Question ID: 1001
Regulation Reference: (EU) No 2015/2450 - templates for the submission of information to the supervisory authorities
Article: 35, 68, 69, 72
Template: S.23.01, S.24.01
Status: Final
Date of submission: 19 Jan 2017
Question
I may have another question still linked to the cell R0230.C0050 of the template S.23.01.01, still following the update of the cell, but specifically for the ARS (01) and AES (16), due to the link between the data from line R0320 in the template S.23.01 and the template S.24.01 due to the Identical datapoints 2.1.0, so for the column C0010 up to C0040, line R0230 on S.23.01, it must be the same data as on the column C0190 up to C0220 line R0030 on the template S.24.01.
But on the template S.24.01, there is only item from tier 1 (restricted and unrestricted) and tier 2 on the basis of the article 68 of the directive CELEX-32015R0035-EN-TXT-Complement_Directive_S2-EN.pdf
“5.The deductions set out in paragraphs 1 and 2 shall be made from the corresponding tier in which the participation has increased the own funds of the related undertaking as follows:
(a) holdings of Common Equity Tier 1 items of financial and credit institutions shall be deducted from the items included in points (a) (i), (ii), (iv) and (vi) of Article 69;
(b) holdings of Additional Tier 1 instruments of financial and credit institutions shall be deducted from the items included in points (a)(iii) and (v) and point (b) of Article 69;
(c) holdings of Tier 2 instruments of financial and credit institutions shall be deducted from the basic own-fund items included in Article 72.”
With :
(a) tier 1 item
(b) tier 1 item
(c) tier 2 item
So in my view, in the short run there are only two options (since it wouldn’t be possible to remove the identical datapoint before the next taxonomy):
a) To not open the cell R0320.C0050 of the template S.23.01.01
b) To take in account tier 3 item on the template S.24.01 (column C0040, C0110 and C0190) even if it’s not the case on the European directive 2015R0035 (it would mean that “Total >= Common Equity Tier 1 + Additional Tier 1+Tier 2” rather than “Total = Common Equity Tier 1 + Additional Tier 1+Tier 2”)
I have check just in case the directive CELEX-32016R1868-EN-TXT, but it didn’t say anything apparently about this case.
So could you give me your position on this subject please?
EIOPA answer
Template S.24.01 is correct as it follows article 68 of the Delegated Regulation.
The uncross of C0050 in template S.23.01.R0230 was related to the fact that one cannot exclude that the amounts to be reported in S.23.01.R0230 could have a larger scope than the amount reported in S.24.01. in particular in case of groups.
Although the cell was uncross EIOPA will further analyse the specific situation where this cell will present amounts reported and further assess the situation.
For the moment the same data points between S.23.01 and S.24.01 will be kept (as they would only be amended in the next release anyway) and EIOPA will further analise this situation once annual submissions are received.