The European Banking Authority (EBA) published today its final draft amended Implementing Technical Standards (ITS) on supervisory disclosure, which specify the format, structure, contents list and annual publication date of the supervisory information to be disclosed by competent authorities. The amended draft ITS incorporate the changes to the EU legal framework and the establishment of the Single Supervisory Mechanism (SSM). The amendments introduced in the final draft ITS will enhance transparency, ensure consistency between the templates and instructions and will contribute to reducing the level of different interpretation between reporting.
The rationale for amending the ITS was the need to clarify the level of consolidation and the approach to be taken when aggregating the data. The amended draft ITS move away from the host approach introduced in the former CEBS guidelines, and implicitly widely applied under the previous ITS. It follows, instead, a consolidated approach in line with the existing reporting framework with the aim of avoiding additional burden and to enhance the comparability of the data.
In addition, the aim of such a change is also to clarify the scope and the split of supervisory responsibilities to disclose information between the European Central Bank (ECB) and National Competent Authorities (NCAs) within the SSM as agreed in the Banking Union.
With regard to the disclosure of national options and discretions (O&Ds), for the first time, the amended ITS require Competent Authorities to disclose those O&Ds stemming from the Delegated Regulation on the Liquidity Coverage Ratio (LCR). In addition, the amendments provide more clarity on the differences between permanent and transitional O&Ds and between those O&Ds whose exercise has been entrusted to Competent Authorities and those, which are under the responsibility of Member States.
The structure and the legal basis of both the draft revised ITS and of its related Annexes remain unchanged.
The ITS on supervisory disclosure have been developed in accordance with Article 143 of the CRD, which mandates the EBA to specify the format, structure, contents list and annual publication date of the information competent authorities shall publish on rules and guidance, options and discretions, general criteria and methodologies for the SREP and aggregate statistical data on key aspects of the implementation of the prudential framework.
The former final draft ITS was published in the EU Official Journal on 4 June 2014