Guidelines on the provision of information in summary or collective form for the purposes of Article 84(3) of Directive 2014/59/EU

1
EBA/GL/2016/03
19/07/2016
Guidelines on the provision of information in summary or collective form for the purposes of Article 84(3) of Directive 2014/59/EU

GUIDELINES ON HOW INFORMATION SHOULD BE PROVIDED IN SUMMARY OR COLLECTIVE FORM 2
1. Compliance and reporting
obligations
Status of these guidelines
1. This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No
1093/20101
. In accordance with Article 16(3) of Regulation (EU) No 1093/2010, competent authorities and financial institutions must make every effort to comply with the guidelines.
2. Guidelines set the EBA view of appropriate supervisory practices within the European System
of Financial Supervision or of how Union law should be applied in a particular area. Competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010 to whom guidelines apply should comply by incorporating them into their practices as appropriate (e.g. by amending their legal framework or their supervisory processes), including where guidelines are directed primarily at institutions. Reporting requirements
3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must
notify the EBA as to whether they comply or intend to comply with these guidelines, or otherwise with reasons for non-compliance, by 19.09.2016. In the absence of any notification by this deadline, competent authorities will be considered by the EBA to be non-compliant. Notifications should be sent by submitting the form available on the EBA website to compliance@eba.europa.eu with the reference ‘EBA/GL/2016/03’. Notifications should be submitted by persons with appropriate authority to report compliance on behalf of their competent authorities. Any change in the status of compliance must also be reported to the EBA.
4. Notifications will be published on the EBA website, in line with Article 16(3).

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 and repealing Commission Decision 2009/78/EC, (OJ L 331, 15.12.2010, p.12).

GUIDELINES ON HOW INFORMATION SHOULD BE PROVIDED IN SUMMARY OR COLLECTIVE FORM 3
2. Subject matter, scope and definitions
Subject matter
5. These guidelines specify how information should be provided in summary or collective form
for the purposes of Article 84(3) of Directive 2014/59/EU2 , pursuant to the mandate conferred on the EBA in Article 84(7) of that Directive. Scope of application
6. These guidelines apply in relation to the disclosure of confidential information in summary or
collective form for the purposes of Article 84(3) of Directive 2014/59/EU by the persons referred to in Article 84(1) of that Directive. Addressees
7. These guidelines are addressed to competent authorities as defined in point (i) and resolution
authorities as defined in point (iv) of Article 4(2) of Regulation (EU) No 1093/2010 and to financial institutions as defined in Article 4(1) of that Regulation. Definitions
8. Unless otherwise specified, terms used and defined in Directive 2014/59/EU have the same
meaning in the guidelines.
3. Implementation
Date of application
9. Competent authorities should implement these guidelines by [6 months from the date of
publication of the translation of the guidelines in all EU official languages on the EBA’s website]

2 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms (OJ L 173 of 12 June 2014, p. 190).

GUIDELINES ON HOW INFORMATION SHOULD BE PROVIDED IN SUMMARY OR COLLECTIVE FORM 4
4. Provision of information in summary
or collective form
10. For the purposes of disclosing information in summary or collective form according to
Article 84(3) of Directive 2014/59/EU, such that individual institutions or entities referred to
in point (b), (c) or (d) of Article 1(1) of that Directive cannot be identified, the information should be provided either by means of a brief statement or on an aggregate basis, in anonymised form.
11. For the purposes of paragraph 10 of these guidelines all the following factors should be
considered in order to ensure that the information in summary or collective form is disclosed in anonymised form:
11.1. Number of institutions: if the confidential information relates to fewer than three
institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU, disclosure should be avoided, unless the specific patterns, as specified in point 11.2 of this paragraph, and the context of disclosure, as specified in point 11.3 of this paragraph, do not create a risk of those individual institutions or entities being identified.
11.2. Specific patterns: when disclosing confidential information any reference to specific
characteristics, distinctive features, names or to numerical, qualitative or other distinctive data allowing identification of the individual institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU should be avoided.
11.3. Context of disclosure: disclosure of confidential information should be avoided when a
set of circumstances such as the means of the disclosure, the number and the characteristics of the addressees, the timing of the disclosure and any other distinctive circumstance creates a risk of the individual institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU being identified.