Commission Delegated Regulation (EU) No 1222/2014 of 8 October 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions Text with EEA relevance
Modified by
  • Commission Delegated Regulation (EU) 2016/1608of 17 May 2016amending Delegated Regulation (EU) No 1222/2014 with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions(Text with EEA relevance), 32016R1608, September 8, 2016
  • Commission Delegated Regulation (EU) 2021/539of 11 February 2021amending Delegated Regulation (EU) No 1222/2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions(Text with EEA relevance), 32021R0539, March 29, 2021
Commission Delegated Regulation (EU) No 1222/2014of 8 October 2014supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions(Text with EEA relevance)
Article 1Subject matter and scopeThis Regulation specifies the methodology in accordance with which the authority referred to in Article 131(1) of Directive 2013/36/EU (hereinafter referred to as "relevant authority") of a Member State shall identify, on a consolidated basis, a relevant entity as a global systemically important institution (G-SII), and the methodology for the definition of subcategories of G-SIIs and the allocation of G-SIIs to those subcategories based on their systemic significance and, as part of the methodology, timelines and data to be used for the identification.
Article 2DefinitionsFor the purpose of this Regulation, the following definitions apply:(1)"Relevant entity" means a group headed by an EU parent institution, an EU parent financial holding company or an EU parent mixed financial holding company, or an institution that is not a subsidiary of an EU parent institution, of an EU parent financial holding company or of an EU parent mixed financial holding company;(2)"Indicator value" means for each indicator set out in Article 6 and for each relevant entity of the sample the individual value of the indicator and for each bank authorised in a third country a comparable individual value publicly disclosed in accordance with internationally agreed standards;(3)"Denominator" means for each indicator the total aggregate value of the indicator values of the relevant entities and banks authorised in third countries of the sample;(4)"Cut-off score" means a score value determining the lowest boundary and the boundaries between the five subcategories as defined in Article 131(9) of Directive 2013/36/EU.
Article 3Common parameters for the methodology1.The EBA shall identify a sample of institutions or groups whose indicator values are to be used as reference values representing the global banking sector for the purpose of calculating the scores, taking into account internationally agreed standards, in particular the sample used by the Basel Committee on Banking Supervision for the identification of global systemically important banks and shall notify relevant authorities of the relevant entities included in the sample by 31 July of each year.The sample shall consist of relevant entities and banks authorised in third countries and comprise the 75 largest of them, based on the total exposure as defined in Article 6(1), as well as relevant entities that were designated as G-SIIs and banks in third countries that were designated as global systemically important in the previous year.The EBA shall exclude or add relevant entities or banks authorised in third countries, if and to the extent necessary to ensure an adequate reference system for assessing systemic significance reflecting the global financial markets and the global economy, taking into account internationally agreed standards including the sample used by the Basel Committee on Banking Supervision.2.The relevant authority shall report the indicator values of each relevant entity with a total exposure measure, calculated in accordance with Article 429(4) of Regulation (EU) No 575/2013 of the European Parliament and of the CouncilRegulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1)., above EUR 200 billion that is authorised within its jurisdiction to the EBA not later than 31 July of each year. The indicator values shall be collected by the relevant authority taking into account the further specifications of the underlying data as set out in any guidelines developed by the EBA pursuant to Article 16 of Regulation (EU) No 1093/2010 of the European Parliament and of the CouncilRegulation (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).. The relevant authority shall ensure that the indicator values are identical to those submitted to the Basel Committee on Banking Supervision.3.The EBA shall compute the denominators, based on the indicator values reported by the relevant authority pursuant to paragraph 2, taking into account internationally agreed standards, in particular the denominators published by the Basel Committee on Banking Supervision for that year, and notify them to relevant authorities. The denominator of an indicator shall be the aggregate amount of the indicator values across all relevant entities and banks authorised in third countries in the sample, as reported for the relevant entities pursuant to paragraph 2 and disclosed by the banks authorised in third countries on 31 July of the relevant year.
Article 4Identification procedure1.The relevant authority shall calculate the scores of the relevant entities that are included in the sample notified by the EBA and which are authorised in its jurisdiction not later than 1 September of each year.2.Where the relevant authority, in the exercise of sound supervisory judgement, reallocates a G-SII from a lower subcategory to a higher subcategory or designates a relevant entity as a G-SII in accordance with points (a) or (b) of Article 131(10) of Directive 2013/36/EU, respectively, the relevant authority shall provide the EBA with a detailed statement in written form on the reasons for its assessment not later than 1 November of each year.3.Where the relevant authority, in the exercise of sound supervisory judgement, reallocates a G-SII from a higher subcategory to a lower subcategory in accordance with point (c) of Article 131(10) of Directive 2013/36/EU, the relevant authority shall provide the EBA with a detailed statement in written form on the reasons for its assessment not later than 30 September of each year.4.The reallocation or designation referred to in paragraph 2 shall take effect as of 1 January of the second year following the calendar year in which the denominators have been notified to the relevant authorities in accordance with Article 3(3). Where a G-SII is allocated to a lower subcategory than in the previous year’s identification process, the lower G-SII buffer requirement shall take effect from 1 January of the year following that reallocation, unless the relevant authority exerts its sound supervisory judgement to delay the application of that requirement to the date referred to in the first sentence of this paragraph.5.The identification of a relevant entity as a G-SII by the relevant authority shall include the Legal Entity Identifiers (LEIs) of all legal entities included in the prudential scope of consolidation of the G-SII. The relevant entity identified by the relevant authority shall disclose to the relevant authority by 1 March of the year following the year of the identification exercise its group structure by providing the LEIs, where available, of all consolidated entities in the group. The relevant entity shall ensure that its group structure as disclosed through the global LEI database is permanently updated.
Article 5Identification as G-SII, determination of the scores and allocation to subcategories1.The indicator values shall be based on reported data of the relevant entity of the preceding financial year-end, on a consolidated basis, and for banks authorised in third countries on data disclosed in accordance with internationally agreed standards. Relevant authorities may use indicator values of relevant entities whose financial year-end is 30 June based on their position on 31 December.1a.By way of derogation from paragraph 1, the indicator values referred to in Article 6(1), Article 6(2), points (a), (b) and (c), and Article 6(4), points (a) and (b), shall also include insurance subsidiaries.2.The relevant authority shall determine the score of each relevant entity in the sample as the simple average of the category scores subject to a maximum category score of 500 basis points for the category measuring substitutability.Each category score, except for the category measuring the substitutability of the services and of the financial infrastructure provided by the group, shall be calculated as the simple average of the values resulting from dividing each of the indicator values of that category by the denominator of the indicator notified by the EBA.The score for the category measuring the substitutability of the services and of the financial infrastructure provided by the group shall be calculated as the weighted average of the indicator values of that category. For that purpose, the indicators for assets under custody as referred to in Article 6(3), point (a), and for payments activity as referred to in Article 6(3), point (b), shall be weighted in full, and the indicators for underwritten transactions in debt and equity markets as referred to in Article 6(3), point (c), and for trading volume as referred to in Article 6(3), point (d), shall be weighted at 50 %.The scores shall be expressed in basis points and shall be rounded to the nearest whole basis point.3.The lowest cut-off score shall be 130 base points. The subcategories shall be allocated as follows:(a)subcategory 1 shall encompass scores from 130 to 229 base points;(b)subcategory 2 shall encompass scores from 230 to 329 base points;(c)subcategory 3 shall encompass scores from 330 to 429 base points;(d)subcategory 4 shall encompass scores from 430 to 529 base points;(e)subcategory 5 shall encompass scores from 530 to 629 base points.4.The relevant authority shall identify a relevant entity as a G-SII where the score of that entity is equal to or higher than the lowest cut-off score. A decision to designate a relevant entity as a G-SII in the exercise of sound supervisory judgment in accordance with Article 131(10)(b) of Directive 2013/36/EU shall be based on an assessment of whether its failure would have a significant negative impact on the global financial market and the global economy.5.The relevant authority shall allocate a G-SII to a subcategory in accordance with its score. A decision to re-allocate a G-SII from a lower subcategory to a higher subcategory in the exercise of sound supervisory judgment in accordance with Article 131(10)(a), of Directive 2013/36/EU shall be based on an assessment whether its failure would have a higher negative impact on the global financial market and the global economy.5a.The relevant authority shall determine an additional overall score for each relevant entity with cross-border activities across participating Member States as referred to in Article 4(1) of Regulation (EU) No 806/2014 of the European Parliament and of the CouncilRegulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1). by following the process set out in paragraph 2 of this Article, but shall replace the relevant entity’s indicator values referred to in Article 6(5), points (a) and (b) with those calculated in accordance with the second subparagraph of this paragraph, and shall replace the corresponding denominators with the revised denominators provided by the EBA.For the purposes of the first subparagraph, the relevant authority shall consider as domestic all claims and liabilities vis-à-vis counterparties established in participating Member States as referred to in Article 4(1) of Regulation (EU) No 806/2014. For the categories referred to in Art 131(2), points (a) to (d), of Directive 2013/36/EU, the relevant authority shall consider the same unchanged indicator values reported by the relevant entity and denominators notified by the EBA.5b.On the basis of the additional overall score referred to in paragraph 5a, a decision to reallocate a G-SII from a higher subcategory to a lower subcategory, in the exercise of sound supervisory judgement in accordance with Article 131(10), point (c), of Directive 2013/36/EU, shall be based on an assessment of whether the failure of the G-SII would have a lower negative impact on the global financial market and the global economy. That assessment shall, where appropriate, take into account any views or reservations adopted by the BCBS in accordance with its publicly available methodology for assessing the systemic importance of global systemically important banks.The additional overall score referred to in paragraph 5a may determine the reallocation of the G-SII by the relevant authority to the next lower subcategory as referred to in paragraph 3 of this Article. The reallocation of the G-SII to a lower subcategory shall be limited to a maximum of one subcategory level.6.The decisions referred to in paragraphs 4, 5 and 5b shall be supported by ancillary indicators, which shall not be indicators of the probability that the relevant entity will fail. Such decisions shall be based on well-documented and verifiable quantitative and qualitative information.
Article 6Indicators1.The category measuring the size of the group shall consist of one indicator equal to the total exposure of the group.2.The category measuring the interconnectedness of the group with the financial system shall consist of all of the following indicators:(a)intra-financial system assets;(b)intra-financial system liabilities;(c)securities outstanding.3.The category measuring the substitutability of the services or of the financial infrastructure provided by the group shall consist of all of the following indicators:(a)assets under custody;(b)payments activity;(c)underwritten transactions in debt and equity markets;(d)trading volume.4.The category measuring the complexity of the group shall consist of all of the following indicators:(a)notional amount of over-the-counter derivatives;(b)assets included in the level 3 of fair-value measured in accordance with Delegated Regulation (EU) No 1255/2012Commission Regulation (EU) No 1255/2012 of 11 December 2012 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard 12, International Financial Reporting Standards 1 and 13, and Interpretation 20 of the International Financial Reporting Interpretations Committee (OJ L 360, 29.12.2012, p. 78).;(c)trading and available-for-sale securities.5.The category measuring the cross border activity of the group shall consist of the following indicators:(a)cross-jurisdictional claims;(b)cross-jurisdictional liabilities.6.For data reported in currencies other than the Euro, the relevant authority shall use an appropriate exchange rate taking into account the reference exchange rate published by the European Central Bank applicable on 31 December and international standards. For the payment activity indicator as referred to in paragraph 3(b), the relevant authority shall use the average exchanges rates for the relevant year.
Article 7Transitional provisionsBy way of derogation from the first subparagraph of Article 3(1), the EBA shall determine the sample to identify a relevant entity as a G-SII for the year 2014 by 14 January 2015. The relevant authorities shall report the indicator values regarding relevant entities within that sample based on data for financial year-ends prior to July 2014 to the EBA, by 21 January 2015. Based on those indicator values, the EBA shall calculate the denominators for the year 2014 by 30 January 2015. The relevant authorities shall determine, on the basis of those denominators, the scores for the relevant entities for the year 2014. They shall also identify G-SIIs and allocate them to subcategories. Concurrently, the relevant authority shall notify the identified G-SIIs to the Commission, the ESRB and EBA and publish their names together with their scores for the year 2014 by 28 February 2015.By way of derogation from Article 4(2), the identification of a relevant entity as a G-SII and the subcategory it is allocated to, based on the scores for the year 2014, shall apply from 1 January 2016.
Article 8Entry into forceThis 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 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXFor the purposes of Article 6, the indicators shall be determined as follows:1.Total exposureThe total exposure shall be the aggregate of total on-balance sheets items and of total derivative and off-balance sheet items, on a consolidated basis, including entities consolidated for accounting purposes but not for risk-based regulatory purposes, less regulatory adjustments.The total exposure shall follow the accounting measure of exposure (however, using the broader scope of consolidation) subject to the following principles:On-balance sheet, non-derivative exposures are included in the exposure measure net of specific provisions and valuation adjustments (for example credit valuation adjustments),Netting of loans and deposits shall not be allowed,Physical or financial collateral, guarantees or credit risk mitigation purchased shall not reduce on-balance sheet exposures.On-balance sheet items shall be the aggregate of the following:(a)counterparty exposure of derivatives contracts;(b)gross value of securities financing transactions (SFTs);(c)counterparty exposure of SFTs;(d)the maximum of (i) other assets less securities received in SFTs that are recognised as assets and (ii) zero.Off-balance sheet items shall be the aggregate of the following:(a)potential future exposure of derivative contracts;(b)notional amount of off-balance sheet items with a 0 % Credit Conversion Factor (CCF), less 100 % of unconditionally cancellable credit card commitments, less 100 % of other unconditionally cancellable commitments;(c)10 % of unconditionally cancellable credit card commitments;(d)10 % of other unconditionally cancellable commitments;(e)notional amount of off-balance sheet items with a 20 % CCF;(f)notional amount of off-balance sheet items with a 50 % CCF;(g)notional amount of off-balance sheet items with a 100 % CCF.For entities consolidated for accounting purposes but not for risk-based regulatory purposes the indicator value shall be increased by the aggregate of the following:(a)on-balance sheet assets;(b)potential future exposure of derivatives contracts;(c)10 % of unconditionally cancellable commitments;(d)other off-balance sheet commitments;(e)less investment value in the consolidated entities.2.InterconnectednessFor the purpose of the interconnectedness indicators, financial institutions shall be defined as including banks and other deposit-taking institutions, bank holding companies, securities dealers, insurance companies, mutual funds, hedge funds, pension funds, investment banks, and central counterparties (CCPs). Central banks and other public sector bodies (for example multilateral development banks) shall be excluded, but state-owned commercial banks shall be included.2.1.Intra-financial system assetsIntra-financial system assets shall be the aggregate of funds deposited with or lent to other financial institutions and undrawn committed lines extended to other financial institutions, holdings of securities issued by other financial institutions, the net positive current exposure of securities financing transactions and over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value.(a)Funds deposited or lent to other financial institutions and undrawn committed linesFunds deposited or lent to other financial institutions and undrawn committed lines shall be the aggregate of the following:(1)Funds deposited with or lent to other financial institutions, including certificates of deposit;(2)Undrawn committed lines extended to other financial institutions.(b)Holdings of securities issued by other financial institutionsThis item shall reflect all holdings of securities issued by other financial institutions. Total holdings shall be counted at fair value for securities classified as held-for-trading and available-for-sale; held-to-maturity securities shall be counted at amortised cost.Holdings of securities issued by other financial institutions shall be the aggregate of the following:(1)Secured debt securities;(2)Senior unsecured debt securities;(3)Subordinated debt securities;(4)Commercial paper;(5)the maximum of stock, including par and surplus of common and preferred shares, less offsetting short positions in relation to the specific stock holdings and zero.(c)Securities financing transactionsSecurities financing transactions shall be the aggregate of net positive current exposure of securities financing transactions with other financial institutions.The reported value shall not be intended to reflect amounts recorded on the balance sheet. It shall represent the single legally owed amount per netting set. Netting shall only be used where the transactions are covered by a legally enforceable netting agreement. Where these criteria are not met, the gross balance sheet amount shall be counted. Conduit lending transactions shall not be included.(d)Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair valueOver-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value shall be the aggregate of the following:(1)Net positive fair value, including collateral held where it is within the master netting agreement;(2)Potential future exposure.2.2.Intra-financial system liabilitiesTotal intra-financial system liabilities shall be the aggregate of deposits by financial institutions, securities financing transactions and OTC derivatives with other financial institutions that have a net negative fair value.(a)Deposits by financial institutionsDeposits by financial institutions shall be the aggregate of the following:(1)Deposits due to depository institutions;(2)Deposits due to non-depository financial institutions;(3)Undrawn committed lines obtained from other financial institutions.(b)Securities financing transactionsSecurities financing transactions shall be the aggregate of net negative current exposure of securities financing transactions with other financial institutions.(c)OTC derivatives with other financial institutions that have a net negative fair valueOTC derivatives with other financial institutions that have a net negative fair value shall be the aggregate of the following:(1)Net negative fair value, including collateral provided if it is within the master netting agreement;(2)Potential future exposure.2.3.Securities outstandingThe indicator shall reflect the book value of outstanding securities issued by the relevant entity. Intra-financial and other activity shall not be distinguished.Total securities outstanding shall be the aggregate of the following:(a)Secured debt securities;(b)Senior unsecured debt securities;(c)Subordinated debt securities;(d)Commercial paper;(e)Certificates of deposit;(f)Common equity;(g)Preferred shares and any other forms of subordinated funding not referred to in point (c).3.Substitutability of the services or of the financial infrastructure provided by the group3.1.Payments activityThe total payment activity shall be payments made in the reporting year excluding intragroup payments.The relevant payment value shall be the total gross value of all cash payments sent by the reporting group via large value funds transfer systems, along with the gross value of all cash payments sent through an agent bank (for example using a correspondent or nostro account). Cash payments made on behalf of the relevant entity as well as those made on behalf of customers, including financial institutions and other commercial customers, shall be included. Payments made through retail payment systems shall not be included. Only outgoing payments shall be included. The value shall be calculated in euro.3.2.Assets under custodyThe value of assets under custody shall be the value of all assets, including cross-border assets, which the reporting group held as a custodian on behalf of customers, including financial institutions other than the reporting group. Any assets under management or assets under administration which are not also classified as assets under custody shall not be included.3.3.Underwritten transactions in debt and equity marketsThe total underwritten transactions in debt and equity markets shall be the aggregate of equity underwriting activity and debt underwriting activity.All underwriting where the bank is obligated to purchase unsold securities shall be included. When the underwriting is on a best-efforts basis (which shall mean that the bank is not obligated to purchase the remaining inventory), only the securities that were actually sold shall be included.4.Complexity of the group4.1.Notional amount of over-the-counter (OTC) derivativesThis indicator shall measure the scope of the reporting group's engagement in OTC derivatives transactions and shall include all types of risk categories and instruments. Collateral shall not be deducted when reporting the notional derivative values.The total notional amount of OTC derivatives shall be the aggregate of OTC derivatives cleared through a central counterparty and OTC derivatives settled bilaterally.4.2.Level 3 AssetsThe value of Level 3 Assets shall be the value of all assets that are priced on a recurring basis using Level 3 measurement inputs.4.3.Trading and Available-for-Sale SecuritiesThe Trading and Available-for-Sale Securities shall be the total amount of securities in the held-for-trading and available-for-sale accounting categories less the subset of securities held in those categories that are eligible for classification as high quality liquid assets.5.Cross-border activity of the group5.1.Cross-jurisdictional claimsThe value of cross-jurisdictional claims shall be the value of all claims over all sectors that, on an ultimate-risk basis, are cross-border claims, local claims of foreign affiliates in foreign currency, or local claims of foreign affiliates in local currency, excluding derivatives activity. Cross-border claims shall extend from an office in one country to a borrower in another country. Local claims of foreign affiliates in foreign and local currency shall extend from the local office of the bank to borrowers in that location.5.2.Cross-jurisdictional liabilitiesTotal cross-jurisdictional liabilities shall be the aggregate of the following, less any foreign liabilities to related offices referred to in point (b):(a)Local liabilities in local currency;(b)Foreign liabilities (excluding local liabilities in local currency).
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