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Document 32022R2454

Commission Implementing Regulation (EU) 2022/2454 of 14 December 2022 laying down implementing technical standards for the application of Directive 2002/87/EC of the European Parliament and of the Council with regard to supervisory reporting of risk concentrations and intra-group transactions (Text with EEA relevance)

C/2022/9198

OJ L 324, 19.12.2022, p. 55–110 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force: This act has been changed. Current consolidated version: 19/12/2022

ELI: http://data.europa.eu/eli/reg_impl/2022/2454/oj

19.12.2022   

EN

Official Journal of the European Union

L 324/55


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2454

of 14 December 2022

laying down implementing technical standards for the application of Directive 2002/87/EC of the European Parliament and of the Council with regard to supervisory reporting of risk concentrations and intra-group transactions

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (1), and in particular Article 21a(2), points (b) and (c), thereof,

Whereas:

(1)

According to Article 7(2), second subparagraph, Article 8(2), third subparagraph, and Annex II to Directive 2002/87/EC, coordinators are responsible for supervising significant risk concentrations and intra-group transactions at the level of financial conglomerates.

(2)

When supervising significant risk concentrations and intra-group transactions, coordinators and other relevant competent authorities are to take into account the specific group and risk management structure of the financial conglomerate and the existing sector-specific requirements on intra-group transactions and risk concentrations, in particular when identifying the significant risk concentrations and significant intra-group transactions that regulated entities and mixed financial holding companies in a particular financial conglomerate are to report pursuant to Articles 7(2) and 8(2) of Directive 2002/87/EC.

(3)

To help coordinators and other relevant competent authorities to identify potential issues for the assessment of the risks taken by the conglomerate and to facilitate coordinated supervisory practices across the Union, regulated entities and mixed financial holding companies should report significant intra-group transactions and significant risk concentrations in a consistent and standardised manner.

(4)

To allow for sufficient time for financial conglomerates to adapt to the new reporting requirements, this date of application of this Regulation should be deferred.

(5)

This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Supervisory Authorities (European Banking Authority, European Insurance and Occupational Pensions Authority, European Securities and Markets Authority).

(6)

The European Supervisory Authorities have 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 advice of the European Supervisory Authorities’ respective Stakeholder Groups in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (2), Regulation (EU) No 1094/2010 of the European Parliament and of the Council (3) and Regulation (EU) No 1095/2010 of the European Parliament and of the Council (4) respectively,

HAS ADOPTED THIS REGULATION:

Article 1

Scope and frequency of reporting on significant intra-group transactions and risk concentrations

1.   Without prejudice to the obligations laid down in Articles 7(2) and 8(2) of Directive 2002/87/EC, the coordinator appointed in accordance with Article 10 of that Directive may demand regulated entities or mixed financial holding companies to submit information about significant risk concentrations and significant intra-group transactions on an ad hoc basis, after having consulted the relevant competent authorities.

2.   Regulated entities or mixed financial holding companies shall ensure that the data reported in accordance with Articles 7(2) and 8(2) of Directive 2002/87/EC are consistent with the data submitted in accordance with the requirements of the relevant sectoral rules as defined in Article 2(7) of that Directive, and in particular with Regulation (EU) No 575/2013 of the European Parliament and of the Council (5) and Commission Delegated Regulation (EU) 2015/35 (6).

3.   In accordance with Annex II to Directive 2002/87/EC, the coordinator, after having consulted the relevant competent authorities, shall specify the type of transactions that regulated entities or mixed financial holding companies shall report.

4.   Regulated entities or mixed financial holding companies shall submit to the coordinator any requested information and any corrections to the data without undue delay.

Article 2

Format of reporting on significant risk concentrations

1.   When reporting information on significant risk concentrations in accordance with Article 7(2) of Directive 2002/87/EC, regulated entities or mixed financial holding companies shall submit the information referred to in templates FC.06, FC.07 and FC.08 of Annex I to this Regulation in accordance with the instructions laid down in Annex II to this Regulation.

2.   When reporting, in accordance with Article 3(5), point (e), of Commission Delegated Regulation (EU) 2015/2303 (7), to the coordinator appointed in accordance with Article 10 of Directive 2002/87/EC, information on the management of conflicts of interests and risks of contagion at the level of the financial conglomerate regarding significant risk concentrations, regulated entities or mixed financial holding companies shall use the format requested by that coordinator.

Article 3

Format of reporting on significant intra-group transactions

1.   When reporting information on significant intra-group transactions in accordance with Article 8(2) of Directive 2002/87/EC, regulated entities or mixed financial holding companies shall submit the information referred to in templates FC.00 to FC.05 of Annex I to this Regulation in accordance with the instructions laid down in Annex II to this Regulation.

2.   When reporting, in accordance with Article 2(4), point (d), of Delegated Regulation (EU) 2015/2303, to the coordinator appointed in accordance with Article 10 of Directive 2002/87/EC information on the management of conflicts of interests and risks of contagion at the level of the financial conglomerate regarding significant intra-group transactions, regulated entities or mixed financial holding companies shall use the format requested by the coordinator.

Article 4

Transmission

Regulated entities or mixed financial holding companies shall submit the information referred to in Articles 1, 2 and 3 of this Regulation in the data exchange formats specified by the coordinator, in accordance with the following specifications:

(a)

data points shall be reported using no decimals and precision equivalent to units;

(b)

the reporting currency shall be the one used for the preparation of the consolidated financial statements.

Article 5

Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 31 December 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 December 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 35, 11.2.2003, p. 1.

(2)  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).

(3)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

(4)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

(5)  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).

(6)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

(7)  Commission Delegated Regulation (EU) 2015/2303 of 28 July 2015 supplementing Directive 2002/87/EC of the European Parliament and of the Council with regard to regulatory technical standards specifying the definitions and coordinating the supplementary supervision of risk concentration and intra-group transactions (OJ L 326, 11.12.2015, p. 34).


ANNEX I

Templates for reporting on intra-group trasactions (IGT) and risk concentration (RC)

Index

FC.00

Summary template

FC.01

Equity-type transactions, debt and asset transfers

FC.02

Derivatives

FC.03

Off-balance sheet and contingent liabilities

FC.04

Insurance-reinsurance

FC.05

P&L

FC.06

Risk Concentration - Exposure by counterparties

FC.07

Risk Concentration – Exposure by currency, sector, country

FC.08

Risk Concentration – Exposure by asset class and rating

FC.00   Summary template

Image 1

FC.01   Equity-type transactions, debt and asset transfers

Image 2

FC.02   Derivatives

Image 3

FC.03   Off-balance sheet and contingent liabilities