitions and IT-solutions to be used by institutions when reporting to the European Banking Authority and to competent authorities in accordance with Article 78(2) of Directive 2013/36/EU of the European Parliament and of the Council (the ‘Supervisory Benchmarking ITS’)13; (13)Decision of the EBA Board of Supervisors on reporting by competent authorities to the EBA (EBA/DC/2020/334) (the ‘Reporting Decision’)14; (14)Decision of the EBA Board of Supervisors establishing the EBA Credit Institution Register (EBA/DC/2013/432) (the ‘CIR Decision’); (15)Decision of the European Banking Authority on data for supervisory benchmarking (EBA/DC/2020/337) (the ‘Supervisory Benchmarking Reporting Decision’)15; (16)Decision of the European Banking Authority on resolution reporting data (EBA/DC/2019/268) (the ‘Resolution Reporting Decision’)16; (17)EBA Guidelines on harmonized definition and templates for funding plans of credit institutions under Recommendation A4 of ESRB/2012/02, of 19 June 2014 (EBA/GL/2014/04)17 as replaced with effect from 31 December 2020 by the EBA Guidelines on harmonised definitions and templates for funding plans of credit institutions under
11 OJ L 73, 15.3.2019, p. 84
12 OJ L 73, 15.3.2019, p. 20
13 OJ L 328. 2.12.2016 p. 1
14https://eba.europa.eu/sites/default/documents/files/document_library/Risk%20Analysis%20and%20Data/Reporting %20by%20Authorities/885460/Decision%20on%20supervisory%20reporting%20by%20competent%20authorities%20to %20the%20EBA.pdf https://eba.europa.eu/sites/default/documents/files/document_library/Risk%20Analysis%20and%20Data/Reporting%2 0by%20Authorities/885461/Decision%20on%20data%20for%20supervisory%20benchmarking.pdf https://eba.europa.eu/sites/default/documents/files/document_library/Risk%20Analysis%20and%20Data/Reporting%2 0by%20Authorities/885458/Decision%20on%20resolution%20reporting%20by%20resolution%20authorities%20to%20t he%20EBA.pdf 17https://eba.europa.eu/sites/default/documents/files/documents/10180/742799/69a06e39-5f9c-4e7f-b240- 2c66f09a83c5/EBA-GL-2014- 04%20%28Guidelines%20on%20Harmonised%20Definitions%20and%20Templates%20for%20Funding%20Plans%29.pdf ?retry=1
Recommendation of the European Systemic Risk Board of 20 December 2012 (ESRB/2012/2), of 9 December 2019 (EBA/GL/2019/05)18 (collectively referred to as the ‘Funding Plan Guidelines’); (18)EBA Guidelines (EBA/GL/2014/07)19 on the data collection exercise regarding high earners of 16 July 2014 (‘Remuneration Guidelines on High earners’), and EBA Guidelines (EBA/GL/2014/08) 20 on the remuneration benchmarking exercise of 16 July 2014 (‘Guidelines on Remuneration Benchmarking’), both referred to as the ‘Internal Governance Reporting Guidelines’; (19)EBA Guidelines (EBA/GL/2014/10) 21 on criteria to assess other systemically important institutions of 16 December 2014 (‘Guidelines on disclosure of O-SIIs‘); (20)EBA Guidelines (EBA/GL/2018/05) on fraud reporting under the Payment Services Directive (PSD2)22; (21)EBA Guidelines (EBA/GL/2020/07) 23 on supervisory reporting and disclosure of exposures subject to moratoria on loan repayments and public guarantees applied in response to COVID-19 crisis of 2 June 2020. Whereas:
(1) The EBA has, among others, as main tasks to ‘monitor and assess market developments in the area of its competence’, to ‘contribute to the development of a common supervisory culture’ and ‘perform a general coordination function’ also by means of ‘facilitating the exchange of information between competent authorities’, to ‘duly consider systemic risk’, ‘assess the existence of emergency situations’ and take proper action, to ‘undertake economic analyses’, ‘conduct publications and update regularly information relating to the field of its activities’, and to ‘cooperate closely with the ESRB’ in particular with regard to ‘the implementation of its warnings and recommendations’. (2) Provisions of legal acts, such as the CRR, the CRD, the Reporting Regulation, the Supervisory Benchmarking RTS and ITS, the Internal Governance Reporting Guidelines, the Reporting Decision, the Resolution Reporting Decision the Supervisory Benchmarking Reporting Decision, Guidelines on disclosure of G-SIIs, Guidelines on disclosure of O-SIIs, require that the
18https://eba.europa.eu/sites/default/documents/files/document_library/Regulation%20and%20Policy/Supervisory%2 0Reporting/Updated%20Guidelines%20on%20harmonised%20definitions%20and%20templates%20for%20funding%20 plans%20of%20credit%20institutions/883342/Final%20report%20on%20updated%20GL%20Funding%20Plans.pdf 19https://eba.europa.eu/sites/default/documents/files/documents/10180/757283/da42488f-09c1-4558-ae4e6258e11b8345/EBA-GL-2014-07%20%28GLs%20on%20high%20earners%20data%20collection%29.pdf 20 www.eba.europa.eu/regulation-and-policy/remuneration/guidelines-on-the-remuneration-benchmarking-exercise 21https://eba.europa.eu/regulation-and-policy/own-funds/guidelines-on-criteria-to-to-assess-other-systemicallyimportant-institutions-o-siis22 https://eba.europa.eu/sites/default/documents/files/documents/10180/2281937/5653b876-90c9-476f-9f44- 507f5f3e0a1e/Final%20report%20on%20Guidelines%20on%20fraud%20reporting%20under%20Article%2096%286%29 %20PSD2%20%28EBA-GL-2018-05%29.pdf 23https://eba.europa.eu/sites/default/documents/files/document_library/Publications/Guidelines/2020/884434/EBA% 20GL%202020%2007%20Guidelines%20on%20Covid%20-19%20measures%20reporting%20and%20disclosure.pdf
competent authorities as defined in Article 4 (2) EBA Regulation submit to the EBA data which they receive from institutions. Furthermore, for the performance of its tasks, the EBA shall collect the necessary information concerning financial institutions as provided for in Article 35 of the EBA Regulation. (3) To ensure that data are submitted, recorded and managed in the most efficient way, there is a need to develop a dynamic platform whereby data will be submitted to the EBA, managed by EBA and shared as appropriate among the relevant competent authorities. (4) To achieve maximum data quality, ensure consistency of data submitted to the EBA, the European Central Bank (ECB) and the SRB, avoid duplication of reporting requirements and ensure a proportionate approach within the banking union, a sequential approach should be encouraged: where data referred to in this Decision has been submitted to the ECB or to the SRB by the competent authorities, the ECB or SRB forwards those data to the EBA in accordance with this Decision, then those competent authorities should refrain from re-submitting those data to the EBA. Has decided as follows:
Article 1 – Definitions
For the purposes of this Decision, the following definitions shall apply:
(a) ‘Competent authorities’ means authorities referred to in point (2) of Article 4 of the EBA Regulation. (b) ‘Institutions’ means financial institutions referred to in point (1) of Article 4 of the EBA Regulation for which a Data Reporting Obligation exists. (c) ‘Data Reporting Obligation’ means any obligation of the competent authorities to submit information to the EBA, deriving from the CRR, the CRD, the Reporting Regulation, the Supervisory Benchmarking RTS and ITS, the Internal Governance Reporting Guidelines, the Reporting Decision, the Resolution Reporting Decision the Supervisory Benchmarking Reporting Decision, Guidelines on disclosure of G-SIIs, Guidelines on disclosure of O-SIIs and any other act referred to in the ANNEX. (a) ‘Master Data’ means, all necessary data, record, file, statistics or numbers, submitted to the EBA by a competent authority in accordance with the CIR Decision, the Regulation on Payment Institutions Register or in order to allow the EBA to specify the Data Reporting Obligations for each institution, as defined in EUCLID Instructions. (b) ‘Information’ means all necessary data, record, file, statistics, document or numbers, submitted to the EBA by a competent authority on the basis of a Data Reporting Obligation. (c) ‘EUCLID Data’ means Master Data and Information.
(d) ‘EUCLID’ means the European Centralised Infrastructure of Data and refers to the EBA platform for the submission, management and sharing of EUCLID Data from competent authorities and the EBA.
Article 2 - General
b. any technical specifications necessary, including without limitation formats, ranges and optionalities;
c. specifications on the quality and consistency checks;
d. technical specifications on the file exchange process.
4. The Decision of the Executive Director referred to in paragraph 1 shall specify any detail,
including any technical or other specification necessary for the full operationalization of the EUCLID Instructions for all EUCLID Data.
Article 4 - Master Data
Article 6 - Confidentiality and access in EUCLID
ANNEX
24 OJ L 330, 15.11.2014, p. 27–36.
26 https://eba.europa.eu/sites/default/documents/files/documents/10180/2281937/5653b876-90c9-476f-9f44- 507f5f3e0a1e/Final%20report%20on%20Guidelines%20on%20fraud%20reporting%20under%20Article%2096%286%29 %20PSD2%20%28EBA-GL-2018-05%29.pdf
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