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Document L:2023:241:FULL
Official Journal of the European Union, L 241, 29 September 2023
Official Journal of the European Union, L 241, 29 September 2023
Official Journal of the European Union, L 241, 29 September 2023
ISSN 1977-0677 |
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Official Journal of the European Union |
L 241 |
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English edition |
Legislation |
Volume 66 |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/1 |
COUNCIL DECISION (EU) 2023/2079
of 18 September 2023
on the conclusion, on behalf of the Union, of the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(6), point (a), thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) |
In accordance with Council Decision (EU) 2023/362 (2), the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services (‘the Agreement’) was signed on 20 February 2023, subject to its conclusion at a later date. |
(2) |
The objective of the Agreement is to bring bilateral air services agreements between 13 Member States and Japan in line with Union law. |
(3) |
The Agreement should be approved, |
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services is hereby approved on behalf of the Union (3).
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 6(1) of the Agreement (4).
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 18 September 2023.
For the Council
The President
L. PLANAS PUCHADES
(1) Consent of 11 July 2023 (not yet published in the Official Journal).
(2) Council Decision (EU) 2023/362 of 14 February 2023 on the signing, on behalf of the Union, of the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services (OJ L 50, 17.2.2023, p. 1).
(3) See page 2 of this Official Journal.
(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/2 |
AGREEMENT between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services
THE EUROPEAN UNION and JAPAN,
NOTING that, under the law of the European Union, air carriers, which have a valid operating licence issued by a Member State of the European Union and are established in a Member State of the European Union, have the right of non-discriminatory access to routes between Member States of the European Union and third countries;
HAVING REGARD to the agreements between the European Union and certain third countries providing for the possibility for such third countries and their nationals to acquire ownership and control of air carriers licensed in accordance with the law of the European Union;
RECOGNISING that consistency between the law of the European Union and certain provisions of agreements between Member States of the European Union and Japan for air services will provide a sound legal basis for air services between the European Union and Japan, preserve the continuity of such air services, and contribute to the further development of the relationship between the European Union and Japan in the field of air transport; and
NOTING that it is not a purpose of this Agreement to affect the interpretation of the provisions of existing agreements between Member States of the European Union and Japan for air services concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
For the purposes of this Agreement:
(a) |
"Contracting Party" means a contracting party to this Agreement; |
(b) |
"Member State" means a Member State of the European Union; and |
(c) |
"party" means a contracting party to the relevant agreement between a Member State and Japan for air services listed in Annex I. |
Article 2
1. The provisions in paragraph 2 of this Article shall apply in place of the corresponding provisions listed in Annex II-A.
2. |
|
Article 3
1. References in each of the agreements listed in Annex I to airlines of the Member State which is a party to that agreement shall be understood as referring to airlines designated by that Member State.
2. In addition to paragraph 1 of this Article, references in each of the provisions listed in Annex IV of the relevant agreement listed in Annex I to airlines of the Member State which is a party to that agreement shall be understood as referring also to airlines of that Member State which are not designated by that Member State.
Article 4
The Annexes to this Agreement shall form an integral part of this Agreement.
Article 5
1. Either Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this Agreement. Such consultations shall begin within a period of sixty days from the date of receipt of such request.
2. This Agreement may be amended by agreement between the Contracting Parties and amendments shall enter into force in the manner as described in Article 6 of this Agreement.
3. Notwithstanding paragraph 2 of this Article, amendments related only to the Annexes may be made by means of an exchange of diplomatic notes between the European Union and the Government of Japan, in conformity with their applicable domestic procedures.
Article 6
1. Each Contracting Party shall send through diplomatic channels to the other Contracting Party the notification confirming that its internal procedures necessary for the entry into force of this Agreement have been completed.
2. This Agreement shall enter into force on the first day of the next month following the date of receipt of the latter notification.
3. The notification to the European Union in accordance with this Article shall be delivered to the Secretary-General of the Council of the European Union.
Article 7
1. In the event that an agreement listed in Annex I is terminated, the provisions of this Agreement shall cease to apply to that agreement as from the date of termination. References in this Agreement to the terminated agreement shall be deemed null and void as from that date.
2. In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate on the date of the termination of the last agreement.
Article 8
1. This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages, all texts being equally authentic.
2. In case of any divergence of interpretation, the text of the language in which this Agreement was negotiated shall prevail.
IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.
ANNEX I
List of agreements referred to in Articles 1, 3 and 7 of this Agreement
Agreements between Member States and Japan for air services, as may have been amended, which are in force at the date of the signature of this Agreement, are as follows:
— |
Agreement between the Republic of Austria and Japan for Air Services, done at Vienna on 7 March 1989 ("Austria-Japan Agreement"); |
— |
Agreement between Belgium and Japan for Air Services, done at Tokyo on 20 June 1959 ("Belgium-Japan Agreement"); |
— |
Agreement between Denmark and Japan for Air Services, done at Copenhagen on 26 February 1953 ("Denmark-Japan Agreement"); |
— |
Agreement between the Republic of Finland and Japan for Air Services, done at Helsinki on 23 December 1980 ("Finland-Japan Agreement"); |
— |
Agreement between France and Japan for Air Services, done at Paris on 17 January 1956 ("France-Japan Agreement"); |
— |
Agreement between the Federal Republic of Germany and Japan for Air Services, done at Bonn on 18 January 1961 ("Germany-Japan Agreement"); |
— |
Agreement between the Kingdom of Greece and Japan for Air Services, done at Athens on 12 January 1973 ("Greece-Japan Agreement"); |
— |
Agreement between the Government of the Republic of Hungary and the Government of Japan for Air Services, done at Budapest on 23 February 1994 ("Hungary-Japan Agreement"); |
— |
Agreement between Italy and Japan for Air Services, done at Tokyo on 31 January 1962 ("Italy-Japan Agreement"); |
— |
Agreement between the Kingdom of the Netherlands and Japan for Air Services, done at The Hague on 17 February 1953 ("Netherlands-Japan Agreement"); |
— |
Agreement between the Government of the Republic of Poland and the Government of Japan for Air Services, done at Tokyo on 7 December 1994 ("Poland-Japan Agreement"); |
— |
Agreement between Spain and Japan for Air Services, done at Madrid on 18 March 1980 ("Spain-Japan Agreement"); and |
— |
Agreement between Sweden and Japan for Air Services, done at Stockholm on 20 February 1953 ("Sweden-Japan Agreement"). |
ANNEX II-A
List of provisions referred to in Article 2(1) of this Agreement
— |
Article 7(1) of the Austria-Japan Agreement; |
— |
Article 6(1) of the Belgium-Japan Agreement; |
— |
Article 7(1) of the Denmark-Japan Agreement; |
— |
Article 7(1) of the Finland-Japan Agreement; |
— |
Article 6(1) of the France-Japan Agreement; |
— |
Article 3(4) and second sentence of Article 4 of the Germany-Japan Agreement; |
— |
Article 7(1) of the Greece-Japan Agreement; |
— |
Article 7(1) of the Hungary-Japan Agreement; |
— |
Article 6(1) of the Italy-Japan Agreement; |
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Article 7(1) of the Netherlands-Japan Agreement; |
— |
Article 7(1) of the Poland-Japan Agreement; |
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Article 9(1) of the Spain-Japan Agreement; |
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Article 7(1) of the Sweden-Japan Agreement. |
ANNEX II-B
List of provisions referred to in Article 2(2) of this Agreement
— |
Article 4(1) and (2) of the Austria-Japan Agreement; |
— |
Article 4(1) of the Belgium-Japan Agreement; |
— |
Article 5(1) of the Denmark-Japan Agreement; |
— |
Article 4(1) and (2) of the Finland-Japan Agreement; |
— |
Article 4(1) of the France-Japan Agreement; |
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Article 3(2) of the Germany-Japan Agreement; |
— |
Article 4(1) of the Greece-Japan Agreement; |
— |
Article 4(1) and (2) of the Hungary-Japan Agreement; |
— |
Article 4(1) of the Italy-Japan Agreement; |
— |
Article 5(1) of the Netherlands-Japan Agreement; |
— |
Article 4(1) and (2) of the Poland-Japan Agreement; |
— |
Article 4(1) of the Spain-Japan Agreement; |
— |
Article 5(1) of the Sweden-Japan Agreement. |
ANNEX III
List of States referred to in Article 2(2) of this Agreement
— |
Iceland (under the Agreement on the European Economic Area); |
— |
the Principality of Liechtenstein (under the Agreement on the European Economic Area); |
— |
the Kingdom of Norway (under the Agreement on the European Economic Area); |
— |
the Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport). |
ANNEX IV
List of provisions referred to in Article 3(2) of this Agreement
— |
Article 4(1), Article 5, and Article 13(3) and (4) of the Austria-Japan Agreement; |
— |
Article 5(1) and (2) of the Belgium-Japan Agreement; |
— |
Article 6(1) and (2), and Article 8 of the Denmark-Japan Agreement; |
— |
Article 4(1) and Article 5 of the Finland-Japan Agreement; |
— |
Article 5(1) and (2), and Article 7 of the France-Japan Agreement; |
— |
Articles 5 and 6 of the Germany-Japan Agreement; |
— |
Article 4(1), Article 5, and Article 13(3) and (4) of the Hungary-Japan Agreement; |
— |
Article 6(1) and (2), and Article 8 of the Netherlands-Japan Agreement; |
— |
Article 4(1), Article 5, and Article 13(3) and (4) of the Poland-Japan Agreement; |
— |
Article 6(1) and (2), and Article 8 of the Sweden-Japan Agreement. |
REGULATIONS
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/13 |
COUNCIL REGULATION (EU) 2023/2080
of 28 September 2023
amending Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
Council Regulation (EU) 2023/194 (1) fixes for 2023 the fishing opportunities for certain fish stocks applicable in Union waters and, for Union fishing vessels, in certain non-Union waters. |
(2) |
Regulation (EU) 2023/194 sets a provisional total allowable catch (TAC) for anchovy in International Council for the Exploration of the Sea (ICES) subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July to 30 September 2023, pending the publication by ICES of its scientific advice for the period from 1 July 2023 to 30 June 2024, and allows fishing for that stock to continue. Following the publication of that ICES advice on 21 June 2023, the definitive TAC for the period from 1 July 2023 to 30 June 2024 should be set at the level of 20 555 tonnes, in accordance with that advice. |
(3) |
Regulation (EU) 2023/194 should therefore be amended accordingly. |
(4) |
Given the urgency of avoiding any interruption of fishing activities, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union. |
(5) |
The TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 should apply from 1 July 2023. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are increased by the amendment, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Regulation (EU) 2023/194
Annex IA to Regulation (EU) 2023/194 is amended in accordance with the Annex to this Regulation.
Article 2
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2023.
For the Council
The President
F. GRANDE-MARLASKA GÓMEZ
(1) Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).
ANNEX
In Part A of Annex IA to Regulation (EU) 2023/194, the second table is replaced by the following:
‘Species: |
Anchovy Engraulis encrasicolus |
Zone: |
9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411) |
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Spain |
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9 831 |
(1) |
Analytical TAC |
|
Portugal |
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10 724 |
(1) |
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Union |
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20 555 |
(1) |
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TAC |
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20 555 |
(1) |
||
(1) |
This quota may only be fished from 1 July 2023 to 30 June 2024.’ |
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/16 |
COUNCIL IMPLEMENTING REGULATION (EU) 2023/2081
of 28 September 2023
implementing Regulation (EU) 2023/1214 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2023/1214 of 23 June 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (1), and in particular Article 1(33) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 31 July 2014, the Council adopted Regulation (EU) No 833/2014 (2), which concerns restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. |
(2) |
On 23 June 2023, the Council adopted Regulation (EU) 2023/1214, which amended Regulation (EU) No 833/2014 and introduced further restrictive measures to suspend the broadcasting activities in the Union, or directed at the Union, of certain media outlets referred to in Annex IV to Regulation (EU) 2023/1214. Pursuant to Article 1, point (33), of Regulation (EU) 2023/1214, the applicability of such measures in respect of one or several of those media outlets is subject to the adoption of implementing acts by the Council. |
(3) |
Having examined the respective cases, the Council has concluded that the restrictive measures referred to in Article 2f of Regulation (EU) No 833/2014 should apply as of 1 October 2023 in respect of all entities referred to in Annex IV to Regulation (EU) 2023/1214, |
HAS ADOPTED THIS REGULATION:
Article 1
The restrictive measures referred to in Article 2f of Regulation (EU) No 833/2014 shall apply as of 1 October 2023 in respect of all entities referred to in Annex IV to Regulation (EU) 2023/1214.
Article 2
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, 28 September 2023.
For the Council
The President
F. GRANDE-MARLASKA GÓMEZ
(1) OJ L 159 I, 23.6.2023, p. 1.
(2) Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1).
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/18 |
COMMISSION REGULATION (EU) 2023/2082
of 26 September 2023
establishing a fisheries closure for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean for vessels flying the flag of Portugal
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
(1) |
Council Regulation (EU) 2023/194 (2) lays down quotas for 2023. |
(2) |
According to the information received by the Commission, catches of the stock of bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023. |
(3) |
It is therefore necessary to prohibit certain fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated for 2023 to Portugal for the stock of bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
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, 26 September 2023.
For the Commission,
On behalf of the President,
Virginijus SINKEVIČIUS
Member of the Commission
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).
ANNEX
No |
10/TQ194 |
Member State |
Portugal |
Stock |
BFT/AE45WM (including special conditions BFT/*641, BFT/*643, BFT/*8301, BFT/*8302, BFT/*8303F) |
Species |
Bluefin tuna (Thunnus thynnus) |
Zone |
Atlantic Ocean, east of 45° W, and Mediterranean |
Closing date |
22 August 2023 |
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/21 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2083
of 26 September 2023
laying down implementing technical standards for the application of Article 16(1) of Directive (EU) 2021/2167of the European Parliament and of the Council with regard to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in the banking book
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU (1), and in particular Article 16(6) thereof,
Whereas:
(1) |
Before they purchase non-performing credit agreements, prospective buyers should have access to granular credit agreement-by-credit agreement information about the non-performing credit agreement itself, the counterparty, the collateral, the guarantees, the legal and enforcement procedures and the historical collection and repayment history. Standardisation of that information by means of common templates, data fields, definitions and characteristics should facilitate the sale of non-performing credit agreements on secondary markets and should reduce entry barriers for small credit institutions and smaller investors wishing to conclude transactions in respect of non-performing credit agreements. |
(2) |
Credit institutions should use transaction data templates for non-performing credit agreements when selling or transferring non-performing credit agreements that are included in a portfolio for sales or transfers, in order to provide prospective buyers with all necessary information thereby enabling them to properly assess the value of the creditor’s rights under the non-performing credit agreement, or of the non-performing credit agreement itself, and the likelihood of recovery of the value. Applying such data templates to credit agreements would also reduce information asymmetries between prospective buyers and sellers of credit agreements and, thus, contribute to the development of a functioning secondary market in the Union. Credit institutions should use the templates in sales or transfers of such credit agreements involving a change to the lender of record under the credit agreement concerned. |
(3) |
In order to provide prospective buyers with all necessary information to make an informed decision, credit institutions should use transaction data templates for transfers of non-performing credit agreements, including transfers to other credit institutions. The data templates should be proportionate to the nature and size of credits and credit portfolios. For that reason, that obligation should apply to transfers of non-performing credit agreements only and should not encompass complex transactions where non-performing credit agreements are included as a part of such a transaction. Credit institutions should not use such templates in the case of complex transactions, when selling or transferring other types of contracts, including credit default swaps, total return swaps and other derivative contracts, insurance contracts and sub-participation contracts in relation to non-performing credit agreements, or for transfers of non-performing credit agreements pursuant to such contracts. |
(4) |
For the same reason, credit institutions should not use the transaction data templates for credit agreements, nor for sales or transfers of transferable securities, derivatives, or other financial instruments that fall under the scope of Directive 2014/65/EU of the European Parliament and of the Council (2), securities financing transactions, other than margin lending transactions, as defined in Article 3, point (10), of Regulation (EU) 2015/2365 of the European Parliament and of the Council (3), nor for financial or other leases of movable or immovable property that are not covered by Directive 2008/48/EC of the European Parliament and of the Council (4), and neither for sales or transfers of rights under such instruments, transactions or leases. |
(5) |
In order to minimise processing costs for credit institutions and credit purchasers, as stated in Article 16(4), point (d), of Directive (EU) 2021/2167 , credit institutions should not use the transaction data templates for the disposals of non-performing credit agreements through securitisation, where Regulation (EU) 2017/2402 of the European Parliament and of the Council (5) applies and the provision of the related information is governed by Commission Delegated Regulation (EU) 2020/1224 (6) and Commission Implementing Regulation (EU) 2020/1225 (7). |
(6) |
For the same reason, credit institutions should not use the transaction data templates for non-performing loans when selling such loans as part of sales of branches, sales of business lines or sales of clients’ portfolios which are not limited to non-performing loans, and transfers of such loans as part of an ongoing restructuring operation of the selling credit institution within insolvency, resolution, or liquidation proceedings. |
(7) |
In order to respect the principle of proportionality, the transaction data templates for non-performing credit agreements should require different information depending on the nature and size of the non-performing credit agreements and should specify the data fields that have to be completed or specify the circumstances under which it is not mandatory to complete certain data fields. For the same reason, credit institutions should not be obliged to complete all data fields in the transaction data templates for all transactions. Such transactions should involve the sale or transfer of: (1) a single non-performing credit agreement; (2) several non-performing credit agreements linked to one single borrower; (3) non-performing credit agreements that are part of syndicated credit agreement facilities; (4) non-performing credit agreements linked to a borrower that is domiciled outside of the Union; (5) non-performing credit agreements that have been acquired from an entity that is not a credit institution, as in such situations credit institutions may not have all the information required to complete all data fields; (6) non-performing credit agreements to natural persons, where those transactions concern small unsecured credit agreements that are outside the scope of Directive 2008/48/EC. The same approach should apply in the case of a sale or transfer of non-performing credit agreements between credit institutions that belong to the same group. |
(8) |
To enable prospective buyers of non-performing credit agreements to perform their financial due diligence and to value non-performing credit agreements before entering into a buy-sell transaction and before committing to a specific price, credit institutions should provide such prospective buyers with all necessary information early enough in the sale process. However, considering the level of detail of such information and the associated confidentiality implications, credit institutions should provide such information only to those prospective buyers that are seriously interested in purchasing the non-performing credit agreements concerned. For data protection reasons, credit institutions should only be allowed to provide personal data in cases where it is necessary to identify individuals whose credit agreements are non-performing. Regulation (EU) 2016/679 of the European Parliament and of the Council (8) applies to the processing of personal data in the context of this implementing Regulation. |
(9) |
Information that prospective buyers of non-performing credit agreements need to perform their financial due diligence and valuation of those credit agreements may contain elements that the credit institutions consider confidential on the basis of legal confidentiality requirements, or on the basis of commercial considerations. Credit institutions should therefore determine which data fields are to be considered confidential and should ensure that all confidential information is shared through secure channels and only after appropriate confidentiality arrangements have been put in place between the credit institution and the prospective buyer. Such secure channels may be electronic virtual data rooms set up by the credit institutions to grant access to the prospective buyers to the necessary information. Credit institutions should ensure that such virtual data rooms meet the applicable industry standards for confidentiality and data security. |
(10) |
To facilitate the exchange of information, credit institutions should provide the information in electronic and machine-readable form, unless credit institutions and prospective buyers agree otherwise. Where credit institutions use electronic auction platforms or electronic transaction platforms to organise the sales or transfer process of non-performing credit agreements, specific requirements for the electronic and machine-readable format may be set out by such platforms. |
(11) |
As part of the negotiation of the sales or transfer transaction, credit institutions may agree with prospective buyers to provide additional information regarding non-performing credit agreements beyond what is required by data templates. To that end, the design of the templates should allow for the provision of such additional data fields. Such additional information should as a rule not contain additional personal data, in line with the principle of data minimisation and data protection by design and by default. |
(12) |
This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority. 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 (9). |
(13) |
The European Data Protection Supervisor was consulted on this Implementation Regulation in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (10) and delivered an opinion on 25 July 2023, |
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. This Regulation shall apply to the sales and transfers by credit institutions established in the Union of credit agreements that are classified as non-performing exposures in accordance with Article 47a of Regulation (EU) No 575/2013 of the European Parliament and of the Council (11) that those credit institutions hold in their banking book, rather than in their trading book as defined in Article 4(1), point (86), of Regulation (EU) No 575/2013, and, that meet the time criteria set out in Article 16(7) of Directive (EU) 2021/2167.
2. This Regulation shall not apply to the following:
(a) |
sales of non-performing credit agreements as part of sales of branches, sales of business lines or sales of clients’ portfolios which are not limited to non-performing credit agreements and transfers of non-performing credit agreements as part of an ongoing restructuring operation of the selling credit institution within insolvency, resolution or liquidation proceedings; |
(b) |
sales or transfers of non-performing credit agreements through securitisation, where Regulation (EU) 2017/2402 applies and the provision of the related information is governed by Delegated Regulation (EU) 2020/1224 and Implementing Regulation (EU) 2020/1225; |
(c) |
sales or transfers of non-performing credit agreements pursuant to credit default swap, total return swap and other derivative contracts, contracts of insurance and sub-participation contracts; |
(d) |
sales or transfers of non-performing credit agreements pursuant to a financial collateral arrangement as defined in Article 2(1), point (a), of Directive 2002/47/EC of the European Parliament and of the Council (12) or a transaction that would be a securities financing transaction as defined in Article 4(1), point (139) of Regulation (EU) No 575/2013. |
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) |
‘buyer’ means a credit purchaser, or a credit institution that receives a non-performing credit agreement in a transaction with another credit institution; |
(2) |
‘counterparty’ means either a borrower or a protection provider in relation to the non-performing credit agreement being sold or transferred; |
(3) |
‘protection provider’ means protection provider as defined in Article 1, point (13), of Regulation (EU) 2016/867 of the European Central Bank (13); |
(4) |
‘cut-off date’ means the reference date for the provision of information by credit institutions; |
(5) |
‘non-performing credit agreement’ is a credit agreement as defined in Article 3, point (13), of Directive (EU) 2021/2167 which is classified as a non-performing exposure in accordance with Article 47a (3), points (a), (b) and (c) of Regulation (EU) No 575/2013; |
Article 3
Information to be provided by credit institutions
1. Credit institutions shall provide prospective buyers with the following information on each credit agreement:
(a) |
counterparty, as set out in Template 1 of Annex I; |
(b) |
credit agreement, as set out in Template 3 of Annex I; |
(c) |
collateral, guarantee and enforcement, as set out in Template 4.1 of Annex I; |
(d) |
mortgage guarantee, as set out in Template 4.2 of Annex I; |
(e) |
historical collection of repayments, as set out in Template 5 of Annex I. |
2. Credit institutions shall provide the information referred to in paragraph 1 in accordance with the criteria and definitions laid down in the data glossary set out in Annex II and with the instructions set out in Annex III.
3. When providing the information specified in paragraph 1, credit institutions shall use the relationship table set out in Template 2 of Annex I which mentions the relations between the data fields.
Article 4
Information granularity, completeness, and accuracy
1. Credit institutions shall provide information for all data fields that are marked as mandatory in the data glossary set out in Annex II, except where those data fields are not applicable pursuant to the criteria specified in the instructions set out in Annex III, and with the exception of information concerning all of the following transactions:
(a) |
sales or transfers of a single non-performing credit agreement or non-performing credit agreements towards a single borrower; |
(b) |
sales or transfers of non-performing credit agreements under or forming a part of syndicated credit agreement facilities; |
(c) |
sales or transfers of non-performing credit agreement where the borrower is not domiciled in the Union, or has no registered office in the Union; |
(d) |
sales or transfers of non-performing credit agreements by a credit institution to an undertaking which is a member of the same group as defined in Article 4(1), point (138), of Regulation (EU) No 575/2013; |
(e) |
sales or transfers of non-performing credit agreements that the credit institution previously acquired from an entity other than a credit institution established in the Union and subject to the requirements of Regulation (EU) No 575/2013; |
(f) |
sales or transfers of unsecured non-performing credit agreements where a borrower is a natural person and where such credit agreements do not fall under the scope of Directive 2008/48/EC. |
2. Credit institutions shall make reasonable efforts to provide information for the data fields that are not marked as mandatory in the data glossary set out in Annex II with exceptions for the transactions specified in paragraph 1, points (a) to (f).
Article 5
Operational procedures for the provision of information
1. Credit institutions shall provide prospective buyers with the information specified in Article 3 before entering into a contract for the sale or transfer of non-performing credit agreement, without prejudice to Article 6(2), point (b).
2. Credit institutions shall provide prospective buyers with the information specified in Article 3 in an electronic and machine-readable form, unless agreed otherwise between the credit institution and the prospective buyer.
Article 6
Treatment of personal data and confidential information
1. When providing the information referred to in Article 3, credit institutions shallidentify information that is to be considered confidential pursuant to applicable Union law on data confidentiality or on banking secrecy, or pursuant to own internal rules or market practices and ensure adequate protection of such information in accordance with the applicable Union law on data confidentiality or banking secrecy.
2. Before providing the information referred to in Article 3, credit institutions and prospective buyers:
(a) |
shall enter into confidentiality agreements drafted in conformity with applicable Union law; |
(b) |
shall share personal data only insofar as necessary before entering into a contract for the transfer or sale of non-performing credit agreements. |
3. Credit institutions shall use secure channels including virtual data rooms or similar electronic means to provide the information referred to in Article 3.
Article 7
Entry into force
This Regulation shall enter into force on the twentieth 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, 26 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 438, 8.12.2021, p. 1.
(2) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).
(3) Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).
(4) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
(5) Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ l 347, 28.12.2017, p. 35).
(6) Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information and the details of a securitisation to be made available by the originator, sponsor and SSPE (OJ L 289, 3.9.2020, p. 1).
(7) Commission Implementing Regulation (EU) 2020/1225 of 29 October 2019 laying down implementing technical standards with regard to the format and standardised templates for making available the information and details of a securitization by the originator, sponsor and SSPE (OJ L 289, 3.9.2020, p. 217).
(8) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(9) 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).
(10) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(11) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
(12) Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).
(13) Regulation (EU) 2016/867 of the European Central Bank of 18 May 2016 on the collection of granular credit and credit risk data (OJ L 144, 1.6.2016, p. 44).
ANNEX I
Template 1: Counterparty
Index |
Data field |
1,00 |
Counterparty Group Identifier |
1,01 |
Name of Counterparty Group |
1,02 |
Counterparty Identifier |
1,03 |
Name of Counterparty |
1,04 |
Economic activity |
1,05 |
Role of the counterparty |
1,06 |
Legal Type of Counterparty |
1,07 |
Date of birth |
1,08 |
Residency of Counterparty |
1,09 |
Counterparty deceased |
1,10 |
National identifier (corporates) |
1,11 |
National identifier (private individuals) |
1,12 |
Source of National identifier |
1,13 |
Legal Entity Identifier (LEI) |
1,14 |
Address of Counterparty |
1,15 |
City of Counterparty |
1,16 |
Postal code of Counterparty |
1,17 |
Country of Counterparty |
1,18 |
Availability of e-mail address |
1,19 |
Availability of telephone number |
1,20 |
Date of Last Contact |
1,21 |
Date of Latest Annual Financial Statements |
1,22 |
Currency of Financial Statements |
1,23 |
Fixed Assets |
1,24 |
Current Assets |
1,25 |
Cash and Cash Equivalent Items |
1,26 |
Total Assets |
1,27 |
Total Liabilities |
1,28 |
Total Debt |
1,29 |
Annual Turnover |
1,30 |
Annual EBIT |
1,31 |
Name of Insolvency/Restructuring Proceedings |
1,32 |
Status of legal proceedings |
1,33 |
Description of other legal measures |
1 ,xx |
|
Template 2.1: Relationship borrower- loan
Index |
2,00 |
2,01 |
Data field |
Counterparty Identifier |
Loan Identifier |
|
|
|
Template 2.2: Relationship mortgage loan-protection:
Index |
2,01 |
2,02 |
2,03 |
Data field |
Loan identifier |
Mortgage identifier |
Protection identifier |
Template 2.3: Relationship loan other than mortgage loan - protection (collateral, guarantee)
Index |
2,01 |
2,03 |
Data field |
Loan identifier |
Protection Identifier |
|
|
|
Template 2.4: Relationship guarantor- guarantee
Index |
2,00 |
2,03 |
Data field |
Counterparty identifier |
Protection identifier |
|
|
|
Template 3: Loan
Index |
Data field |
3,00 |
Cut-off Date |
3,01 |
Loan Identifier |
3,02 |
Inception date |
3,03 |
Governing Law of Loan Agreement |
3,04 |
Joint Counterparties |
3,05 |
Asset Class |
3,06 |
Type of instrument |
3,07 |
Legal final maturity date |
3,08 |
Currency |
3,09 |
Principal amount |
3,10 |
Accrued interest |
3,11 |
Other balances |
3,12 |
Legal Balance |
3,13 |
Days in Past-Due |
3,14 |
Interest Rate |
3,15 |
Interest Rate Type |
3,16 |
Description of Interest Rate Type |
3,17 |
Interest rate spread/margin |
3,18 |
Reference Rate |
3,19 |
Interest rate reset frequency |
3,20 |
Payment Frequency |
3,21 |
Last Payment Date |
3,22 |
Last Payment Amount |
3,23 |
Date of the default status of the instrument |
3,24 |
Loan legal status |
3,25 |
Date of initiation of legal proceedings |
3,26 |
Stage Reached in legal proceedings |
3,27 |
Jurisdiction of Court |
3,28 |
Date of Obtaining Order for Possession |
3,29 |
Statute of limitations date |
3,30 |
Syndicated Loan |
3,31 |
Syndicated Portion |
3,32 |
Securitised |
3,33 |
Lease agreement |
3,34 |
Start Date of Lease |
3,35 |
End Date of Lease |
3,36 |
Lease Break Option |
3,37 |
Type of Lease |
3,38 |
Forbearance measure |
3,39 |
Type of Forbearance measure |
3,40 |
End Date of Forbearance measure |
3,41 |
Description of the Forbearance measures |
3,42 |
Debt Forgiveness |
3,43 |
Number of historical forbearance |
3 ,xx |
|
Template 4.1: Collateral, guarantee and enforcement
Index |
Data field |
4,00 |
Protection identifier |
4,01 |
Type of immovable property |
4,02 |
Type of movable property, other collateral and guarantee |
4,03 |
Address of immovable property |
4,04 |
City of immovable property |
4,05 |
Immovable property Postcode |
4,06 |
Immovable property Country |
4,07 |
Immovable property collateral cadaster identification number |
4,08 |
Cadaster identification |
4,09 |
Lien position |
4,10 |
Higher Ranking Loan |
4,11 |
Register of Deeds Number |
4,12 |
Year of construction |
4,13 |
Building Area (M2) |
4,14 |
Land Area (M2) |
4,15 |
Completion of immovable property |
4,16 |
Value of Energy Performance Certificate |
4,17 |
Type of occupancy |
4,18 |
Currency of collateral and guarantee |
4,19 |
Latest Internal Valuation Amount |
4,20 |
Date of Latest Internal Valuation |
4,21 |
Type of Appraisal Amount for the Latest Internal Valuation |
4,22 |
Type of Latest Internal Valuation |
4,23 |
Latest External Valuation Amount |
4,24 |
Date of Latest External Valuation |
4,25 |
Type of Appraisal Amount for the Latest External Valuation |
4,26 |
Type of Latest External Valuation |
4,27 |
Financial Guarantee Amount |
4,28 |
ISIN |
4,29 |
Enforcement Status |
4,30 |
Enforcement Status Third Parties |
4,31 |
Jurisdiction of Court |
4,32 |
Currency of Enforcement |
4,33 |
Indicator of Enforcement |
4,34 |
Court Appraisal Amount |
4,35 |
Date of Court Appraisal |
4,36 |
Cash in Court |
4,37 |
Sale Agreed Price |
4,38 |
Next Auction Date |
4,39 |
Court Auction Reserve Price for Next Auction |
4,40 |
Last Auction Date |
4,41 |
Court Auction Reserve Price for Last Auction |
4,42 |
Number of Failed Auctions |
4 ,xx |
|
Template 4.2: Mortgage guarantee
NEW Index |
Data field |
4,43 |
Mortgage identifier |
4,44 |
Mortgage amount |
4,45 |
Lien position |
4,46 |
Higher ranking loan |
4,47 |
Register of Deeds Number |
4 ,xx |
|
Template 5: Historical collection of repayments
Index |
Before the cut-off date |
|||||||||||||
Data field |
|
Month 1 |
Month 2 |
Month 3 |
Month 4 |
Month 5 |
Month 6 |
Month 7 |
Month 8 |
Month 9 |
Month 10 |
Month 11 |
Month 12 |
|
5,00 |
Loan Identifier |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,01 |
Type of Collection |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,02 |
Name of External Collection Agent |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,03 |
History of Total Repayments |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,04 |
History of repayments- From Collateral Sales |
|
|
|
|
|
|
|
|
|
|
|
|
|
5 ,xx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Index |
Before the cut-off date |
|||||||||||||
Data field |
|
Month 13 |
Month 14 |
Month 15 |
Month 16 |
Month 17 |
Month 18 |
Month 19 |
Month 20 |
Month 21 |
Month 22 |
Month 23 |
Month 24 |
|
5,00 |
Loan Identifier |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,01 |
Type of Collection |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,02 |
Name of External Collection Agent |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,03 |
History of Total Repayments |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,04 |
History of repayments- From Collateral Sales |
|
|
|
|
|
|
|
|
|
|
|
|
|
5 ,xx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Index |
Before the cut-off date |
|||||||||||||
Data field |
|
Month 25 |
Month 26 |
Month 27 |
Month 28 |
Month 29 |
Month 30 |
Month 31 |
Month 32 |
Month 33 |
Month 34 |
Month 35 |
Month 36 |
|
5,00 |
Loan Identifier |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,01 |
Type of Collection |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,02 |
Name of External Collection Agent |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,03 |
History of Total Repayments |
|
|
|
|
|
|
|
|
|
|
|
|
|
5,04 |
History of repayments- From Collateral Sales |
|
|
|
|
|
|
|
|
|
|
|
|
|
5 ,xx |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ANNEX II
Index |
Template |
Data field |
Borrower type |
Loan type |
Description |
Mandatory data fields |
Field type |
ESMA (RTS 2020/1224) |
ANACREDIT (Anacredit Reporting Manual to ECB/2016/13) |
FINREP (ITS 2021/451) |
CRR |
IAS/IFRS |
||||||||||||||||||||||||||||
1,00 |
Counterparty |
Counterparty Group Identifier |
Applicable to all |
Applicable to all |
Institution's internal identifier to uniquely identify each counterparty group. Where counterparty group is defined as a group of related counterparties. Where a group could just be a standalone counterparty or multiple counterparties. Each counterparty group should have one Counterparty Group Identifier. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
1,01 |
Counterparty |
Name of Counterparty Group |
Applicable to all |
Applicable to all |
Name used to refer to the counterparty group. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
1,02 |
Counterparty |
Counterparty Identifier |
Applicable to all |
Applicable to all |
Institution's internal identifier to uniquely identify each counterparty. Each counterparty must have one counterparty identifier at the cut-off date. This value cannot be used as the counterparty identifier for any other counterparty. |
Mandatory |
Alphanumeric |
|
2.2.3; 12.4.1 |
|
|
|
||||||||||||||||||||||||||||
1,03 |
Counterparty |
Name of Counterparty |
Applicable to all |
Applicable to all |
Full legal name of the counterparty. |
Mandatory |
Alphanumeric |
|
12,1 |
|
|
|
||||||||||||||||||||||||||||
1,04 |
Counterparty |
Economic activity |
Corporate |
Applicable to all |
Classification of the corporate counterparty according to its economic activity, in accordance with the NACE revision 2 statistical classification as laid down in Regulation (EC) No 1893/2006. |
Mandatory |
Choice populated by using the classification NACE codes-a level two, three or four NACE code in accordance with Regulation (EC) No 1893/2006. |
|
12.4.15 |
|
|
|
||||||||||||||||||||||||||||
1,05 |
Counterparty |
Role of the counterparty |
Applicable to all |
Applicable to all |
Role of the counterparty ("Protection provider", "Borrower"). |
Mandatory |
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
1,06 |
Counterparty |
Legal Type of Counterparty |
Applicable to all |
Applicable to all |
Type of the counterparty broken-down by sector as defined in Annex V of the Regulation (EU) N. 2021/451 ("Non-financial corporations-SMEs"; "Non-financial corporations- other than SMEs"; "Households"). |
Mandatory |
Choice:
|
|
|
Annex V.Part 1.Paragraph 5(i); Paragraph 42 (e) (f) |
|
|
||||||||||||||||||||||||||||
1,07 |
Counterparty |
Date of birth |
Private Individual |
Applicable to all |
Date of birth of the private individual counterparty. |
|
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
1,08 |
Counterparty |
Residency of Counterparty |
Private Individual |
Applicable to all |
Indication whether the residency of the private individual counterparty is in the same country of the institution. |
Mandatory |
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
1,09 |
Counterparty |
Counterparty deceased |
Private Individual |
Applicable to all |
Indication as to whether the private individual counterparty has passed away. |
|
Boolean (Yes or No). |
Annex X.NPEL9 |
|
|
|
|
||||||||||||||||||||||||||||
1,10 |
Counterparty |
National identifier |
Corporate |
Applicable to all |
A commonly used identification code which enables the unambiguous identification of the counterparty within its country of residency. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
1,11 |
Counterparty |
National identifier |
Private Individual |
Applicable to all |
A commonly used identification code which enables the unambiguous identification of the counterparty within its country of residency. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
1,12 |
Counterparty |
Source of National identifier |
Corporate |
Applicable to all |
Name of the country specific registration office which provides the counterparty national identifier. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
1,13 |
Counterparty |
Legal Entity Identifier (LEI) |
Corporate |
Applicable to all |
A legal entity identifier of the counterparty assigned in accordance with the International Organisation for Standardisations. |
|
Choice populated by using ISO 17442. |
|
12.4.2 |
|
|
|
||||||||||||||||||||||||||||
1,14 |
Counterparty |
Address of Counterparty |
Corporate |
Applicable to all |
Counterparty's street address, including the street number. |
Mandatory |
Alphanumeric |
|
12.4.8 |
|
|
|
||||||||||||||||||||||||||||
1,15 |
Counterparty |
City of Counterparty |
Corporate |
Applicable to all |
Counterparty's city, town or village. |
Mandatory |
Alphanumeric |
|
12.4.9 |
|
|
|
||||||||||||||||||||||||||||
1,16 |
Counterparty |
Postal code of Counterparty |
Applicable to all |
Applicable to all |
Counterparty's postal code. |
Mandatory |
Alphanumeric |
|
12.4.10 |
|
|
|
||||||||||||||||||||||||||||
1,17 |
Counterparty |
Country of Counterparty |
Applicable to all |
Applicable to all |
Counterparty's country. |
Mandatory |
Choice populated by using ISO 3166-1 alpha-2 code of the country. |
|
12.4.12 |
|
|
|
||||||||||||||||||||||||||||
1,18 |
Counterparty |
Availability of e-mail address |
Applicable to all |
Applicable to all |
Indicator whether the institution has the availability of an e-mail address of the counterparty. |
|
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
1,19 |
Counterparty |
Availability of telephone number |
Applicable to all |
Applicable to all |
Indicator whether the institution has the availability of a telephone number (mobile or landline) of the counterparty. |
|
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
1,20 |
Counterparty |
Date of Last Contact |
Applicable to all |
Applicable to all |
The most recent date of contact with the counterparty, by using any oral or written communication mean (i.e. letter, phone collection, e-mail) and provided that a reply has been received by the counterparty. |
|
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
1,21 |
Counterparty |
Date of Latest Annual Financial Statements |
Corporate |
Applicable to all |
Date of the latest available Financial Statements. |
|
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
1,22 |
Counterparty |
Currency of Financial Statements |
Corporate |
Applicable to all |
Currency in which the latest available financial statements are expressed in. |
|
Choice populated by using ISO 4217 currency codes. |
|
|
|
|
|
||||||||||||||||||||||||||||
1,23 |
Counterparty |
Fixed Assets |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's fixed assets as per its latest available financial statements. Where ‘Fixed Assets’ is defined by IAS 16 (Property, Plant and Equipment) or similar according to other accounting standards, as assets whose use is for the business operation, where a value is assigned to them, and the useful economic life is more than one year. |
|
Number |
|
|
|
|
IAS 16.6 |
||||||||||||||||||||||||||||
1,24 |
Counterparty |
Current Assets |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's current assets, excluding cash and cash equivalent items as per its latest available financial statements. Where ‘Current Assets’ are assets that are defined by IAS 1.60, or similar according to other accounting standards, as expected to be realised in the entity’s normal operating cycle, held primarily for the purpose of trading, and expected to be realised within 12 months after the reporting period. |
|
Number |
|
|
|
|
IAS 1.60; IAS 1.66 |
||||||||||||||||||||||||||||
1,25 |
Counterparty |
Cash and Cash Equivalent Items |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's cash and cash equivalent items as per its latest available financial statements. Where ‘Cash and Cash Equivalents’ are defined by IAS 7 or similar according to other accounting standards, as short-term, highly liquid investments that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value. |
|
Number |
|
|
|
|
IAS 7.6 |
||||||||||||||||||||||||||||
1,26 |
Counterparty |
Total Assets |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's total assets, as defined by the applicable accounting standard, as per its latest available financial statements. |
|
Number |
|
|
|
|
IAS 1.9(a), IG 6 |
||||||||||||||||||||||||||||
1,27 |
Counterparty |
Total Liabilities |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's total liabilities, as defined by the applicable accounting standard, as per its latest available financial statements. |
|
Number |
|
|
|
|
IAS 1.9(b), IG 6 |
||||||||||||||||||||||||||||
1,28 |
Counterparty |
Total Debt |
Corporate |
Applicable to all |
Carrying amount of the corporate counterparty's total debt as defined by the IAS 32.11 (financial liabilities) or similar applicable accounting standard, as per its latest available financial statements. It's related to all formal, written financing agreements such as short-term loans payable, long-term loans payable, and bonds payable as per the latest available financial statements. |
|
Number |
|
|
|
|
IAS 32.11 |
||||||||||||||||||||||||||||
1,29 |
Counterparty |
Annual Turnover |
Corporate |
Applicable to all |
Annual sales volume net of all discounts and sales taxes of the counterparty in accordance with Recommendation 2003/361/EC. Equivalent to the concept of ‘total annual sales’ in Article 153(4) of Regulation (EU) No 575/2013. |
|
Number |
|
12.4.22 |
|
Art. 153(4) |
|
||||||||||||||||||||||||||||
1,30 |
Counterparty |
Annual EBIT |
Corporate |
Applicable to all |
Amount of annual Earnings Before Interest and Tax (EBIT) generated by the corporate counterparty as per the latest available financial statements. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
1,31 |
Counterparty |
Name of Insolvency/Restructuring Proceedings |
Applicable to all |
Applicable to all |
Name of any insolvency or restructuring proceedings to which the counterparty is subject. |
Mandatory |
Choice dependent on the country. |
|
|
|
|
|
||||||||||||||||||||||||||||
1,32 |
Counterparty |
Status of legal proceedings |
Applicable to all |
Applicable to all |
Categories describing a counterparty's legal status in relation to its solvency based on the national legal framework. The institution must transpose the values listed in the 'Field type' column into the national legal framework. |
Mandatory |
|
|
12.4.16 |
|
|
|
||||||||||||||||||||||||||||
1,33 |
Counterparty |
Description of other legal measures |
Applicable to all |
Applicable to all |
Description of the status of legal proceedings when ‘Other legal measures’ is selected in data field ‘Status of legal proceedings’. |
|
Alphanumeric |
|
12.4.16 |
|
|
|
||||||||||||||||||||||||||||
1 ,xx |
Counterparty |
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||||||||||||||||
2,00 |
Relationship |
Counterparty Identifier |
Applicable to all |
Applicable to all |
Institution's internal identifier to uniquely identify each counterparty. Each counterparty must have one counterparty identifier at the cut-off date. This value cannot be used as the counterparty identifier for any other counterparty. |
Mandatory |
Alphanumeric |
|
2.2.3; 12.4.1 |
|
|
|
||||||||||||||||||||||||||||
2,01 |
Relationship |
Loan Identifier |
Applicable to all |
Applicable to all |
Institution’s internal identifier to uniquely identify each loan under a single loan agreement. Each loan must have one loan identifier at the cut-off date. This value cannot be used as the loan identifier for any other loan under the same or different loan agreement. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
2,02 |
Relationship |
Mortgage Identifier |
Applicable to all |
Secured loan |
The institution’s internal identifier for the Mortgage Agreement. |
Mandatory |
Alphanumeric |
|
|
|
|
|
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2,03 |
Relationship |
Protection Identifier |
Applicable to all |
Secured loan |
Institution’s internal identifier to uniquely identify each protection used to secure the loan (collateral or guarantee). Each protection must have one protection identifier at the cut-off date. This value cannot be used as the protection identifier for any other protection. Where the categories of the collateral and guarantee are those defined in the template F13.01 of Annexes III and IV to Implementing Regulation (EU) No 2021/451. |
Mandatory |
Alphanumeric |
|
2.2.6 |
Annex III and Annex IV. F 13.01 |
|
|
||||||||||||||||||||||||||||
3,00 |
Loan |
Cut-off Date |
Applicable to all |
Applicable to all |
Reference date of the data included in the EBA NPL templates. In general, if not otherwise provided in the description of the field, the data refers to the cut-off date. |
Mandatory |
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
3,01 |
Loan |
Loan Identifier |
Applicable to all |
Applicable to all |
Institution’s internal identifier to uniquely identify each loan under a single loan agreement. Each loan must have one loan identifier at the cut-off date. This value cannot be used as the loan identifier for any other loan under the same or different loan agreement. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,02 |
Loan |
Inception date |
Applicable to all |
Applicable to all |
The date on which the contractual relationship originated, i.e. the date on which the contract agreement became binding for all parties. |
Mandatory |
dd/mm/yyyy |
|
3.4.4 |
|
|
|
||||||||||||||||||||||||||||
3,03 |
Loan |
Governing Law of Loan Agreement |
Applicable to all |
Applicable to all |
Jurisdiction governing the loan agreement. This does not necessarily correspond to the country where the loan agreement was originated. |
Mandatory |
Choice populated by using ISO 3166 ALPHA-2. |
Annex X.NPEL 23 |
|
|
|
|
||||||||||||||||||||||||||||
3,04 |
Loan |
Joint Counterparties |
Applicable to all |
Applicable to all |
Number of counterparties who jointly owe under the loan. They are jointly responsible for payments to the lender arising under the loan agreement. |
Mandatory |
Choice:
|
|
|
|
|
|
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3,05 |
Loan |
Asset Class |
Applicable to all |
Applicable to all |
Asset class of the loan as defined in Article 2(1) of Commission Delegated Regulation (EU) 2020/1224. |
Mandatory |
Choice:
|
Article 2(1). |
|
|
|
|
||||||||||||||||||||||||||||
3,06 |
Loan |
Type of instrument |
Applicable to all |
Applicable to all |
Classification of the loan according to the type of contractual terms agreed between the parties. |
Mandatory |
Choice populated according to the seller's segmentation. A suggested list is the following:
|
|
3.4.1 |
|
|
|
||||||||||||||||||||||||||||
3,07 |
Loan |
Legal final maturity date |
Applicable to all |
Applicable to all |
Contractual maturity date of the loan as at the cut-off date, taking into account any agreements amending initial contracts, including forbearance measures. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
dd/mm/yyyy |
|
3.4.6 |
|
|
|
||||||||||||||||||||||||||||
3,08 |
Loan |
Currency |
Applicable to all |
Applicable to all |
Currency denomination of the Loan, in accordance with the ISO's 4217 standard. |
Mandatory |
Choice populated by using ISO 4217 Currency Codes. |
|
3.4.3 |
|
|
|
||||||||||||||||||||||||||||
3,09 |
Loan |
Principal amount |
Applicable to all |
Applicable to all |
The amount of oustanding principal as recognised on the balance sheet as at the cut-off date. The number does not include the amounts recognised under the field 'Accrued interest' and 'Other balances'. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3,10 |
Loan |
Accrued interest |
Applicable to all |
Applicable to all |
The amount of accrued interest on loans as defined in Regulation (EU) No 1071/2013 (ECB/2013/33) as at the cut-off date. In accordance with the general principle of accruals accounting, interest receivable on instruments should be subject to on-balance sheet recording as it accrues (i.e. on an accruals basis) rather than when it is actually received (i.e. on a cash basis). |
Mandatory |
Number |
|
4.4.11 |
|
|
|
||||||||||||||||||||||||||||
3,11 |
Loan |
Other balances |
Applicable to all |
Applicable to all |
Total amount of other outstanding amounts recognised on the balance sheet as at the cut-off date.The number should incorporate other charges, commissions, fees and other outstanding amounts not recognised under the field 'Principal amount' or 'Accrued interest'. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3,12 |
Loan |
Legal Balance |
Applicable to all |
Applicable to all |
Total claim amount, including any on-balance sheet exposures (excluding any debt forgiveness), off-balance sheet exposures and penalty interests, which the lender is entitled to receive by the debtor as at the cut-off date. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3,13 |
Loan |
Days in Past-Due |
Applicable to all |
Applicable to all |
Number of days that the loan is currently past-due as at the cut-off date. In case of non-performing loans that are not past-due, the number is zero. The loan is ‘past-due’ when it meets the criteria of paragraph 96 of Part 2 of Annex V to Implementing Regulation (EU) No 2021/451. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3,14 |
Loan |
Interest Rate |
Applicable to all |
Applicable to all |
Annualised agreed rate or narrowly defined interest rate in accordance with Regulation (EU) No 1072/2013 of the European Central Bank (ECB/2013/34). It's applicable at the cut-off date, which takes into account any current forbearance measure. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Percentage |
|
4.4.1 |
|
|
|
||||||||||||||||||||||||||||
3,15 |
Loan |
Interest Rate Type |
Applicable to all |
Applicable to all |
Classification of loans based on the base rate for establishing the interest rate for each payment period. It's applicable at the cut-off date, which takes into account any current forbearance measure. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Choice:
|
|
3.4.8 |
|
|
|
||||||||||||||||||||||||||||
3,16 |
Loan |
Description of Interest Rate Type |
Applicable to all |
Applicable to all |
Description of interest rate type when "Mixed" is selected in field "Interest Rate Type". This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,17 |
Loan |
Interest rate spread/margin |
Applicable to all |
Applicable to all |
Margin or spread (expressed as a percentage) to add to the reference rate that is used for the calculation of the interest rate in basis points. It's applicable at the cut-off date, which takes into account any current forbearance measure granted. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Percentage |
|
3.4.12 |
|
|
|
||||||||||||||||||||||||||||
3,18 |
Loan |
Reference Rate |
Applicable to all |
Applicable to all |
Reference rate used for the calculation of the actual interest rate. Combination of the reference rate value and maturity value, applicable at the cut-off date when ‘Variable’ is selected in the field ‘Interest Rate Type’. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,19 |
Loan |
Interest rate reset frequency |
Applicable to all |
Applicable to all |
Frequency at which the interest rate is reset after the initial fixed-rate period, if any. It's applicable at the cut-off date, which takes into account any current forbearance measure. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Choice:
|
|
3.4.9 |
|
|
|
||||||||||||||||||||||||||||
3,20 |
Loan |
Payment Frequency |
Applicable to all |
Applicable to all |
Frequency of payments due, either of principal or interest, i.e. number of months between payments. It is based on the current loan agreement as at the cut-off date, which takes into account any current forbearance measure. This data field is required only when the field 'Days in Past-Due' is less than or equal to 365 days in past-due. |
|
Choice:
|
|
3.4.16 |
|
|
|
||||||||||||||||||||||||||||
3,21 |
Loan |
Last Payment Date |
Applicable to all |
Applicable to all |
Date that the last payment was made. |
|
dd/mm/yyyy |
Annex X.NPEL 30. |
|
|
|
|
||||||||||||||||||||||||||||
3,22 |
Loan |
Last Payment Amount |
Applicable to all |
Applicable to all |
Amount of last payment. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3,23 |
Loan |
Date of the default status of the instrument |
Applicable to all |
Applicable to all |
The date on which the default status is considered to have occurred. Where default is as per Article 178 of Regulation (EU) No 575/2013 (CRR). In case of non-performing loans that are not in default status, this data field is not reported. |
Mandatory |
dd/mm/yyyy |
|
4.4.5 |
|
Definition of default as of Article 178 |
|
||||||||||||||||||||||||||||
3,24 |
Loan |
Loan legal status |
Applicable to all |
Applicable to all |
Indication of the loan legal status as at the cut-off date. |
Mandatory |
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
3,25 |
Loan |
Date of initiation of legal proceedings |
Applicable to all |
Applicable to all |
The date on which the legal proceedings were initiated. This date must be the most recent relevant date prior to the cut-off date and must only be reported if the field 'Loan legal status' has the value 'legal proceedings'. |
Mandatory |
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
3,26 |
Loan |
Stage reached in legal proceedings |
Applicable to all |
Applicable to all |
It is an indication of how advanced the relevant legal procedure has become as a result of various legal steps in the legal procedure having been completed for each secured or unsecured loan. The generic, standardised legal actions across countries are identified below. This is not an exhaustive list of legal actions and therefore the institution should make a value judgement as to whether they should add any additional legal actions to the generic standardised legal actions. Multiple selections of stages are allowed to be entered if applicable:
This data field must only be reported if the field 'Loan legal status' has the value 'legal proceedings'. |
Mandatory |
alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,27 |
Loan |
Jurisdiction of Court |
Applicable to all |
Applicable to all |
Location of the court where the court case is being heard.This field is required only when a court case has been initiated |
Mandatory |
Choice populated by using ISO 3166 ALPHA-2. |
Annex X.NPEL20 |
|
|
|
|
||||||||||||||||||||||||||||
3,28 |
Loan |
Date of Obtaining Order for Possession |
Applicable to all |
Secured loan |
Date that the order for possession is granted by the court. This field is required only when an order for possession has been granted by the court. |
|
dd/mm/yyyy |
Annex X.NPEL21 |
|
|
|
|
||||||||||||||||||||||||||||
3,29 |
Loan |
Statute of limitations date |
Applicable to all |
Applicable to all |
Date when the loan expires and legal proceedings cannot be undertaken.This field is required only when it is applicable under the governing law of the loan agreement and the legal status of the loan. |
Mandatory |
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
3,30 |
Loan |
Syndicated Loan |
Applicable to all |
Applicable to all |
Indicator as to whether the loan is provided by a syndicate or consortium of two or more credit institutions. This means that in the case of a syndicated loan the institution holds less than 100% of the total loan. |
|
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
3,31 |
Loan |
Syndicated Portion |
Applicable to all |
Applicable to all |
Percentage of the portion held by the institution. Applicable when "Yes" is selected in field "Syndicated Loan". |
|
Percentage |
Annex X.NPEL 31 |
|
|
|
|
||||||||||||||||||||||||||||
3,32 |
Loan |
Securitised |
Applicable to all |
Applicable to all |
Indicator as to whether the loan has been securitised or within covered bond pool. |
|
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
3,33 |
Loan |
Lease agreement |
Applicable to all |
Secured loan |
Indicator as to whether the credit agreement contains a lease. |
Mandatory |
Boolean (Yes or No). |
|
|
|
|
IFRS 16.9 |
||||||||||||||||||||||||||||
3,34 |
Loan |
Start Date of Lease |
Applicable to all |
Secured loan |
Date that the current lease starts if 'yes' is selected in the field 'Lease agreement'. |
|
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
3,35 |
Loan |
End Date of Lease |
Applicable to all |
Secured loan |
Date that the current lease ends if 'yes' is selected in the field 'Lease agreement'. |
|
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
3,36 |
Loan |
Lease Break Option |
Applicable to all |
Secured loan |
Details of any lease break clause(s) if 'yes' is selected in the field 'Lease agreement'. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,37 |
Loan |
Type of Lease |
Applicable to all |
Secured loan |
Type of the lease agreement with the counterparty if 'yes' is selected in the field 'Lease agreement'. |
|
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
3,38 |
Loan |
Forbearance measure |
Applicable to all |
Applicable to all |
Indicator as to whether forbearance measures are currently applied to the loan at the cut-off date. |
Mandatory |
Boolean (Yes or No). |
|
|
|
Art. 47b |
|
||||||||||||||||||||||||||||
3,39 |
Loan |
Type of Forbearance measure |
Applicable to all |
Applicable to all |
Types of forbearance as defined in accordance with the criteria and the definitions specified in paragraphs 357 and 358 of Part 2 of Annex V to Implementing Regulation (EU) No 2021/451. Applicable when 'yes' is selected in the field 'Forbearance measure'. Multiple choices are permitted. |
Mandatory |
Choice:
|
|
|
Annex V.Part 2.357-358. |
|
|
||||||||||||||||||||||||||||
3,40 |
Loan |
End Date of Forbearance measure |
Applicable to all |
Applicable to all |
Date that the current applicable forbearance measure ends. Applicable when 'yes' is selected in the field 'Forbearance measure'. In case of multiple forbearance measures, the most recent end date of the forbearance measures is considered. |
Mandatory |
dd/mm/yyyy |
Annex X.NPEL 41 |
|
|
|
|
||||||||||||||||||||||||||||
3,41 |
Loan |
Description of the Forbearance measures |
Applicable to all |
Applicable to all |
Further comments/details on the forbearance measures, including the description of any clause to stop forbearance and multiple forbearance measures applied to the loan. Applicable when 'yes' is selected in the field 'Forbearance measure'. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
3,42 |
Loan |
Debt Forgiveness |
Applicable to all |
Applicable to all |
Gross carrying amount of the loan that was partially forgiven as part of current forbearance measure, including principal forgiveness agreed by external collection agencies, as at the cut-off date. Where debt forgiveness refers to a partial cancellation of the loan by the institution through forfeiture of right to legally recover it as specified in paragraph 358 of Part 2 of Annex V to Implementing Regulation (EU) No 2021/451. The gross carrying amount is defined in accordance with paragraph 34.Part 1 of Annex V to Implementing Regulation (EU) No 2021/451. Applicable when the category (e) debt forgiveness is selected in the field 'Type of Forbearance'. |
|
Number |
|
|
Annex V.Part 1.34 and Part 2.358 |
|
|
||||||||||||||||||||||||||||
3,43 |
Loan |
Number of historical forbearance |
Applicable to all |
Applicable to all |
Number of forbearance(s) that happened in the last two years. Applicable when 'yes' is selected in the field 'Forbearance measure'. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
3 ,xx |
Loan |
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,00 |
Collateral, guarantee and enforcement |
Protection Identifier |
Applicable to all |
Secured loan |
Institution’s internal identifier to uniquely identify each protection used to secure the loan (collateral or guarantee). Each protection must have one protection identifier at the cut-off date. This value cannot be used as the protection identifier for any other protection. Where the categories of the collateral and guarantee are those defined in the template F13.01 of Annexes III and IV to Implementing Regulation (EU) No 2021/451. |
Mandatory |
Alphanumeric |
|
2.2.6 |
Annex III and IV. F 13.01 |
|
|
||||||||||||||||||||||||||||
4,01 |
Collateral, guarantee and enforcement |
Type of immovable property |
Applicable to all |
Secured loan |
Type of the immovable property collateral. Applicable to all immovable (real estate) collateral. |
Mandatory |
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,02 |
Collateral, guarantee and enforcement |
Type of movable property, other collateral and guarantee |
Applicable to all |
Secured loan |
Type of movable property, other collateral and guarantee. Applicable to collateral (other than immovable property) and guarantees. |
Mandatory |
Choice populated according to the seller's segmentation. A suggested list is the following:
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,03 |
Collateral, guarantee and enforcement |
Address of immovable property |
Applicable to all |
Secured loan |
Street address where the immovable property is located at, including flat/house, number or name. Applicable to all immovable (real estate) collateral. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
4,04 |
Collateral, guarantee and enforcement |
City of immovable Property |
Applicable to all |
Secured loan |
City where the immovable property is located at. Applicable to all immovable (real estate) collateral. |
Mandatory |
Choice populated by using UN/LOCODE. |
|
|
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|
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4,05 |
Collateral, guarantee and enforcement |
Immovable property Postcode |
Applicable to all |
Secured loan |
Postcode where the immovable Property is located at. Applicable to all immovable (real estate) collateral, unless there is no postal code for land or alike. |
Mandatory |
Alphanumeric |
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|
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4,06 |
Collateral, guarantee and enforcement |
Immovable property Country |
Applicable to all |
Secured loan |
Region or country where the immovable property collateral is located. Applicable to all immovable (real estate) collateral. |
Mandatory |
Choice populated by using ISO 3166 ALPHA-2 of the region or country in which the collateral is located. |
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4,07 |
Collateral, guarantee and enforcement |
Immovable property collateral cadaster identification number |
Applicable to all |
Secured loan |
The identification number under which the immovable property collateral is recorded in the cadaster. |
|
Alphanumeric |
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|
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4,08 |
Collateral, guarantee and enforcement |
Cadaster identification |
Applicable to all |
Secured loan |
The name and/or identification code of the official register (cadaster) showing details of ownership, boundaries and value of the immovable property (collateral). |
|
Alphanumeric |
|
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|
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4,09 |
Collateral, guarantee and enforcement |
Lien position |
Applicable to all |
Secured loan |
The highest ranking position held by the institution in relation to the collateral other than mortgage guarantee, which determines the order in which the law recognises the institution's claims against the collateral in a foreclosure. In case the loan has several liens on one collateral, the highest claim held by the institution is reported in this field. Applicable if the lien is recorded against the title to the collateral in the official deed records. In the case of mortgage guarantees, this field is not filled under this template but in the Template 4.2: Mortgage guarantee. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,10 |
Collateral, guarantee and enforcement |
Higher Ranking Loan |
Applicable to all |
Secured loan |
The amount that higher ranking claimants/holders of first position liens are entitled to receive before the institution in a foreclosure of the collateral other than mortgage guarantee. The purpose of this field is to provide an indication of the extent to which the institution will be able to recoup the outstanding debt from the collateral in a foreclosure after first position liens have been settled in full. Applicable if the institution does not hold the first position lien in relation to the collateral. In the case of mortgage guarantees, this field is not filled under this template but in the Template 4.2: Mortgage guarantee. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,11 |
Collateral, guarantee and enforcement |
Register of Deeds Number |
Applicable to all |
Secured loan |
Registration number under which the institution's lien against the title to the collateral other mortgage guarantee is recorded in the official deed records. Applicable if the institution has a lien on the collateral. In the case of mortgage guarantees, this field is not filled under this template but in the Template 4.2: Mortgage guarantee. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
4,12 |
Collateral, guarantee and enforcement |
Year of construction |
Applicable to all |
Secured loan |
The year in which the collateral was constructed. |
|
|
|
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|
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4,13 |
Collateral, guarantee and enforcement |
Building Area (M2) |
Applicable to all |
Secured loan |
Building area (square metres) of the immovable property. Applicable to all immovable (real estate) collateral. |
|
Number |
|
|
|
|
|
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4,14 |
Collateral, guarantee and enforcement |
Land Area (M2) |
Applicable to all |
Secured loan |
Land area surrounding the immovable property (square metres). Applicable to all immovable (real estate) collateral. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,15 |
Collateral, guarantee and enforcement |
Completion of immovable property |
Applicable to all |
Secured loan |
Indicator as to whether the construction of the immovable property is complete. |
|
Boolean (Yes or No). |
|
|
|
|
|
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4,16 |
Collateral, guarantee and enforcement |
Value of Energy Performance Certificate |
Applicable to all |
Secured loan |
For immovable property collateral, value stated on the Energy Performance Certificate as defined in the EU Energy Efficiency Directive 2012. Applicable to all immovable (real estate) collateral. |
|
Choice:
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|
|
|
||||||||||||||||||||||||||||
4,17 |
Collateral, guarantee and enforcement |
Type of Occupancy |
Applicable to all |
Secured loan |
Type of occupancy for immovable property collateral. If the property has a mixed use, it can be classified according to its dominant use (based for example on the surface areas dedicated to each use). Applicable to all immovable (real estate) collateral. |
|
Choice:
|
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|
||||||||||||||||||||||||||||
4,18 |
Collateral, guarantee and enforcement |
Currency of collateral and guarantee |
Applicable to all |
Secured loan |
Currency that the valuation and cash flows related to the collateral or guarantee are expressed in. Applicable to all type of collateral (immovable and movable property) and guarantees. |
Mandatory |
Choice field populated by using ISO 4217 Currency Codes. |
|
|
|
|
|
||||||||||||||||||||||||||||
4,19 |
Collateral, guarantee and enforcement |
Latest Internal Valuation Amount |
Applicable to all |
Secured loan |
The value of the collateral as established for the relevant type of collateral following the chosen internal valuation approach, when last assessed at or prior to the cut-off date. This reflects the value of the collateral, without considering any (regulatory) haircuts. This data field is required when the institution has performed a recent internal valuation before or as at the cut-off date. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,20 |
Collateral, guarantee and enforcement |
Date of Latest Internal Valuation |
Applicable to all |
Secured loan |
Date that the latest internal valuation as reported in the field 'latest internal valuation amount' took place at or prior to the cut-off date. Applicable when the institution has performed a recent internal valuation before or as at the cut-off date. |
Mandatory |
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
4,21 |
Collateral, guarantee and enforcement |
Type of Appraisal Amount for the Latest Internal Valuation |
Applicable to all |
Secured loan |
The type of appraisal amount applied for the latest internal valuation of the collateral: market value, book value, liquidation value, other. The market value is the expected price of the collateral at which it would change hands between a willing and informed buyer and seller. The liquidation value is the expected value of the collateral if it were to be liquidated, presumably at a loss (because it is allowed insufficient time to sell on the open market). The book value is the value of the collateral determined by reference to an intrinsic characteristic such as its cost, its principal balance or the amount that a third party is contractually obligated to pay to acquire, settle or discharge it. The type of appraisal amount is futher complemented by information about the method applied for the valuation in the field 'Type of Latest Internal Valuation'. Applicable when the institution has performed an internal valuation before or as at the cut-off date. |
Mandatory |
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,22 |
Collateral, guarantee and enforcement |
Type of Latest Internal Valuation |
Applicable to all |
Secured loan |
Type of the latest internal valuation for the collateral as reported in the field 'Latest internal valuation amount'. Applicable when the institution has performed an internal valuation before or as at the cut-off date. |
|
Choice populated according to the seller's segmentation. A suggested list is the following:
|
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|
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|
||||||||||||||||||||||||||||
4,23 |
Collateral, guarantee and enforcement |
Latest External Valuation Amount |
Applicable to all |
Secured loan |
The value of the collateral as established for the relevant type of collateral following the chosen external valuation approach, when last assessed at or prior to the cut-off date. This reflects the value of the collateral, without considering any (regulatory) haircuts. This data field is required when the institution has asked for a recent external valuation before or as at the cut-off date. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,24 |
Collateral, guarantee and enforcement |
Date of Latest External Valuation |
Applicable to all |
Secured loan |
Date that the latest external valuation as reported in the field 'latest external valuation amount' took place at or prior to the cut-off date. Applicable when the institution has asked for a recent external valuation performed before or as at the cut-off date. |
Mandatory |
dd/mm/yyyy |
|
|
|
|
|
||||||||||||||||||||||||||||
4,25 |
Collateral, guarantee and enforcement |
Type of Appraisal Amount for the Latest External Valuation |
Applicable to all |
Secured loan |
The type of appraisal amount applied for the latest external valuation of the collateral: market value, book value, liquidation value, other. The market value is the expected price of the collateral at which it would change hands between a willing and informed buyer and seller. The liquidation value is the expected value of the collateral if it were to be liquidated, presumably at a loss (because it is allowed insufficient time to sell on the open market). The book value is the value of the collateral determined by reference to an intrinsic characteristic such as its cost, its principal balance or the amount that a third party is contractually obligated to pay to acquire, settle or discharge it. The type of appraisal amount is futher complemented by information about the method applied for the valuation in the field 'Type of Latest External Valuation'. Applicable when the institution has had an external valuation performed before or as at the cut-off date. |
Mandatory |
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,26 |
Collateral, guarantee and enforcement |
Type of Latest External Valuation |
Applicable to all |
Secured loan |
Type of the latest external valuation for the collateral as reported in the field 'Latest external valuation amount'. Applicable when the institution has had an external valuation performed before or as at the cut-off date. |
|
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,27 |
Collateral, guarantee and enforcement |
Financial Guarantee Amount |
Applicable to all |
Secured loan |
Maximum amount of the guarantee that can be considered as defined in paragraph 119 of Annex V. Part 2 to Commission Implementing Regulation (EU) 2021/451, i.e. for financial guarantees received, the ‘maximum amount of the guarantee that can be considered’ is the maximum amount the guarantor would have to pay if the guarantee is called on. Applicable when "Financial Guarantees" is selected in the field "Type of movable property, other collateral and guarantee". |
Mandatory |
Number |
|
|
Annex V.Part 2.119 |
|
|
||||||||||||||||||||||||||||
4,28 |
Collateral, guarantee and enforcement |
ISIN |
Applicable to all |
Secured loan |
ISIN number in accordance with the ISIN Holdings data. Applicable when ‘Equity and debt Securities’ is selected in the field ‘Type of movable property, other collateral and guarantee’. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,29 |
Collateral, guarantee and enforcement |
Enforcement Status |
Applicable to all |
Secured loan |
Indicator as to whether the collateral has entered into the enforcement process as at cut-off date. Applicable to all type of collateral (immovable and movable property). |
Mandatory |
Boolean (Yes or No). |
Annex X.NPEC 7 |
|
|
|
|
||||||||||||||||||||||||||||
4,30 |
Collateral, guarantee and enforcement |
Enforcement Status Third Parties |
Applicable to all |
Secured loan |
Indicator as to whether any other secured creditors have taken steps to enforce security over the collateral as at the cut-off date. Applicable to all type of collateral (immovable and movable property) |
|
Boolean (Yes or No). |
Annex X.NPEC 8 |
|
|
|
|
||||||||||||||||||||||||||||
4,31 |
Collateral, guarantee and enforcement |
Jurisdiction of Court |
Applicable to all |
Secured loan |
Country of the court responsible for execution of the enforcement process. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
Choice populated by using ISO 3166 ALPHA-2. |
|
|
|
|
|
||||||||||||||||||||||||||||
4,32 |
Collateral, guarantee and enforcement |
Currency of Enforcement |
Applicable to all |
Secured loan |
Currency that the items related to enforcement are expressed in. Applicable when 'yes' is selected in the field 'Enforcement status'. |
|
Choice populated by using ISO 4217 Currency Codes. |
|
|
|
|
|
||||||||||||||||||||||||||||
4,33 |
Collateral, guarantee and enforcement |
Indicator of Enforcement |
Applicable to all |
Secured loan |
Indicator as to whether the enforcement process has been entered into by the corporate or private individual counterparty. Applicable when 'yes' is selected in the field 'Enforcement status'. |
|
Boolean (Yes or No). |
|
|
|
|
|
||||||||||||||||||||||||||||
4,34 |
Collateral, guarantee and enforcement |
Court Appraisal Amount |
Applicable to all |
Secured loan |
Court appraisal amount of the collateral. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
Number |
Annex X.NPEC 12 |
|
|
|
|
||||||||||||||||||||||||||||
4,35 |
Collateral, guarantee and enforcement |
Date of Court Appraisal |
Applicable to all |
Secured loan |
Date that the court appraisal happened. Applicable if a court appraisal has occurred, when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
dd/mm/yyyy |
Annex X.NPEC 13 |
|
|
|
|
||||||||||||||||||||||||||||
4,36 |
Collateral, guarantee and enforcement |
Cash in court |
Applicable to all |
Secured loan |
Cash in court from sold assets awaiting for disburcemen to the institution. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,37 |
Collateral, guarantee and enforcement |
Sale Agreed Price |
Applicable to all |
Secured loan |
Agreed price for the disposal of the collateral. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
Number |
Annex X.NPEC 19 |
|
|
|
|
||||||||||||||||||||||||||||
4,38 |
Collateral, guarantee and enforcement |
Next Auction Date |
Applicable to all |
Secured loan |
Date of the next intended auction to sell the collateral. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
dd/mm/yyyy |
Annex X.NPEC 23 |
|
|
|
|
||||||||||||||||||||||||||||
4,39 |
Collateral, guarantee and enforcement |
Court Auction Reserve Price for Next Auction |
Applicable to all |
Secured loan |
Court set reserve price for next auction. The amount is the minimum price required by the court. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
Number |
Annex X.NPEC 24 |
|
|
|
|
||||||||||||||||||||||||||||
4,40 |
Collateral, guarantee and enforcement |
Last Auction Date |
Applicable to all |
Secured loan |
Date that the last auction was performed in order to sell the collateral. Applicable when 'yes' is selected in the field 'Enforcement status'. |
Mandatory |
dd/mm/yyyy |
Annex X.NPEC 25 |
|
|
|
|
||||||||||||||||||||||||||||
4,41 |
Collateral, guarantee and enforcement |
Court Auction Reserve Price for Last Auction |
Applicable to all |
Secured loan |
Court set reserve price for last auction. This is the minimum price required by the court. Applicable when 'yes' is selected in the field 'Enforcement status'. |
|
Number |
Annex X.NPEC 26 |
|
|
|
|
||||||||||||||||||||||||||||
4,42 |
Collateral, guarantee and enforcement |
Number of Failed Auctions |
Applicable to all |
Secured loan |
Number of failed previous auctions for the collateral. Applicable when 'yes' is selected in the field 'Enforcement status'. |
|
Number |
Annex X.NPEC 27 |
|
|
|
|
||||||||||||||||||||||||||||
4 ,xx |
Collateral, guarantee and enforcement |
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||||||||||||||||
4,43 |
Mortgage guarantee |
Mortgage Identifier |
Applicable to all |
Secured loan |
The institution’s internal identifier for the Mortgage Agreement. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
4,44 |
Mortgage guarantee |
Mortgage amount |
Applicable to all |
Secured loan |
The maximum amount (including any fees, expenses, and liens on the immovable property) that the institution is entitled to receive in a foreclosure of the immovable property, which serves as collateral for the mortgage, as registered in the official deed register. Applicable if a mortgage lien has been established on the collateral. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,45 |
Mortgage guarantee |
Lien position |
|
Secured loan |
The highest ranking position held by the institution in relation to the collateral which determines the order in which the law recognises the institution's claims against the collateral in a foreclosure. In case the loan has several liens on one collateral, the highest claim held by the institution is reported in this field. Applicable if a mortgage lien is recorded against the title to the collateral in the official deed records. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,46 |
Mortgage guarantee |
Higher ranking loan |
|
Secured loan |
The amount that higher ranking claimants/holders of first position liens are entitled to receive before the institution in a foreclosure of the collateral. The purpose of this field is to provide an indication of the extent to which the institution will be able to recoup the outstanding debt from the collateral in a foreclosure after first position liens have been settled in full. Applicable if the institution does not have the first mortgage lien position in relation to the collateral. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
4,47 |
Mortgage guarantee |
Register of Deeds Number |
|
Secured loan |
Registration number under which the institution's mortgage lien against the title to the collateral is recorded in the official deed records. Applicable if the institution has a mortgage lien on the collateral. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
4 ,xx |
Mortgage guarantee |
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||||||||||||||||
5,00 |
Historical collection of repayments |
Loan Identifier |
Applicable to all |
Applicable to all |
Institution’s internal identifier to uniquely identify each loan under a single loan agreement. Each loan must have one loan identifier at the cut-off date. This value cannot be used as the loan identifier for any other loan under the same or different loan agreement. |
Mandatory |
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
5,01 |
Historical collection of repayments |
Type of Collection |
Applicable to all |
Applicable to all |
Indication whether the collections of repayments occurred internally or by external collection agencies. |
|
Choice:
|
|
|
|
|
|
||||||||||||||||||||||||||||
5,02 |
Historical collection of repayments |
Name of External Collection Agent |
Applicable to all |
Applicable to all |
Name of the external collection agent. The field is required only in case of external collection. |
|
Alphanumeric |
|
|
|
|
|
||||||||||||||||||||||||||||
5,03 |
Historical collection of repayments |
History of Total Repayments |
Applicable to all |
Applicable to all |
Total repayment amounts received by the institution for the past thirty-six months minimum from the cut-off date irrespective of the source of repayment, including collections by external collection agencies. Where the amounts are aggregated per month and presented in separate columns. |
Mandatory |
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
5,04 |
Historical collection of repayments |
History of Repayments - From Collateral Sales |
Applicable to all |
Secured loan |
Repayment amounts made by the collateral disposal for the past thirty-six months minimum from the cut-off date. Where the amounts are aggregated per month and presented in separate columns. |
|
Number |
|
|
|
|
|
||||||||||||||||||||||||||||
5 ,xx |
Historical collection of repayments |
|
|
|
|
|
|
|
|
|
|
|
ANNEX III
Instructions for filling templates for loan-by-loan information
This Annex III contains instructions for the use of the data templates for non-performing loans, provided for in Annex I, and of the data glossary set out in Annex II. The instructions are structured into two parts. Part 1 contains general instructions including references, conventions applicable to the templates and an explanation of how to use the data glossary. Part 2 provides specific instructions in relation to the data templates.
PART 1
GENERAL INSTRUCTIONS
1. REFERENCES
In addition to the definitions laid down in Article 2, the following definitions and abbreviations shall apply for data templates for non-performing loans and for the data glossary:
(a) |
‘loan’: this term is conventionally used in data templates to refer to ‘credit agreements’ as defined in Article 3, point (13), of Directive (EU) 2021/2167; |
(b) |
‘secured loan’: means a loan for which either collateral has been pledged or financial guarantees have been received, including the unsecured part of a partially secured or partially guaranteed exposure; |
(c) |
‘commercial real estate’: means any income-producing real estate, either existing or under development, with the exception of social housing and of property owned by end-users, as defined in Article 2 of the Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019; |
(d) |
‘residential real estate’: means any immovable property, available for dwelling purposes, including buy-to-let housing or property, that is acquired, built or renovated by a private household and that is not qualified as commercial real estate, as defined in in Article 2 of the Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019; |
(e) |
‘IAS’ or ‘IFRS’: means the ‘International Accounting Standards’, as defined in Article 2 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council; |
(f) |
‘FINREP’: means the financial information templates referred to in Annex V of Commission Implementing Regulation (EU) 2021/451; |
(g) |
‘ANACREDIT’: means the common granular analytical credit database referred to in Regulation (EU) No 2016/867 of the European Central Bank. |
2. DATA GLOSSARY
The data glossary, which is an integral part of the data templates, contains all the information on the data fields to be provided in the data templates for non performing loans. That information allows credit institutions and prospective buyers to understand how each data field should be used/completed, the applicability of each field in relation to both the borrower type and the loan type. The data glossary also provides references to the EU legal acts that use similar data fields.
With the data glossary, credit institutions are able to identify their internally available data for the valuation of transactions concerning non-performing loans and compare those data with the data glossary. Specifically, the data glossary contains a list of all the data fields included in the data templates for non-performing loans with their specifications, including:
(a) |
the index number for each data field; |
(b) |
the label of each data field; |
(c) |
a description of the information that should be provided in each data field; |
(d) |
the borrower type to which each data field is applicable, including corporates, private individuals or all; |
(e) |
the loan type to which each data field is applicable, including secured loan or all (secured and unsecured loans); |
(f) |
which data fields are marked as ‘Mandatory’; |
(g) |
the field type, which can be one of the following: ‘Boolean’, ‘Choice’, ‘Date (DD/MM/YYYY)’, ‘Alphanumeric’, ‘Percentage’ and ‘Number’; |
(h) |
references to the EU legal acts that use similar data fields. |
3. CONVENTIONS
Unless stated otherwise in the ‘description’ column of the data glossary, credit institutions shall data populate all data fields with the data at the as of the cut-off date.
In the data glossary, the ‘field type’ column sets out the choice of format standards for ‘Boolean’, ‘Choice’, ‘Alphanumeric’, ‘Number’, ‘Percentage’ and ‘Date’ fields. However, the parties involved in the transaction may agree to use different format standards.
Where the field type is ‘Boolean’, the field choice is ‘Yes’ or ‘No’.
Where the field type is ‘Choice’, credit institutions shall select from a list the choice that is applicable to the data field. The choice field shall be entered as the full name of the choice option. For example, where the choice field is ‘(a) ’Private individual’, the credit institution shall enter ‘Private individual’ into the data template.
Where the field type is ‘Alphanumeric’, credit institutions shall enter free text into that data field. That free text may consist either of alphabetical and numerical symbols, or of a finite sequence of characters.
Where the field type is a ‘Number’, credit institutions shall enter a number expressed to two decimal places. Unless stated otherwise in the data glossary, all numerical values are expressed as positive numbers. Furthermore, where relevant credit institutions shall provide the amounts in their own currency.
Where the field type is a ‘Percentage’, credit institutions shall enter a percentage expressed as a ratio to two decimal places.
Where the field type is a ‘Date’, credit institutions shall use the format ‘DD/MM/YYYY’.
4. MANDATORY DATA FIELDS AND ADDITIONAL INFORMATION
Credit institutions shall provide a value for all data fields that are marked in the data glossary as mandatory, except where those data are not relevant for the underwriting criteria specified in the description of the data field or are not relevant in respect of the borrower type or the loan type.
For data fields that are not marked as mandatory in the data glossary, credit institutions shall make reasonable efforts to provide information. However, when those data are not available under the template format, credit institutions may provide those data in a different format or not provide those data at all.
Credit institutions that agree with a prospective buyer to provide more information than required by this Regulation by using the template format, shall add rows with their own specified index (1,xx.1; 3,xx; 4,xx; 5,xx) under the template concerned and in the data glossary. For such additional information, credit institutions may use the 2018 version 1.1 EBA NPL transaction data templates as a reference. Such additional information should as a rule not contain additional personal data, in line with the principle of data minimisation and data protection by design and by default.
PART 2
TEMPLATE RELATED INSTRUCTIONS
1. COUNTERPARTY (Template 1)
Template 1 provides the information necessary to identify the counterparty where that counterparty may assume the role of ‘borrower’ or ‘protection provider’ in relation to different loan contracts. The counterparty may, in turn, be a private individual or a corporate. Where the counterparty is a corporate, it may or may not be part of a counterparty group. In addition, Template 1 covers some information on any insolvency or restructuring proceedings to which the counterparty is subject. Credit institutions shall provide further information on any legal proceeding in relation to a particular loan in Template 3.
Credit institutions shall provide the information required by Template 1 in accordance with the specifications laid down in the data glossary of Annex II. Template 1 is linked to the other templates by the use of the counterparty identifier, which is also included in Template 2. Credit institutions may provide additional information in accordance with Part 1, ‘General instructions’, Section 4.
2. RELATIONSHIP (Templates 2.1; 2.2; 2.3; 2.4)
Template 2 provides the relationship between Template 1 and the other templates by using unique identifiers applied to each counterparty, loan, mortgage guarantee and protection. Credit institutions shall specify those identifiers at the cut-off date to identify the non-performing loan that are object to a sale or transfer transaction.
Template 2.1 shows the relationship between borrowers and loans. One borrower may have several loans that are identified by the related loan identifiers. A loan may in turn have one or more counterparties.
Template 2.2 shows the relationship between mortgage loans and protections (collateral, guarantee). A mortgage deed may relate to a pledge of collateral or to several collaterals, which relate in turn to a loan or several loans. On the other hand, a collateral may refer to one or multiple mortgage deeds.
Template 2.3 shows the relationship between loans other than mortgage loans and protections (collateral, guarantee). A loan may have several collaterals, and a collateral may be related to several loans.
Template 2.4, shows the relationships between the guarantee received and its protection provider.
Credit institutions shall provide the information required by Template 2 in accordance with the specifications laid down in the data glossary of Annex II.
3. LOAN (Template 3)
Template 3 provides information on the contractual loan agreement, including any lease agreement and forbearance measure granted. In addition, template 3 covers information on any legal proceeding referred to the loan, including, among others, the legal status, the stage reached in legal proceedings and the date of initiation of legal proceedings.
Credit institutions shall provide the information required by Template 3 in accordance with the specifications laid down in the data glossary of Annex II. Template 3 is linked to the other templates by the use of the loan identifier, which is also included in Template 2. Credit institutions may provide additional information in accordance with Part 1 ‘General instructions’, Section 4.
4. COLLATERAL, GUARANTEE AND ENFORCEMENT (Templates 4.1; 4.2)
Template 4.1 provides information on any collateral, including immovable and movable property collateral, and guarantees which secure a loan. In addition, the template covers relevant information on any applicable enforcement procedure.
Credit institutions that are a lessee in a lease contract shall provide information on any lease asset (i.e., right-of-use assets) recognised in their financial statements in accordance with the applicable accounting standards.
Credit institutions shall also provide the latest estimated value of any collateral before or at the cut-off date. The latest estimate value may be calculated either internally by the credit institution, or by an external valuer. Credit institutions shall provide the latest evaluation (internal or external), when it is available. When both internal and external valuations are available, credit institutions may provide the prospective buyer with both values with the related valuation dates.
In case of mortgage guarantees, credit institutions shall provide the information on ‘mortgage amount’, ‘lien position’, and ‘higher ranking loan’ in Template 4.2.
Credit institutions shall provide the information required by Template 4 in accordance with the specifications laid down in the data glossary of Annex II. Template 4.1 and template 4.2 are linked to the other templates by the use of the protection identifier and the mortgage identifier, which are also included in Template 2. Credit institutions may provide additional information in accordance with Part 1 ‘General instructions’, Section 4.
5. HISTORICAL COLLECTION OF REPAYMENTS (Template 5)
Template 5 provides information on the historical collection for each loan before the cut-off date, including when the credit institution has used an external collection agent.
Credit institutions shall aggregate the total historical repayment amounts per month and present those amounts in separate columns, covering a minimum period of 36 months before the cut-off date.
Credit institutions shall provide the information required by Template 5 in accordance with the specifications laid down in the data glossary of Annex II. Template 5 is linked to the other templates by the use of the loan identifier, which is also included in Templates 2 and 3. Credit institutions may provide additional information in accordance with Part 1 ‘General instructions’, Section 4. Credit institutions may provide a longer time series before the cut-off date.
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/64 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2084
of 27 September 2023
amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 230(1) and 232(1) and (3) thereof.
Whereas:
(1) |
Regulation (EU) 2016/429 provides that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union. |
(2) |
Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements that consignments of certain species and categories of animals, germinal products and products of animal origin, from third countries or territories, or zones thereof, or compartments thereof in the case of aquaculture animals, must comply with in order to enter the Union. |
(3) |
Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted. |
(4) |
More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds. |
(5) |
Canada has notified the Commission of an outbreak of highly pathogenic avian influenza (HPAI) in poultry in the province of Alberta, which was confirmed on 11 September 2023 by laboratory analysis (RT-PCR). |
(6) |
The United Kingdom has notified the Commission of an outbreak of HPAI in poultry on the Isle of Lewis, Scotland, which was confirmed on 25 August 2023 by laboratory analysis (RT-PCR). |
(7) |
The United States has notified the Commission of an outbreak of HPAI in poultry in the state of New Jersey, which was confirmed on 15 September 2023 by laboratory analysis (RT-PCR). |
(8) |
Following these recent outbreaks of HPAI, the veterinary authorities of Canada, the United Kingdom and the United States established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy to control the presence of HPAI and limit the spread of that disease. |
(9) |
Canada, the United Kingdom and the United States have submitted information to the Commission on the epidemiological situation on their territories and the measures taken to prevent the further spread of HPAI. |
(10) |
That information has been evaluated by the Commission. The Commision considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of Canada, the United Kingdom and the United States, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from those areas should be suspended, in order to protect the animal health status of the Union. |
(11) |
The United Kingdom and the United States have provided updated information to the Commission in relation to the epidemiological situation on their territories as regards HPAI that gave rise to the suspension of the entry of certain products into the Union, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404. |
(12) |
In particular, the United Kingdom has submitted updated information on the epidemiological situation in relation to three outbreaks of HPAI in poultry establishments in the county of Aberdeenshire and on the Isle of Lewis, Scotland, which were confirmed on 9 July 2023 and 8 August 2023. |
(13) |
Furthermore, the United States has submitted updated information on the epidemiological situation on its territory in relation to two outbreaks of HPAI in poultry establishments in the state of New York, which were confirmed on 12 April 2023 and 17 April 2023. |
(14) |
The United Kingdom and the United States have also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, the United Kingdom and the United States have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories. |
(15) |
The Commission has evaluated the information submitted by the United Kingdom and the United States and considers that the United Kingdom and the United States have provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of poultry commodities from the concerned zones of the United Kingdom and the United States from which entry into the Union had been suspended, should be reauthorised. |
(16) |
Annexes V and XIV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation as regards HPAI in Canada, the United Kingdom and the United States. |
(17) |
Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards HPAI, and in order to avoid unnecessary disruption of trade with the United Kingdom and the United States, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency. |
(18) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.
Article 2
Entry into force and applicability
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, 27 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).
ANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
(1) |
Annex V is amended as follows:
|
(2) |
in Annex XIV, in Part 1, Section B is amended as follows:
|
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/70 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2085
of 27 September 2023
amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
(2) |
Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. |
(3) |
Regulation (EC) No 1484/95 should therefore be amended accordingly. |
(4) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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, 27 September 2023.
For the Commission,
On behalf of the President,
Wolfgang BURTSCHER
Director-General
Directorate-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 150, 20.5.2014, p. 1.
(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).
ANNEX
‘ANNEX I
CN code |
Description |
Representative price (EUR/100 kg) |
Security under Article 3 (EUR/100 kg) |
Origin (1) |
0207 14 10 |
Fowls of the species Gallus domesticus, boneless cuts, frozen |
219,7 |
24 |
BR |
(1) Nomenclature laid down by Commission Implementing Regulation (EU) 2020/1470 of 12 October 2020 on the nomenclature of countries and territories for the European statistics on international trade in goods and on the geographical breakdown for other business statistics (OJ L 334, 13.10.2020, p. 2).
29.9.2023 |
EN |
Official Journal of the European Union |
L 241/73 |
COMMISSION REGULATION (EU) 2023/2086
of 28 September 2023
amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the use of buffered vinegar as a preservative and acidity regulator
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (1), and in particular Articles 10(3) and 14 thereof,
Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2), and in particular Article 7(5) thereof,
Whereas:
(1) |
Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. |
(2) |
Commission Regulation (EU) No 231/2012 (3) lays down specifications for food additives that are listed in Annexes II and III to Regulation (EC) No 1333/2008. |
(3) |
Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives and specifications for food additives may be updated either on the initiative of the Commission or following an application from a Member State or an interested party. |
(4) |
In March 2021, an application was submitted to the Commission for the authorisation of use of buffered vinegar as a preservative and acidity regulator in a broad variety of food categories. The application was subsequently made available to the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008. |
(5) |
In the opinion published on 1 July 2022 (4), the European Food Safety Authority (‘the Authority’) evaluated the safety of the proposed use of buffered vinegar as a food additive. As acetic acid and its salts are the primary constituents of buffered vinegar, the Authority referred to its previous assessment of acetic acid as a pesticide active substance in 2013 (5) in which it concluded that the establishment of an acceptable daily intake (ADI) for acetic acid is not considered necessary. Such conclusion is reached for substances of a very low safety concern and only if there is reliable information for both exposure and toxicity and there is a low probability of adverse health effects in humans at doses that do not induce nutritional imbalance in animals (6). Taking into account the assessment of acetic acid in 2013 and that buffered vinegar dissociates into the acetic anion, a natural constituent of the human diet and of the human body for which extensive data on its biological effects exist, the Authority assessed the safety of buffered vinegar without biological or toxicological data obtained with this food additive and concluded that that there is no safety concern for the use of buffered vinegar as a food additive at the proposed maximum use levels. |
(6) |
Part C of Annex II to Regulation (EC) No 1333/2008 defines all groups of additives. Group I of Part C lists food additives, except for colours and sweeteners, for which there is no need for a numerical acceptable daily intake and which are authorised for use in many foods in accordance with the quantum satis principle as defined in Article 3(2), point (h) of that Regulation. The outcome of the safety assessment of buffered vinegar allows its inclusion in Part C, Group I, of Annex II to Regulation (EC) No 1333/2008. |
(7) |
Buffered vinegar is a liquid or dried product prepared by adding sodium/potassium hydroxides (E 524-525) and sodium/potassium carbonates (E 500-501) to vinegar, which is compliant with European Standard EN 13188:2000 and is exclusively obtained from an agricultural source origin (except wood/cellulose) by a double (alcoholic and acetous) fermentation. Buffered vinegar is intended for use as an alternative to other authorised preservatives or acidity regulators, in particular to acetic acid and its salts (E 260-263). Buffering increases pH and allows the use as a preservative or acidity regulator in many food categories without impacting the quality of foods. |
(8) |
It is therefore appropriate to authorise the use of buffered vinegar as a food additive and to assign E 267 as the E-number to that additive. |
(9) |
The specifications for buffered vinegar (E 267) should be included in the Annex to Regulation (EU) No 231/2012 as this additive is included in the Union list of food additives laid down in Annex II to Regulation (EC) No 1333/2008 for the first time. |
(10) |
Regulations (EC) No 1333/2008 and (EU) No 231/2012 should therefore be amended accordingly. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 1333/2008 is amended in accordance with Annex I to this Regulation.
Article 2
The Annex to Regulation (EU) No 231/2012 is amended in accordance with Annex II to this Regulation.
Article 3
This Regulation shall enter into force on the twentieth 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, 28 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 354, 31.12.2008, p. 16.
(2) OJ L 354, 31.12.2008, p. 1.
(3) Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).
(4) EFSA Journal 2022;20(7):7351.
(5) EFSA Journal 2013;11(1):3060.
(6) EFSA Journal 2014;12(6):3697; Statement on a conceptual framework for the risk assessment of certain food additives re-evaluated under Commission Regulation (EU) No 257/2010.
ANNEX I
Annex II to Regulation (EC) No 1333/2008 is amended as follows:
(a) |
in Part B, point 3 ‘Additives other than colours and sweeteners’, the following new entry is inserted after the entry for food additive E 263, Calcium acetate:
|
(b) |
in Part C, Group I, the entry for E 267 is inserted after the entry for E 263, Calcium acetate:
|
(c) |
Part E is amended as follows:
|
ANNEX II
In the Annex to Regulation (EU) No 231/2012, the following new entry is inserted after the entry for food additive E 263 CALCIUM ACETATE:
‘E 267 BUFFERED VINEGAR |
|
Synonyms |
Buffered vinegar (liquid); buffered vinegar (powder) |
Definition |
Buffered vinegar is a liquid or dried product prepared by adding buffering agents to vinegar. The buffering agents used are sodium/potassium hydroxides (E 524 to E 525) and sodium/potassium carbonates (E 500 to E 501). The vinegar is compliant with the European Standard EN 13188:2000 and is exclusively obtained from an agricultural source origin (except wood/cellulose) by double fermentation, alcoholic and acetous. The primary constituents of buffered vinegar are acetic acid and its salts. |
Assay |
Liquid: 15–40 % (w/w) acetic acid equivalents |
Powder: 55–75 % (w/w) acetic acid equivalents |
|
2 to 20 % (w/w) free acetic acid |
|
Description |
Liquid: colourless to brown viscous liquid |
Powder: white to creamy-white crystalline powder |
|
Identification |
Liquid: pH 4,75–7,5 |
Powder: pH 4,75–6,75 (10 % aqueous solution) |
|
Purity |
|
Cations |
Liquid: Not more than 10 % sodium and 30 % potassium |
Powder: Not more than 30 % sodium and 40 % potassium |
|
Water content |
Powder: Not more than 18 % (Karl Fischer Method) |
Ethanol |
Not more than 0,5 % w/w |
Arsenic |
Not more than 0,05 mg/kg |
Lead |