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Document 32016R0200
Commission Implementing Regulation (EU) 2016/200 of 15 February 2016 laying down implementing technical standards with regard to disclosure of the leverage ratio for institutions, according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/200 of 15 February 2016 laying down implementing technical standards with regard to disclosure of the leverage ratio for institutions, according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/200 of 15 February 2016 laying down implementing technical standards with regard to disclosure of the leverage ratio for institutions, according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)
C/2016/744
OJ L 39, 16.2.2016, p. 5–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 27/06/2021; Repealed by 32021R0637
16.2.2016 |
EN |
Official Journal of the European Union |
L 39/5 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/200
of 15 February 2016
laying down implementing technical standards with regard to disclosure of the leverage ratio for institutions, according to Regulation (EU) No 575/2013 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular the third subparagraph of Article 451(2) thereof,
Whereas:
(1) |
The objective of uniform disclosure templates is to help improve transparency and comparability of leverage ratio figures. Therefore, rules for disclosure of the leverage ratio by institutions supervised under Directive 2013/36/EU of the European Parliament and of the Council (2) should be consistent with international standards as reflected in the Revised Basel III leverage ratio framework and disclosure requirements of the Basel Committee on Banking Supervision (BCBS) adapted to take into account the Union regulatory framework and its specificities, as laid down in Regulation (EU) No 575/2013. |
(2) |
For the same reasons of improving transparency and comparability of leverage ratio figures, it is appropriate that one of the templates for the disclosure of the leverage ratio provides a breakdown of leverage ratio total exposure measure sufficiently granular to identify the main composition of the leverage ratio, as well as the on-balance sheet exposure, which is usually the biggest part of the leverage ratio total exposure measure. |
(3) |
Article 429(2) of Regulation (EU) No 575/2013, as amended by Regulation (EU) 2015/62 (3), no longer requires the calculation of the leverage ratio as the simple arithmetic mean of the monthly leverage ratios over a quarter but only requires a calculation as at the end of the quarter. As a result, there should no longer be any need for competent authorities to provide the permission to calculate the end-of-quarter leverage ratio referred to in Article 499(3) of Regulation (EU) No 575/2013. Therefore, the uniform disclosure templates for the disclosure of the leverage ratio no longer need to include any specification about how the institution applies Article 499(3). |
(4) |
Where, in accordance with the second subparagraph of Article 13(1) of Regulation (EU) No 575/2013, institutions have the obligation to disclose any information on the leverage ratio at sub-consolidated level and in order to keep the administrative burden proportionate to the objectives of the rules on leverage ratio disclosure, rules on the leverage ratio disclosure should not require those institutions to complete and publish the template entitled ‘LRSpl’ at sub-consolidated level. This disclosure template is required to be completed and published at the consolidated level and its publication at sub-consolidated level would not provide any considerable added value, given that further breakdown of the total exposure measure for the sub-consolidated level is already provided via the completion of the template entitled ‘LRCom’. Furthermore, publication of the LRSpl template could add considerable burden on institutions as they cannot easily derive such a template from the respective supervisory reporting framework, which is not applicable at sub-consolidated level. |
(5) |
The scope of consolidation and the valuation methods for accounting purposes and for regulatory purposes can be different, and this results in differences between the information used in the calculation of the leverage ratio and the information used in the published financial statements. In order to reflect this discrepancy, it is also necessary to disclose the difference between the values in the financial statements and the values under the regulatory scope of consolidation of elements in the financial statements that are used to calculate the leverage ratio. Therefore, a reconciliation between the two should also be presented in a template. |
(6) |
To facilitate comparability of the information disclosed, a uniform template and detailed instructions should also be provided for the description and disclosure of processes used to manage the risk of excessive leverage, and factors that had an impact on the leverage ratio during the period to which the disclosed leverage ratio refers. |
(7) |
Article 451(1) of Regulation (EU) No 575/2013 started to apply from 1 January 2015. To ensure that the obligation to disclose the information related to the leverage ratio is carried out by institutions in an effective and harmonised manner across the Union the soonest possible, it is necessary to require that institutions use the templates for disclosure of such information at the earliest possible date. |
(8) |
This Regulation is based on the draft implementing technical standards submitted by the European Banking Authority to the European Commission. |
(9) |
The European Banking Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (4), |
HAS ADOPTED THIS REGULATION:
Article 1
Disclosure of the leverage ratio and application of Article 499(2) of Regulation (EU) No 575/2013
Institutions shall disclose the relevant information regarding the leverage ratio and the application of Article 499(2) of Regulation (EU) No 575/2013, as referred to in point (a) of Article 451(1) of that Regulation, by completing and publishing rows 22 and EU-23 of the template entitled ‘LRCom’ set out in Annex I in accordance with the instructions set out in Annex II.
Article 2
Change of the decision on which leverage ratio to disclose
1. Where, in accordance with Article 499(2) of Regulation (EU) No 575/2013, institutions change their choice of leverage ratio to be disclosed, they shall disclose the reconciliation of the information on all leverage ratios disclosed up to the moment of that change by completing and publishing the templates entitled ‘LRSum’, ‘LRCom’, ‘LRSpl’ and ‘LRQua’ set out in Annex I for each of the reference dates corresponding to the leverage ratios disclosed up to the moment of the change.
2. Institutions shall disclose the items referred to in paragraph 1 in the first disclosure that occurs after the change of choice of leverage ratio.
Article 3
Breakdown of the leverage ratio total exposure measure
1. Institutions shall disclose the breakdown of the leverage ratio total exposure measure, as referred to in point (b) of Article 451(1) of Regulation (EU) No 575/2013, by completing and publishing both of the following:
(a) |
rows 1 to EU-19b of the template entitled ‘LRCom’ set out in Annex I in accordance with the instructions set out in in Annex II; |
(b) |
rows EU-1 to EU-12 of the template entitled ‘LRSpl’ set out in Annex I in accordance with the instructions set out in in Annex II. |
2. By way of derogation from paragraph 1(b), where institutions are required, by virtue of the second subparagraph of Article 13(1) of Regulation (EU) No 575/2013 to disclose information on a sub-consolidated basis, they shall not be required to complete and publish the template entitled ‘LRSpl’ of Annex I on a sub-consolidated basis.
Article 4
Reconciliation of leverage ratio to published financial statements
1. Institutions shall disclose the reconciliation of the leverage ratio total exposure measure to the relevant information in published financial statements, as referred to in point (b) of Article 451(1) of Regulation (EU) No 575/2013, by completing and publishing the template entitled ‘LRSum’ set out in Annex I in accordance with the instructions set out in Annex II.
2. Where institutions do not publish financial statements at the level of application referred to in paragraph 6 of Part 1 of Annex II they shall not be required to complete and publish the template entitled ‘LRSum’ set out in Annex I.
Article 5
Disclosure of the amount of derecognised fiduciary items
Institutions shall disclose, where applicable, the amount of derecognised fiduciary items, as referred to in point (c) of Article 451(1) of Regulation (EU) No 575/2013, by completing and publishing row EU-24 of the template entitled ‘LRCom’ set out in Annex I, in accordance with the instructions in Annex II.
Article 6
Disclosure of qualitative information on risk of excessive leverage and factors impacting the leverage ratio
Institutions shall disclose the description of the processes used to manage the risk of excessive leverage and of the factors that have had an impact on the leverage ratio during the period to which the disclosed leverage ratio refers, as referred to in points (d) and (e) of Article 451(1) of Regulation (EU) No 575/2013, by completing and publishing the template entitled ‘LRQua’ set out in Annex I in accordance with the instructions set out in Annex II.
Article 7
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 176, 27.6.2013, p. 1.
(2) 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 and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
(3) Commission Delegated Regulation (EU) 2015/62 of 10 October 2014 amending Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to the leverage ratio (OJ L 11, 17.1.2015, p. 37).
(4) 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).
ANNEX I
CRR Leverage Ratio — Disclosure Template
Reference date |
|
Entity name |
|
Level of application |
|
Table LRSum: Summary reconciliation of accounting assets and leverage ratio exposures
|
|
Applicable Amount |
1 |
Total assets as per published financial statements |
|
2 |
Adjustment for entities which are consolidated for accounting purposes but are outside the scope of regulatory consolidation |
|
3 |
(Adjustment for fiduciary assets recognised on the balance sheet pursuant to the applicable accounting framework but excluded from the leverage ratio total exposure measure in accordance with Article 429(13) of Regulation (EU) No 575/2013) |
|
4 |
Adjustments for derivative financial instruments |
|
5 |
Adjustment for securities financing transactions (SFTs) |
|
6 |
Adjustment for off-balance sheet items (ie conversion to credit equivalent amounts of off-balance sheet exposures) |
|
EU-6a |
(Adjustment for intragroup exposures excluded from the leverage ratio total exposure measure in accordance with Article 429(7) of Regulation (EU) No 575/2013) |
|
EU-6b |
(Adjustment for exposures excluded from the leverage ratio total exposure measure in accordance with Article 429(14) of Regulation (EU) No 575/2013) |
|
7 |
Other adjustments |
|
8 |
Leverage ratio total exposure measure |
|
Table LRCom: Leverage ratio common disclosure
|
|
CRR leverage ratio exposures |
On-balance sheet exposures (excluding derivatives and SFTs) |
||
1 |
On-balance sheet items (excluding derivatives, SFTs and fiduciary assets, but including collateral) |
|
2 |
(Asset amounts deducted in determining Tier 1 capital) |
|
3 |
Total on-balance sheet exposures (excluding derivatives, SFTs and fiduciary assets) (sum of lines 1 and 2) |
|
Derivative exposures |
||
4 |
Replacement cost associated with all derivatives transactions (ie net of eligible cash variation margin) |
|
5 |
Add-on amounts for PFE associated with all derivatives transactions (mark-to-market method) |
|
EU-5a |
Exposure determined under Original Exposure Method |
|
6 |
Gross-up for derivatives collateral provided where deducted from the balance sheet assets pursuant to the applicable accounting framework |
|
7 |
(Deductions of receivables assets for cash variation margin provided in derivatives transactions) |
|
8 |
(Exempted CCP leg of client-cleared trade exposures) |
|
9 |
Adjusted effective notional amount of written credit derivatives |
|
10 |
(Adjusted effective notional offsets and add-on deductions for written credit derivatives) |
|
11 |
Total derivatives exposures (sum of lines 4 to 10) |
|
SFT exposures |
||
12 |
Gross SFT assets (with no recognition of netting), after adjusting for sales accounting transactions |
|
13 |
(Netted amounts of cash payables and cash receivables of gross SFT assets) |
|
14 |
Counterparty credit risk exposure for SFT assets |
|
EU-14a |
Derogation for SFTs: Counterparty credit risk exposure in accordance with Articles 429b(4) and 222 of Regulation (EU) No 575/2013 |
|
15 |
Agent transaction exposures |
|
EU-15a |
(Exempted CCP leg of client-cleared SFT exposure) |
|
16 |
Total securities financing transaction exposures (sum of lines 12 to 15a) |
|
Other off-balance sheet exposures |
||
17 |
Off-balance sheet exposures at gross notional amount |
|
18 |
(Adjustments for conversion to credit equivalent amounts) |
|
19 |
Other off-balance sheet exposures (sum of lines 17 and 18) |
|
Exempted exposures in accordance with Article 429(7) and (14) of Regulation (EU) No 575/2013 (on and off balance sheet) |
||
EU-19a |
(Intragroup exposures (solo basis) exempted in accordance with Article 429(7) of Regulation (EU) No 575/2013 (on and off balance sheet)) |
|
EU-19b |
(Exposures exempted in accordance with Article 429 (14) of Regulation (EU) No 575/2013 (on and off balance sheet)) |
|
Capital and total exposure mesure |
||
20 |
Tier 1 capital |
|
21 |
Leverage ratio total exposure measure (sum of lines 3, 11, 16, 19, EU-19a and EU-19b) |
|
Leverage ratio |
||
22 |
Leverage ratio |
|
Choice on transitional arrangements and amount of derecognised fiduciary items |
||
EU-23 |
Choice on transitional arrangements for the definition of the capital measure |
|
EU-24 |
Amount of derecognised fiduciary items in accordance with Article 429(11) of Regulation (EU) No 575/2013 |
|
Table LRSpl: Split-up of on balance sheet exposures (excluding derivatives, SFTs and exempted exposures)
|
|
CRR leverage ratio exposures |
EU-1 |
Total on-balance sheet exposures (excluding derivatives, SFTs, and exempted exposures), of which: |
|
EU-2 |
Trading book exposures |
|
EU-3 |
Banking book exposures, of which: |
|
EU-4 |
Covered bonds |
|
EU-5 |
Exposures treated as sovereigns |
|
EU-6 |
Exposures to regional governments, MDB, international organisations and PSE not treated as sovereigns |
|
EU-7 |
Institutions |
|
EU-8 |
Secured by mortgages of immovable properties |
|
EU-9 |
Retail exposures |
|
EU-10 |
Corporate |
|
EU-11 |
Exposures in default |
|
EU-12 |
Other exposures (eg equity, securitisations, and other non-credit obligation assets) |
|
CRR Leverage Ratio — Disclosure Template
Table LRQua: Free format text boxes for disclosure on qualitative items
|
Column |
|
|
Free format |
|
Row |
|
|
1 |
Description of the processes used to manage the risk of excessive leverage |
|
2 |
Description of the factors that had an impact on the leverage Ratio during the period to which the disclosed leverage Ratio refers |
|
ANNEX II
INSTRUCTIONS FOR THE COMPLETION OF THE TEMPLATES IN ANNEX I
PART 1: GENERAL INSTRUCTIONS
1. Conventions and reference data
1.1. Conventions
1. |
The following general notation is followed in the instructions: {Template;Row}. |
2. |
The following notation is followed where the instructions cross refer to cell(s) in Annex XI of Commission Implementing Regulation (EU) No 680/2014: {Annex XI SupRep;Template;Row;Column}. |
3. |
For the purpose of the disclosure of the leverage ratio, ‘of which’ shall refer to an item that is a subset of a higher level exposure category. |
4. |
Just as is the case for the entire titles of these rows, institutions shall disclose the values in rows {LRCom;2}, {LRCom;7}, {LRCom;8}, {LRCom;10}, {LRCom;13}, {LRCom;EU-15a}, {LRCom;18}, {LRCom;EU-19a}, and {LRCom;EU-19b} between brackets as the values disclosed in these rows reduce the leverage ratio exposure. Institutions shall ensure that these values contribute negatively to the sums to be disclosed in {LRCom;3}, {LRCom;11}, {LRCom;16}, {LRCom;19}, and {LRCom;21}. |
1.2. Reference data
5. |
In the cell ‘Reference date’ institutions shall insert the date which all information that they disclose in templates LRSum, LRCom and LRSpl refer to. This date shall be the last calendar day of the third month of the respective quarter. |
6. |
In the cell ‘Entity name’ institutions shall insert the name of the entity to which the data provided in templates LRSum, LRCom, LRSpl, and LRQua refer. |
7. |
In the cell ‘Level of application’ institutions shall indicate the level of application that forms the basis for the data provided in the templates. When completing this cell institutions shall select one of the following:
|
1.3. Reference data
8. |
For the purposes of this annex and related templates the following abbreviations are used:
|
PART 2: TEMPLATE-SPECIFIC INSTRUCTIONS
2. Template LRSum: Summary reconciliation of accounting assets and leverage ratio exposures
9. |
Institutions shall apply the instructions provided in this section in order to complete template LRSum of Annex I.
|
3. Template LRCom: Leverage ratio common disclosure
10. |
Institutions shall apply the instructions provided in this section in order to complete template LRCom of Annex I.
|
4. Template LRSpl: Split-up of on-balance sheet exposures (excluding derivatives and SFTs)
11. |
Institutions shall apply the instructions provided in this section in order to complete template LRSpl of Annex I.
|
5. Template LRQua: Free format text boxes for disclosure on qualitative items
12. |
Institutions shall complete template LRQua of Annex I by applying the following.
|