# Official Journal L 349/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 349 |
| | |
| English edition | Legislation | Volume 644 October 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 349

English edition

Legislation

Volume 644 October 2021

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2021/1750 of 28 September 2021 amending Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto | 1 |
| | * | Commission Implementing Regulation (EU) 2021/1751 of 1 October 2021 laying down implementing technical standards for the application of Directive 2014/59/EU of the European Parliament and of the Council with regard to uniform formats and templates for notifications of determination of the impracticability of including contractual recognition of write down and conversion powers (
  1
  ) | 5 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2021/1752 of 1 October 2021 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on the separate collection of waste single-use plastic beverage bottles | 19 |
| | * | Commission Implementing Decision (EU) 2021/1753 of 1 October 2021 on the equivalence of the supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (
  1
  ) | 31 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2021/1750 of 28 September 2021 amending Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto

1

*

Commission Implementing Regulation (EU) 2021/1751 of 1 October 2021 laying down implementing technical standards for the application of Directive 2014/59/EU of the European Parliament and of the Council with regard to uniform formats and templates for notifications of determination of the impracticability of including contractual recognition of write down and conversion powers (
  1
  )

1

5

DECISIONS

*

Commission Implementing Decision (EU) 2021/1752 of 1 October 2021 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on the separate collection of waste single-use plastic beverage bottles

19

*

Commission Implementing Decision (EU) 2021/1753 of 1 October 2021 on the equivalence of the supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (
  1
  )

1

31

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| 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. |
| --- | --- |

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

REGULATIONS

| 4.10.2021 | EN | Official Journal of the European Union | L 349/1 |
| --- | --- | --- | --- |

4.10.2021

EN

Official Journal of the European Union

L 349/1

---

COUNCIL REGULATION (EU) 2021/1750

of 28 September 2021

amending Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto

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) | On 29 November 2018 the Council adopted Regulation (EU) 2019/440 (1) on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (‘the Fisheries Agreement’). |
| --- | --- |

(1)

On 29 November 2018 the Council adopted Regulation (EU) 2019/440 (1) on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (‘the Fisheries Agreement’).

| (2) | On 4 March 2019 the Council adopted Decision (EU) 2019/441 (2) on the conclusion of the Fisheries Agreement and the Implementation Protocol thereto. |
| --- | --- |

(2)

On 4 March 2019 the Council adopted Decision (EU) 2019/441 (2) on the conclusion of the Fisheries Agreement and the Implementation Protocol thereto.

| (3) | Regulation (EU) 2019/440 allocates fishing opportunities in, inter alia, category 6 (industrial fishing for pelagic species) to Member States, including the United Kingdom. |
| --- | --- |

(3)

Regulation (EU) 2019/440 allocates fishing opportunities in, inter alia, category 6 (industrial fishing for pelagic species) to Member States, including the United Kingdom.

| (4) | Pursuant to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3) (‘the Withdrawal Agreement’), the United Kingdom is no longer a Member State of the Union as of 1 February 2020. The transition period provided for in the Withdrawal Agreement ended on 31 December 2020. Therefore, the United Kingdom is no longer entitled to use those fishing opportunities beyond that date and they should be reallocated to the Member States as from 1 January 2021. |
| --- | --- |

(4)

Pursuant to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3) (‘the Withdrawal Agreement’), the United Kingdom is no longer a Member State of the Union as of 1 February 2020. The transition period provided for in the Withdrawal Agreement ended on 31 December 2020. Therefore, the United Kingdom is no longer entitled to use those fishing opportunities beyond that date and they should be reallocated to the Member States as from 1 January 2021.

| (5) | The reallocation of fishing opportunities should be transparent and proportional to the original quota allocation. |
| --- | --- |

(5)

The reallocation of fishing opportunities should be transparent and proportional to the original quota allocation.

| (6) | Regulation (EU) 2019/440 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EU) 2019/440 should therefore be amended accordingly.

| (7) | Due to its impact on fishing activities in 2021, this Regulation should apply from 1 January 2021. Such retroactive application does not affect the principles of legal certainty and the protection of legitimate expectations, as the fishing opportunities concerned have not been used by the United Kingdom and are increased for the Member States concerned. |
| --- | --- |

(7)

Due to its impact on fishing activities in 2021, this Regulation should apply from 1 January 2021. Such retroactive application does not affect the principles of legal certainty and the protection of legitimate expectations, as the fishing opportunities concerned have not been used by the United Kingdom and are increased for the Member States concerned.

| (8) | Taking into account the urgency related to the retroactive application of this Regulation, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union, |
| --- | --- |

(8)

Taking into account the urgency related to the retroactive application of this Regulation, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EU) 2019/440, paragraph 1 is replaced by the following:

‘1.   The fishing opportunities established pursuant to the Implementation Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (“the Fisheries Agreement”) shall be allocated among the Member States as follows:

| Fishing category | Type of vessel | Member State | Licences or quota |
| --- | --- | --- | --- |
| 1. | Small-scale fishing in the north, pelagic species |

Fishing category

Type of vessel

Member State

Licences or quota

1.

Small-scale fishing in the north, pelagic species

Seiners < 150 gross tonnage (GT)

Spain

22

| 2. | Small-scale fishing in the north |
| --- | --- |

2.

Small-scale fishing in the north

Bottom longliners < 40 GT

Spain

25

Portugal

7

Bottom longliners ≥ 40 GT < 150 GT

Portugal

3

| 3. | Small-scale fishing in the south |
| --- | --- |

3.

Small-scale fishing in the south

Pole-lines < 150 GT per vessel

Total ≤ 800 GT

Spain

10

| 4. | Demersal fishing |
| --- | --- |

4.

Demersal fishing

Bottom longliners ≤ 150 GT

Spain

7

Portugal

4

Trawlers ≤ 750 GT

Total ≤ 3 000 GT

Spain

5

Italy

0

| 5. | Tuna fishing |
| --- | --- |

5.

Tuna fishing

Pole-and-line vessels

Spain

23

France

4

| 6. | Industrial fishing for pelagic species |
| --- | --- |

6.

Industrial fishing for pelagic species

85 000 tonnes (t) in 2019

90 000 t in 2020

100 000 t each year in 2021 and 2022

Distribution of vessels authorised to fish:

| | 10 vessels ≥ 3 000 GT and < 7 765 GT |
| --- | --- |

10 vessels ≥ 3 000 GT and < 7 765 GT

| | 4 vessels ≥ 150 GT and < 3 000 GT |
| --- | --- |

4 vessels ≥ 150 GT and < 3 000 GT

| | 4 vessels < 150 GT |
| --- | --- |

4 vessels < 150 GT

2019: 85 000 t

Germany

6 871,2  t

Lithuania

21 986,3  t

Latvia

12 367,5  t

Netherlands

26 102,4  t

Ireland

3 099,3  t

Poland

4 807,8  t

United Kingdom

4 807,8  t

Spain

496,2  t

Portugal

1 652,2  t

France

2 809,3  t

2020: 90 000 t

Germany

7 275,4  t

Lithuania

23 279,6  t

Latvia

13 095,0  t

Netherlands

27 637,9  t

Ireland

3 281,6  t

Poland

5 090,6  t

United Kingdom

5 090,6  t

Spain

525,4  t

Portugal

1 749,4  t

France

2 974,5  t

2021 and 2022: 100 000 t each year

Germany

8 568,4  t

Lithuania

27 417,0  t

Latvia

15 422,3  t

Netherlands

32 549,8  t

Ireland

3 864,9  t

Poland

5 995,4  t

Spain

618,8  t

Portugal

2 060,3  t

France

3 503,1  t’

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 January 2021.

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

Done at Brussels, 28 September 2021.

For the Council

The President

S. KUSTEC

---

(1)  Council Regulation (EU) 2019/440 of 29 November 2018 on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto (OJ L 77, 20.3.2019, p. 1).

1

(2)  Council Decision (EU) 2019/441 of 4 March 2019 on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the Exchange of Letters accompanying the Agreement (OJ L 77, 20.3.2019, p. 4).

2

(3)  
  OJ L 29, 31.1.2020, p. 7.

3

---

| 4.10.2021 | EN | Official Journal of the European Union | L 349/5 |
| --- | --- | --- | --- |

4.10.2021

EN

Official Journal of the European Union

L 349/5

---

COMMISSION IMPLEMENTING REGULATION (EU) 2021/1751

of 1 October 2021

laying down implementing technical standards for the application of Directive 2014/59/EU of the European Parliament and of the Council with regard to uniform formats and templates for notifications of determination of the impracticability of including contractual recognition of write down and conversion powers

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (1), and in particular Article 55(8), third subparagraph, thereof,

Whereas:

| (1) | Article 55(1) of Directive 2014/59/EU provides that under certain conditions Member States are to require institutions and entities referred to in Article 1(1), points (b), (c) and (d), of that Directive to include a contractual term by which the counterparty to an agreement or instrument creating the liability recognises that that liability may be subject to the write down and conversion powers. |
| --- | --- |

(1)

Article 55(1) of Directive 2014/59/EU provides that under certain conditions Member States are to require institutions and entities referred to in Article 1(1), points (b), (c) and (d), of that Directive to include a contractual term by which the counterparty to an agreement or instrument creating the liability recognises that that liability may be subject to the write down and conversion powers.

| (2) | Article 55(2), first subparagraph, of Directive 2014/59/EU requires Member States to ensure that where such an institution or entity reaches the determination that it is legally or otherwise impracticable to include such a term (‘determination of impracticability of contractual recognition’), that institution or entity is to notify its determination to the resolution authority. |
| --- | --- |

(2)

Article 55(2), first subparagraph, of Directive 2014/59/EU requires Member States to ensure that where such an institution or entity reaches the determination that it is legally or otherwise impracticable to include such a term (‘determination of impracticability of contractual recognition’), that institution or entity is to notify its determination to the resolution authority.

| (3) | The Commission is to adopt implementing technical standards to specify uniform formats and templates for such notification to resolution authorities. |
| --- | --- |

(3)

The Commission is to adopt implementing technical standards to specify uniform formats and templates for such notification to resolution authorities.

| (4) | Uniform formats and templates for the notification of determination of impracticability of contractual recognition should be designed in such a way that they ensure a meaningful and uniform assessment of such determination by resolution authorities across the Union. |
| --- | --- |

(4)

Uniform formats and templates for the notification of determination of impracticability of contractual recognition should be designed in such a way that they ensure a meaningful and uniform assessment of such determination by resolution authorities across the Union.

| (5) | To enhance the data quality and ensure comparability, the data items set out in the notification templates should comply with the single data point model. Use of the single data point model is a widespread practice in supervisory reporting. The single data point model should consist of a structural representation of the data items, and identify all relevant business concepts for uniform notification of the determination of impracticability of contractual recognition. |
| --- | --- |

(5)

To enhance the data quality and ensure comparability, the data items set out in the notification templates should comply with the single data point model. Use of the single data point model is a widespread practice in supervisory reporting. The single data point model should consist of a structural representation of the data items, and identify all relevant business concepts for uniform notification of the determination of impracticability of contractual recognition.

| (6) | In order to safeguard the quality, consistency and accuracy of data items notified, the data items should be subject to common validation rules. |
| --- | --- |

(6)

In order to safeguard the quality, consistency and accuracy of data items notified, the data items should be subject to common validation rules.

| (7) | Due to their very nature, validation rules and data point definitions are updated regularly in order to ensure they comply, at all times, with applicable regulatory, analytical and information technology requirements. Stringent qualitative criteria should be established for the detailed single data point model and the detailed common validation rules which will be published electronically by the European Banking Authority on its website. |
| --- | --- |

(7)

Due to their very nature, validation rules and data point definitions are updated regularly in order to ensure they comply, at all times, with applicable regulatory, analytical and information technology requirements. Stringent qualitative criteria should be established for the detailed single data point model and the detailed common validation rules which will be published electronically by the European Banking Authority on its website.

| (8) | This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority. |
| --- | --- |

(8)

This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority.

| (9) | The European Banking Authority has conducted open public consultations on the draft implementing standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice 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 (2), |
| --- | --- |

(9)

The European Banking Authority has conducted open public consultations on the draft implementing standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice 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 (2),

HAS ADOPTED THIS REGULATION:

Article 1

Information to be provided in a notification of determination of impracticability

For the purposes of making a notification in accordance with Article 55(2), first subparagraph, of Directive 2014/59/EU, the institution or entity referred to in Article 1(1), points (b), (c) or (d), of that Directive shall submit to the resolution authority the information specified in the templates set out in Annex I. Those templates shall be completed in accordance with the instructions set out in Annex II.

Article 2

Format for the submission of information

1.   The institutions and the entities referred to in Article 1(1), points (b), (c) or (d), of Directive 2014/59/EU shall submit the information referred to in Article 1 of this Regulation in the data exchange formats and representations specified by the relevant resolution authority.

2.   When submitting information referred to in Article 1 of this Regulation, institutions and entities referred to in Article 1(1), points (b), (c) or (d), of Directive 2014/59/EU shall respect the data point definitions included in the single data point model referred to in Annex III and the validation rules referred to in Annex IV.

Article 3

Entry into force and application

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

Official Journal of the European Union

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

Done at Brussels, 1 October 2021.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 173, 12.6.2014, p. 190.

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).

2

---

ANNEXE I

| N 00.01 - Notification Identification |
| --- |

N 00.01 - Notification Identification

| | | | |
| --- | --- | --- | --- |
| | | Columns |
| Identification |
| 0010 |
| Rows | Notification ID | 0010 | |
| Notification date | 0020 | |
| Notification type | 0030 | |
| Reference date for templates N01.01 and N01.02 | 0040 | |
| Reference date for template N02.00 | 0050 | |
| Applicable currency | 0060 | |
| Institution or entity name | 0070 | |
| Code | 0080 | |
| Type of code | 0090 | |
| Contact person | 0100 | |
| Email | 0110 | |
| Telephone | 0120 | |
| | | | |

Columns

Identification

0010

Rows

Notification ID

0010

Notification date

0020

Notification type

0030

Reference date for templates N01.01 and N01.02

0040

Reference date for template N02.00

0050

Applicable currency

0060

Institution or entity name

0070

Code

0080

Type of code

0090

Contact person

0100

Email

0110

Telephone

0120

| N 01.01 - Impracticability of contractual recognition of bail-in by contract/instrument |
| --- |

N 01.01 - Impracticability of contractual recognition of bail-in by contract/instrument

| | |
| --- | --- |
| Type of notification | |
| | |

Type of notification

| LIABILITY ID | MATERIAL AMENDMENT? | FINAL MATURITY DATE | RENEWABLE? | RENEWAL FREQUENCY | CONTRACT / INSTRUMENT | IMPRACTICABILITY | COUNTERPARTY |
| --- | --- | --- | --- | --- | --- | --- | --- |
| DESCRIPTION | LIABILITY TYPE | GOVERNING LAW | INSOLVENCY RANKING UNDER THIRD-COUNTRY LAW | INSOLVENCY RANKING IN THE MEMBER STATE OF INCORPORATION | NOMINAL AMOUNT IN THE MAIN ORIGINAL CURRENCY | MAIN ORIGINAL CURRENCY | NOMINAL AMOUNT IN LOCAL CURRENCY | CONDITIONS | CATEGORY | REASONS FOR MEETING THE CONDITIONS | LEGAL OPINION? | NAME | CODE | TYPE OF CODE | NATIONAL CODE |
| 0010 | 0020 | 0030 | 0040 | 0050 | 0060 | 0070 | 0080 | 0090 | 0100 | 0110 | 0120 | 0130 | 0140 | 0150 | 0160 | 0170 | 0180 | 0190 | 0200 | 0210 |
| | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | |

LIABILITY ID

MATERIAL AMENDMENT?

FINAL MATURITY DATE

RENEWABLE?

RENEWAL FREQUENCY

CONTRACT / INSTRUMENT

IMPRACTICABILITY

COUNTERPARTY

DESCRIPTION

LIABILITY TYPE

GOVERNING LAW

INSOLVENCY RANKING UNDER THIRD-COUNTRY LAW

INSOLVENCY RANKING IN THE MEMBER STATE OF INCORPORATION

NOMINAL AMOUNT IN THE MAIN ORIGINAL CURRENCY

MAIN ORIGINAL CURRENCY

NOMINAL AMOUNT IN LOCAL CURRENCY

CONDITIONS

CATEGORY

REASONS FOR MEETING THE CONDITIONS

LEGAL OPINION?

NAME

CODE

TYPE OF CODE

NATIONAL CODE

0010

0020

0030

0040

0050

0060

0070

0080

0090

0100

0110

0120

0130

0140

0150

0160

0170

0180

0190

0200

0210

| N 01.02 -Impracticability of contractual recognition of bail-in by category |
| --- |

N 01.02 -Impracticability of contractual recognition of bail-in by category

| | | | | |
| --- | --- | --- | --- | --- |
| CATEGORY | TOTAL VALUE OF LIABILITIES IN LOCAL CURRENCY IN CATEGORY | REASONS FOR MEETING THE CATEGORIES / CONDITIONS | INSOLVENCY RANKING | NUMBER OF UNDERLYING LIABILITIES |
| 0010 | 0020 | 0030 | 0040 | 0050 |
| | | | | |

CATEGORY

TOTAL VALUE OF LIABILITIES IN LOCAL CURRENCY IN CATEGORY

REASONS FOR MEETING THE CATEGORIES / CONDITIONS

INSOLVENCY RANKING

NUMBER OF UNDERLYING LIABILITIES

0010

0020

0030

0040

0050

| N 02.00 - Liability Insolvency Classes |
| --- |

N 02.00 - Liability Insolvency Classes

| INSOLVENCY RANKING | | | NOMINAL AMOUNT OF TOTAL LIABILITIES CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY |
| --- | --- | --- | --- |
| OUTSTANDING AMOUNT OF TOTAL LIABILITIES IN RANKING | | | OF WHICH: EXCLUDED FROM BAIL-IN |
| OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY | OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION | OF WHICH: CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY |
| 0010 | 0020 | 0030 | 0040 | 0050 | 0060 | 0070 |
| | | | | | | |

INSOLVENCY RANKING

NOMINAL AMOUNT OF TOTAL LIABILITIES CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY

OUTSTANDING AMOUNT OF TOTAL LIABILITIES IN RANKING

OF WHICH: EXCLUDED FROM BAIL-IN

OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY

OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION

OF WHICH: CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY

0010

0020

0030

0040

0050

0060

0070

---

ANNEX II

Instructions for filling in the notification of determination of impracticability of contractual recognition of write down and conversion powers

PART I: GENERAL INSTRUCTIONS

This Annex provides instructions for the notification by an institution or entity of determination of the impracticability of contractual recognition of write down and conversion powers.

Each notification can refer to several contracts/instruments and/or several categories of liabilities (if applicable), which meet the conditions of impracticability of contractual recognition of bail-in, as laid down in Article 55(2), first subparagraph, of Directive 2014/59/EU.

An institution or an entity can provide additional supporting documentation, including a legal opinion or a copy of the contract, where it is considered appropriate. The relevant resolution authority shall decide how such additional documentation is to be provided.

Where an information field listed in this Annex is not applicable to a certain type of contract and the institution or entity demonstrates this to the resolution authority, the institution or entity does not need to provide the information listed in that field .

1.   Structure of the notification

The information in the notification shall be provided by completing the following templates set out in Annex I:

| (a) | ‘Notification Identification’(N00.01), which is to be used for providing information to identify the notification itself and the institution or entity that is notifying the resolution authority; |
| --- | --- |

(a)

‘Notification Identification’(N00.01), which is to be used for providing information to identify the notification itself and the institution or entity that is notifying the resolution authority;

| (b) | ‘Impracticability of contractual recognition of bail-in by contract/instrument’ (N01.01), which is to be used to provide the information on liabilities that meet the conditions of impracticability of contractual recognition of bail-in, as laid down in Article 55(2), first subparagraph, of Directive 2014/59/EU; |
| --- | --- |

(b)

‘Impracticability of contractual recognition of bail-in by contract/instrument’ (N01.01), which is to be used to provide the information on liabilities that meet the conditions of impracticability of contractual recognition of bail-in, as laid down in Article 55(2), first subparagraph, of Directive 2014/59/EU;

| (c) | ‘Impracticability of contractual recognition of bail-in by category’ (N01.02), which is to be used to provide information on categories of liabilities that meet the conditions of impracticability of contractual recognition of bail-in, , if the relevant resolution authority deems it necessary to specify the categories of liabilities as provided for in Article 55(7) of Directive 2014/59/EU; |
| --- | --- |

(c)

‘Impracticability of contractual recognition of bail-in by category’ (N01.02), which is to be used to provide information on categories of liabilities that meet the conditions of impracticability of contractual recognition of bail-in, , if the relevant resolution authority deems it necessary to specify the categories of liabilities as provided for in Article 55(7) of Directive 2014/59/EU;

| (d) | ‘Liability insolvency classes’ (N02.00), which is to be used to provide information on the ranking of liabilities according to national insolvency law for the purposes of Article 55(2), fifth subparagraph, of Directive 2014/59/EU. |
| --- | --- |

(d)

‘Liability insolvency classes’ (N02.00), which is to be used to provide information on the ranking of liabilities according to national insolvency law for the purposes of Article 55(2), fifth subparagraph, of Directive 2014/59/EU.

2.   Scope of consolidation

The notification shall be sent by institutions and entities on an individual basis.

PART II: TEMPLATE-SPECIFIC INSTRUCTIONS

3.   N00.01 – Notification identification

3.1   Instructions concerning specific rows

| Rows | Instructions |
| --- | --- |
| 0010 | Notification ID

  Each notification shall have a unique ID provided by the notifying institution or entity.
  The notification ID is per notification [submission], not per liability or category. A notification allows the inclusion of any number of liabilities or categories, as relevant at the time of the notification.
  The institution or entity shall provide the notification ID, which shall be unique for each notification. |
| 0020 | Notification date

  Institutions and entities shall indicate the date when the notification was sent to the resolution authority. |
| 0030 | Notification type
   (1)

  Institutions and entities shall indicate the type of items being notified in the submission in question, as follows:






  (a) | only contracts/instruments (only template N01.01 is to be used); |

Rows

Instructions

0010

Notification ID

Each notification shall have a unique ID provided by the notifying institution or entity.

The notification ID is per notification [submission], not per liability or category. A notification allows the inclusion of any number of liabilities or categories, as relevant at the time of the notification.

The institution or entity shall provide the notification ID, which shall be unique for each notification.

0020

Notification date

Institutions and entities shall indicate the date when the notification was sent to the resolution authority.

0030

Notification type
   (1)

Institutions and entities shall indicate the type of items being notified in the submission in question, as follows:

(a)

only contracts/instruments (only template N01.01 is to be used);

| (b) | only categories of liabilities (only template N01.02 is to be used); |
| --- | --- |

(b)

only categories of liabilities (only template N01.02 is to be used);

| (c) | both contracts/instruments and categories of liabilities (both templates N01.01 and N01.02 are to be used for the same notification). |
| --- | --- |

(c)

both contracts/instruments and categories of liabilities (both templates N01.01 and N01.02 are to be used for the same notification).

0040

Reference date for templates N01.01 and N01.02

Institutions and entities shall indicate the reference date for the information in template N01.01 and template N01.02 notifications.

0050

Reference date for template N02.00

Institutions and entities shall indicate the reference date for the information in the template N02.00.

0060

Applicable currency

Institutions and entities shall indicate the reference currency for the amounts in template N01.01, column 0130; template N01.02, column 0020; and template N02.00.

This value refers to the official currency in the Member State where the notifying institution is incorporated. The value shall be in line with the alphabetical ISO 4217 code.

0070

Institution or entity name

Name of the notifying institution or entity.

0080

Code

Code of the notifying institution or entity. For institutions, the code shall be the 20-digit, alphanumerical Legal Entity Identifier (LEI) code. For other entities, the code shall be the 20-digit, alphanumerical LEI code or, if not available, a code under a uniform codification applicable in the Union or, if not available, a national code.

The code shall be consistent with the code reported for the same institution or entity under Commission Implementing Regulation (EU) 2018/1624 (2). The code field shall always have a value.

0090

Type of code

The institution or entity shall specify the type of code indicated in column 0080 as an ‘LEI code’ or ‘Non-LEI code’. The type of code shall always have one of the two values.

0100

Contact person

Institutions and entities shall indicate the name of a person to be contacted if the resolution authority needs clarification regarding the notification.

0110

Email

Institutions and entities shall indicate the email address of the person referred to in row 0100, ‘Contact person’.

0120

Telephone

Institutions and entities shall indicate the telephone number of the person referred to in row 0100, ‘Contact person’.

4.   N01.01 – Impracticability of contractual recognition of bail-in by contract/instrument

4.1   General remarks

Template N01.01 shall be used for submissions concerning notifications of contracts on an individual basis. Template N01.01 allows a submission to include multiple contracts in the same notification. This template shall be used for the notification of the following:

| (a) | contracts/instruments creating new liabilities: contracts/instruments that have not been notified previously to the resolution authority; |
| --- | --- |

(a)

contracts/instruments creating new liabilities: contracts/instruments that have not been notified previously to the resolution authority;

| (b) | contracts /instruments amending existing liabilities: if the contract or instrument for the existing liability has been previously notified to the resolution authority and has been assessed as meeting a condition of impracticability, the amending contracts or instruments shall have the same liability ID (column 0010) as previously notified, and the remaining columns shall be filled in only if subject to changes. In particular, column 0020, ‘Material amendment?’ shall be completed, if relevant, only for contracts amending existing liabilities; |
| --- | --- |

(b)

contracts /instruments amending existing liabilities: if the contract or instrument for the existing liability has been previously notified to the resolution authority and has been assessed as meeting a condition of impracticability, the amending contracts or instruments shall have the same liability ID (column 0010) as previously notified, and the remaining columns shall be filled in only if subject to changes. In particular, column 0020, ‘Material amendment?’ shall be completed, if relevant, only for contracts amending existing liabilities;

| (c) | off-balance sheet items: institutions and entities shall provide the insolvency ranking of the liability that would materialise upon activation of off-balance sheet item. |
| --- | --- |

(c)

off-balance sheet items: institutions and entities shall provide the insolvency ranking of the liability that would materialise upon activation of off-balance sheet item.

If data are not available or not applicable, institutions and entities should not fill in the following columns: 0020, 0030, 0050, 0090, 0130, 0150 and 0210.

4.2   Instructions concerning specific columns

| Columns | Legal references and instructions |
| --- | --- |
| 0010 | LIABILITY ID
  The liability ID is a unique identifier generated by the notifying institution or entity that shall be used in all notifications to identify each liability. The institution or entity may use the internal code of the liability. |
| 0020 | MATERIAL AMENDMENT?
  This field is to be filled in only for contracts/instruments amending existing liabilities. The institution or entity making the notification shall indicate if the amendments to the existing liability are considered material.
  Institutions and entities shall use one of the following values:






  — | Yes |

Columns

Legal references and instructions

0010

LIABILITY ID

The liability ID is a unique identifier generated by the notifying institution or entity that shall be used in all notifications to identify each liability. The institution or entity may use the internal code of the liability.

0020

MATERIAL AMENDMENT?

This field is to be filled in only for contracts/instruments amending existing liabilities. The institution or entity making the notification shall indicate if the amendments to the existing liability are considered material.

Institutions and entities shall use one of the following values:

—

Yes

| — | No |
| --- | --- |

—

No

0030

FINAL MATURITY DATE

The date upon which all principal and interest of the liability must be repaid (based on the transaction contractual documentation).

The day, month and year of the final maturity date shall be provided. The exact day shall be provided where that information is available, otherwise the first day of the month shall be used.

0040

RENEWABLE?

Institutions and entities shall use one of the following values:

| — | Yes |
| --- | --- |

—

Yes

| — | No |
| --- | --- |

—

No

This column shall be filled in with ‘Yes’ if the contract includes an explicit provision regarding its renewability.

0050

RENEWAL FREQUENCY

If column 0040 is filled in with ‘Yes’, institutions and entities shall specify the frequency of the maturity renewal in months.

0060–0130

CONTRACT/INSTRUMENT

0060

DESCRIPTION

Institutions and entities shall provide a contract/instrument description of no more than 300 characters. This field shall contain the main characteristics of the contract/instrument not captured in the other fields of this notification (such as. the purpose/essence of the liability, whether the instrument is bail-in-able under the governing third-country law).

0070

LIABILITY TYPE

Institutions and entities shall identify the contract/instrument as being one of the following types:

| (a) | interbank deposits |
| --- | --- |

(a)

interbank deposits

| (b) | deposits with non-banking clients |
| --- | --- |

(b)

deposits with non-banking clients

| (c) | derivatives |
| --- | --- |

(c)

derivatives

| (d) | borrowing/funding |
| --- | --- |

(d)

borrowing/funding

| (e) | trade finance |
| --- | --- |

(e)

trade finance

| (f) | operational services that are not critical to the functioning of the entity |
| --- | --- |

(f)

operational services that are not critical to the functioning of the entity

| (g) | other |
| --- | --- |

(g)

other

If more than one type is applicable, the one that best describes the purpose of the contract /instrument shall be selected.

0080

GOVERNING LAW

Institutions and entities shall provide the ISO 3166-1 three-letter alphabetical code of the country the law of which governs the contract/instrument.

0090

INSOLVENCY RANKING UNDER THIRD-COUNTRY LAW

The institution or entity shall fill in the value corresponding to the liability’s ranking on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant applicable third-country law governing the liability.

The institution shall try to obtain said ranking from the relevant third-country resolution authority or, in the absence of such an official ranking, shall determine on its own the value (on a scale from 1 to x) based on the liability ranking according to the relevant third-country law.

0100

INSOLVENCY RANKING IN THE MEMBER STATE OF INCORPORATION

Institutions and entities shall fill in the value corresponding to the liability’s ranking on a scale from 1 to x, with 1 the most subordinated and x the most senior class, as defined by the relevant law applicable in the Member State where the notifying institution or entity is incorporated.

0110

NOMINAL AMOUNT IN THE MAIN ORIGINAL CURRENCY

Institutions and entities shall provide the nominal amount of the liability as laid down in the contract/instrument.

For framework agreements, the institution or entity should indicate the maximum amount it expects to be reached under that framework agreement or the maximum amount permitted under the framework agreement.

If the contract/instrument has more than one currency, institutions and entities shall report the nominal amount in the prevailing currency in the contract.

0120

MAIN ORIGINAL CURRENCY

Institutions and entities shall assign a currency ISO code corresponding to the denomination of the liability under the contract. The three-letter currency unit code according to ISO 4217 shall be used.

If the contract has more than one currency, institutions and entities shall report the prevailing currency in the contract.

0130

NOMINAL AMOUNT IN LOCAL CURRENCY

Institutions and entities shall fill in this column if the currency used in column 0110 is not the local currency where the institution or entity is incorporated. Institutions and entities shall use the foreign exchange rate applicable at the date of notification.

0140–0190

IMPRACTICABILITY

0140

CONDITIONS

Institutions and entities shall identify the condition(s) under which they consider it is legally or otherwise impracticable to include the contractual term, as specified in Commission Delegated Regulation (EU) 2021/1527 (3).

Institutions and entities shall provide the combination of applicable conditions (they can identify only one or as many as all five):

| (a) | Condition (a) - the inclusion of the contractual term would constitute a breach of the laws, regulations or administrative provisions of the third country governing the liability; |
| --- | --- |

(a)

Condition (a) - the inclusion of the contractual term would constitute a breach of the laws, regulations or administrative provisions of the third country governing the liability;

| (b) | Condition (b) - the inclusion of the contractual term would be contrary to an explicit and binding instruction from a third country authority; |
| --- | --- |

(b)

Condition (b) - the inclusion of the contractual term would be contrary to an explicit and binding instruction from a third country authority;

| (c) | Condition (c) - the liability arises from instruments or agreements concluded in accordance with international standardised terms or protocols that the institution or entity is unable to amend; |
| --- | --- |

(c)

Condition (c) - the liability arises from instruments or agreements concluded in accordance with international standardised terms or protocols that the institution or entity is unable to amend;

| (d) | Condition (d) - the liability is governed by contractual terms that the institution or entity has to accept in order to be able to participate in or to utilise the services of a non-Union body, and which the institution or entity is unable to amend; |
| --- | --- |

(d)

Condition (d) - the liability is governed by contractual terms that the institution or entity has to accept in order to be able to participate in or to utilise the services of a non-Union body, and which the institution or entity is unable to amend;

| (e) | Condition (e) - the liability is owed to a commercial or trade creditor and relates to provision of goods or services that, while not critical, are used for daily operational functioning of the institution or entity and the institution or entity is unable to amend the terms of the agreement. |
| --- | --- |

(e)

Condition (e) - the liability is owed to a commercial or trade creditor and relates to provision of goods or services that, while not critical, are used for daily operational functioning of the institution or entity and the institution or entity is unable to amend the terms of the agreement.

All conditions that are applicable shall be notified.

0150

CATEGORY

Institutions and entities shall indicate the categories of liabilities specified by the relevant resolution authority under Article 55(7) of Directive 2014/59/EU, if applicable.

0160

REASONS FOR MEETING THE CONDITIONS

Institutions and entities shall describe clearly their reasons for determining impracticability arising from the conditions reported in column 0140.

The information entered in this field is relevant for determining whether the notified contract/instrument meets the conditions of impracticability and shall therefore constitute the basis for the resolution authority’s assessment of the institution’s determination.

Institutions and entities shall avoid overly brief justifications such as ‘Product cannot be used’ or ‘Loss of competitiveness’ and shall present more in-depth justifications in order to enable the resolution authority to take an informed decision.

0170

LEGAL OPINION?

Institutions and entities shall inform the resolution authority if there is a legal opinion concerning the notified impracticability of this liability.

Institutions and entities shall indicate one of the following:

| — | Yes |
| --- | --- |

—

Yes

| — | No |
| --- | --- |

—

No

If institutions or entities indicate ‘Yes’, they shall transmit the legal opinion to the resolution authority by the means specified by the resolution authority.

0180–0210

COUNTERPARTY

Institutions and entities shall indicate the identity of the counterparty of this liability.

0180

NAME

The name indicated shall be of the individual counterparty.

In the case of multi-party contracts, the institution shall either indicate the main counterparty or use the value ‘multi-party contract’.

0190

CODE

The code as part of a row identifier must be unique for each notifying entity. For institutions, the code shall be the LEI code. For other entities, the code shall be the LEI code or, if not available, a national code. The code shall be unique and used consistently across the templates and over time. The code field shall always have a value.

0200

TYPE OF CODE

The institutions or entities shall identify the type of code filled in column 0190 as ‘LEI code’ or ‘National code’.

0210

NATIONAL CODE

Institutions or entities may also provide a national code if they use the LEI code as the identifier in the ‘Code’ column 0190.

5.   N01.02 – Impracticability of contractual recognition of bail-in by category

5.1   General remarks

Template N01.02 shall be used for submissions concerning notification of categories of liabilities when the relevant resolution authority deems it necessary, in accordance with Article 55(7) of Directive 2014/59/EU, to specify categories of liabilities for which a determination of impracticability of including the contractual recognition term can be reached.

5.2   Instructions concerning specific columns

| Columns | Legal references and instructions |
| --- | --- |
| 0010 | CATEGORY
  Institutions and entities shall indicate the category of liabilities, as specified by the relevant resolution authority in accordance with Article 55(7) of Directive 2014/59/EU, for which it submits the notification.
  A notification using template N01.02 can include as many categories of liabilities as necessary. |
| 0020 | TOTAL VALUE OF LIABILITIES IN LOCAL CURRENCY IN CATEGORY
  Institutions and entities shall indicate the expected total amount of liabilities for each of the notified categories indicated in column 0010.
  The amount shall be an estimated maximum amount to be reached under the specified category for a period of 6 months from the date of notification.
  The amount shall be expressed in the currency of the Member State where the institution or entity is incorporated.
  If during the 6-month period following the notification, the institution or entity determines that the value of the liabilities in the category has increased by more than 10% of the notified amount, it shall submit another notification to the resolution authority. |
| 0030 | REASONS FOR MEETING THE CATEGORIES/CONDITIONS
  Institutions and entities shall explain why the category of liabilities has been notified.
  The reasoning will constitute the basis for the resolution authority to make an assessment of the notification of impracticability. |
| 0040 | INSOLVENCY RANKING
  Institutions and entities shall fill in the values corresponding to the ranking of the liabilities in each category in column 0010, on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant law applicable in the Member State where the notifying institution or entity is incorporated. |
| 0050 | NUMBER OF UNDERLYING LIABILITIES
  Institutions and entities shall indicate the estimated maximum number of contracts/instruments to be held under the respective category of liabilities for a period of 6 months from the date of notification. |

Columns

Legal references and instructions

0010

CATEGORY

Institutions and entities shall indicate the category of liabilities, as specified by the relevant resolution authority in accordance with Article 55(7) of Directive 2014/59/EU, for which it submits the notification.

A notification using template N01.02 can include as many categories of liabilities as necessary.

0020

TOTAL VALUE OF LIABILITIES IN LOCAL CURRENCY IN CATEGORY

Institutions and entities shall indicate the expected total amount of liabilities for each of the notified categories indicated in column 0010.

The amount shall be an estimated maximum amount to be reached under the specified category for a period of 6 months from the date of notification.

The amount shall be expressed in the currency of the Member State where the institution or entity is incorporated.

If during the 6-month period following the notification, the institution or entity determines that the value of the liabilities in the category has increased by more than 10% of the notified amount, it shall submit another notification to the resolution authority.

0030

REASONS FOR MEETING THE CATEGORIES/CONDITIONS

Institutions and entities shall explain why the category of liabilities has been notified.

The reasoning will constitute the basis for the resolution authority to make an assessment of the notification of impracticability.

0040

INSOLVENCY RANKING

Institutions and entities shall fill in the values corresponding to the ranking of the liabilities in each category in column 0010, on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant law applicable in the Member State where the notifying institution or entity is incorporated.

0050

NUMBER OF UNDERLYING LIABILITIES

Institutions and entities shall indicate the estimated maximum number of contracts/instruments to be held under the respective category of liabilities for a period of 6 months from the date of notification.

6.   N02.00 – Liability insolvency classes

6.1   General remarks

The institutions or entities shall complete template N02.00 with reference to the last quarter for which data are available (4), except for the values in column 0070.

By default, amounts notified in this template shall be outstanding values, except for column 0070. The outstanding amount of a claim or instrument is the sum of the principal amount of and the accrued interest on the claim or instrument. The outstanding amount due is equal to the value of the claim that the creditor could file under insolvency proceedings. Values in column 0070 should reflect the total amount notified in templates N01.01 and N01.02 and therefore should be the maximum expected value to be reached under the currently notified contracts/instruments and/or categories.

For off-balance sheet items, institutions and entities shall provide the insolvency ranking of the liability that would materialise upon activation of that off-balance sheet item.

All values in this template shall be provided in the local currency of the Member State where the institution or entity is incorporated.

6.2   Instructions concerning specific columns

| Columns | Legal references and instructions |
| --- | --- |
| 0010 | INSOLVENCY RANKING
  The institution or entity shall fill in the value corresponding to the liability’s ranking on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the national law applicable in the Member State where the institution or entity is incorporated.
  Template N02.00 shall include a line for each insolvency ranking indicated in template N01.01, column 0100, and in template N01.02, column 0040. |
| 0020 | OUTSTANDING AMOUNT OF TOTAL LIABILITIES IN RANKING
  The total outstanding amount of all liabilities for the insolvency ranking provided in column 0010. |
| 0030 | OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY
  This column shall include the outstanding amount of liabilities governed by the law of a third country. |
| 0040 | OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION
  This column shall include the outstanding amount of all liabilities governed by the law of a third-country that do not include the contractual recognition of bail-in clause as required by Article 55(1) of Directive 2014/59/EU. The value will be the outstanding amount.
  The value will be computed as the sum of all liabilities that fulfil the following conditions:






  (a) | the liabilities still exist; |

Columns

Legal references and instructions

0010

INSOLVENCY RANKING

The institution or entity shall fill in the value corresponding to the liability’s ranking on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the national law applicable in the Member State where the institution or entity is incorporated.

Template N02.00 shall include a line for each insolvency ranking indicated in template N01.01, column 0100, and in template N01.02, column 0040.

0020

OUTSTANDING AMOUNT OF TOTAL LIABILITIES IN RANKING

The total outstanding amount of all liabilities for the insolvency ranking provided in column 0010.

0030

OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY

This column shall include the outstanding amount of liabilities governed by the law of a third country.

0040

OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION

This column shall include the outstanding amount of all liabilities governed by the law of a third-country that do not include the contractual recognition of bail-in clause as required by Article 55(1) of Directive 2014/59/EU. The value will be the outstanding amount.

The value will be computed as the sum of all liabilities that fulfil the following conditions:

(a)

the liabilities still exist;

| (b) | the liabilities are governed by the law of a third country; |
| --- | --- |

(b)

the liabilities are governed by the law of a third country;

| (c) | the liabilities do not include the contractual recognition term as required by Article 55(1) of Directive 2014/59/EU; |
| --- | --- |

(c)

the liabilities do not include the contractual recognition term as required by Article 55(1) of Directive 2014/59/EU;

| (d) | the liabilities are not excluded from bail-in; |
| --- | --- |

(d)

the liabilities are not excluded from bail-in;

| (e) | the liabilities are not deposits as referred to in Article 108, point (a), of Directive 2014/59/EU. |
| --- | --- |

(e)

the liabilities are not deposits as referred to in Article 108, point (a), of Directive 2014/59/EU.

0050

OF WHICH: CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY

This column shall include the outstanding amounts of all liabilities and/or categories of liabilities notified in templates N01.01 and N01.02 of this notification.

0060

OF WHICH: EXCLUDED FROM BAIL-IN

This column shall include liabilities that are excluded from the application of the bail-in tool in accordance with Article 44(2) of Directive 2014/59/EU or that could fall under any condition in Article 44(3) of that Directive.

0070

NOMINAL AMOUNT OF TOTAL LIABILITIES CURRENTLY NOTIFIED TO THE RESOLUTION AUTHORITY

This column shall reflect the total (sum) of the nominal and/or maximum expected amounts of the liabilities and/or categories of liabilities notified in templates N01.01 and N01.02 of this notification.

---

(1)  Template N02.00 is to be submitted in all cases described in points (a), (b) and (c).

(2)  Commission Implementing Regulation (EU) 2018/1624 of 23 October 2018 laying down implementing technical standards with regard to procedures and standard forms and templates for the provision of information for the purposes of resolution plans for credit institutions and investment firms pursuant to Directive 2014/59/EU of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2016/1066 (OJ L 277, 7.11.2018, p. 1).

(3)  Commission Delegated Regulation (EU) 2021/1527 of 31 May 2021 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards for the contractual recognition of write down and conversion powers (OJ L 329, 17.9.2021, p. 2).

(4)  The last quarter for which data are available shall be in line with the remittance dates for quarterly reporting: 12 May (for reference date 31 March), 11 August (for reference date 30 June), 11 November (for reference date 30 September) and 11 February (for reference date 31December).

---

ANNEX III

Single data point model

All data items set out in the Annexes to this Regulation shall be transformed into a single data point model which is the basis for uniform IT systems of institutions and resolution authorities?.

The single data point model shall meet the following criteria:

| (a) | provide a structured representation of all data items set out in the Annexes to this Regulation; |
| --- | --- |

(a)

provide a structured representation of all data items set out in the Annexes to this Regulation;

| (b) | identify all the business concepts set out in the Annexes to this Regulation; |
| --- | --- |

(b)

identify all the business concepts set out in the Annexes to this Regulation;

| (c) | provide a data dictionary identifying table labels, ordinate labels, axis labels, domain labels, dimension labels and member labels; |
| --- | --- |

(c)

provide a data dictionary identifying table labels, ordinate labels, axis labels, domain labels, dimension labels and member labels;

| (d) | provide metrics which define the property or amount of data points; |
| --- | --- |

(d)

provide metrics which define the property or amount of data points;

| (e) | provide data point definitions that are expressed as a composition of characteristics that univocally identify the financial concept; |
| --- | --- |

(e)

provide data point definitions that are expressed as a composition of characteristics that univocally identify the financial concept;

| (f) | contain all the relevant technical specifications necessary for developing IT reporting solutions producing uniform resolution data. |
| --- | --- |

(f)

contain all the relevant technical specifications necessary for developing IT reporting solutions producing uniform resolution data.

---

ANNEX IV

Validation rules

The data items set out in Annex I shall be subject to validation rules ensuring data quality and consistency. The validation rules shall meet the following criteria:

| (a) | define the logical relationships between relevant data points; |
| --- | --- |

(a)

define the logical relationships between relevant data points;

| (b) | include filters and preconditions that define a set of data to which a validation rule applies; |
| --- | --- |

(b)

include filters and preconditions that define a set of data to which a validation rule applies;

| (c) | check the consistency of the transmitted data; |
| --- | --- |

(c)

check the consistency of the transmitted data;

| (d) | check the accuracy of the transmitted data; |
| --- | --- |

(d)

check the accuracy of the transmitted data;

| (e) | set default values which shall be applied where the relevant information has not been transmitted. |
| --- | --- |

(e)

set default values which shall be applied where the relevant information has not been transmitted.

---

DECISIONS

| 4.10.2021 | EN | Official Journal of the European Union | L 349/19 |
| --- | --- | --- | --- |

4.10.2021

EN

Official Journal of the European Union

L 349/19

---

COMMISSION IMPLEMENTING DECISION (EU) 2021/1752

of 1 October 2021

laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on the separate collection of waste single-use plastic beverage bottles

THE EUROPEAN COMMISSION,

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

Having regard to Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (1), and in particular Articles 9(3) and 13(4) thereof,

Whereas:

| (1) | Directive (EU) 2019/904 sets targets for the separate collection for recycling of waste single-use plastic beverage bottles listed in Part F of the Annex to that Directive (‘waste single-use bottles’). Pursuant to Article 9(1) of Directive (EU) 2019/904, the target for 2025 is 77 % by weight of all such single-use bottles placed on the market and the target for 2029 is 90 %. The Commission is to lay down the methodology for the calculation and verification of those separate collection targets and the format in which the Member States are to report data on waste single use bottles that have been separately collected each year. |
| --- | --- |

(1)

Directive (EU) 2019/904 sets targets for the separate collection for recycling of waste single-use plastic beverage bottles listed in Part F of the Annex to that Directive (‘waste single-use bottles’). Pursuant to Article 9(1) of Directive (EU) 2019/904, the target for 2025 is 77 % by weight of all such single-use bottles placed on the market and the target for 2029 is 90 %. The Commission is to lay down the methodology for the calculation and verification of those separate collection targets and the format in which the Member States are to report data on waste single use bottles that have been separately collected each year.

| (2) | To ensure comparability of data, it is necessary to set out detailed rules for determining the points where the weight of the collected waste single-use bottles is measured. Those rules should take into account the existing separate collection practices and the amount of other materials and substances present in the collected waste in addition to such bottles. |
| --- | --- |

(2)

To ensure comparability of data, it is necessary to set out detailed rules for determining the points where the weight of the collected waste single-use bottles is measured. Those rules should take into account the existing separate collection practices and the amount of other materials and substances present in the collected waste in addition to such bottles.

| (3) | In order to ensure the comparability of the data to be reported, it is necessary to provide detailed rules for how to apply the two alternative methods, referred to in Article 9(1) of Directive (EU) 2019/904, of determining the amount of such single-use bottles placed on the market. |
| --- | --- |

(3)

In order to ensure the comparability of the data to be reported, it is necessary to provide detailed rules for how to apply the two alternative methods, referred to in Article 9(1) of Directive (EU) 2019/904, of determining the amount of such single-use bottles placed on the market.

| (4) | In order to ensure accuracy of the data on the weight of the collected waste single-use bottles, the reporting format should ensure that all parameters relevant for the calculation of the amount of waste single-use bottles separately collected are identified and that a description of the methodologies applied for the calculation and verification of the data for those parameters is provided. |
| --- | --- |

(4)

In order to ensure accuracy of the data on the weight of the collected waste single-use bottles, the reporting format should ensure that all parameters relevant for the calculation of the amount of waste single-use bottles separately collected are identified and that a description of the methodologies applied for the calculation and verification of the data for those parameters is provided.

| (5) | While the obligation to separately collect waste requires that waste be kept separate by type and nature, it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling in line with the waste hierarchy in accordance with Article 10(2) and point (a) of Article 10(3) of Directive 2008/98/EC. |
| --- | --- |

(5)

While the obligation to separately collect waste requires that waste be kept separate by type and nature, it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling in line with the waste hierarchy in accordance with Article 10(2) and point (a) of Article 10(3) of Directive 2008/98/EC.

| (6) | The methodology for the calculation and verification of the separate collection targets for waste single-use bottles referred to in Article 9(3) of Directive (EU) 2019/904 is closely linked to the format for reporting on such separate collection referred to in Article 13(4) of that Directive in view of the subject-matter of those measures and the context in which they are to apply. It is therefore appropriate to adopt this act on the basis of both of those provisions in order to ensure coherence between the rules on calculation, verification and reporting on separate collection of waste single-use bottles and facilitate access to those rules. |
| --- | --- |

(6)

The methodology for the calculation and verification of the separate collection targets for waste single-use bottles referred to in Article 9(3) of Directive (EU) 2019/904 is closely linked to the format for reporting on such separate collection referred to in Article 13(4) of that Directive in view of the subject-matter of those measures and the context in which they are to apply. It is therefore appropriate to adopt this act on the basis of both of those provisions in order to ensure coherence between the rules on calculation, verification and reporting on separate collection of waste single-use bottles and facilitate access to those rules.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2), |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

Methodology for the calculation and reporting of the amount of separately collected waste single-use bottles

1.   The amount of separately collected waste single-use plastic beverage bottles listed in Part F of the Annex to Directive (EU) 2019/904 (‘waste single-use bottles’) shall be calculated by dividing the weight of the separately collected waste single-use bottles by the weight of such single-use bottles placed on the market (‘single-use bottles placed on the market’). The resulting ratio shall be expressed in percent.

2.   Member States shall apply the formulas laid down in Annex I to calculate the amount of separately collected waste single-use bottles.

Article 2

Methodology for the determination of the weight of separately collected waste single-use bottles

1.   The weight of the waste single-use bottles shall include the weight of their caps and lids.

2.   The weight of the waste single-use bottles shall not include the weight of any remaining beverage.

3.   The weight of the waste single-use bottles may include the weight of labels and adhesives only if it is included also in the weight of the single-use bottles placed on the market.

4.   The waste single-use bottles shall be considered as separately collected where either of the following conditions is fulfilled:

| (a) | the waste single-use bottles have been collected separately for recycling from any other waste; |
| --- | --- |

(a)

the waste single-use bottles have been collected separately for recycling from any other waste;

| (b) | the waste single-use bottles have been collected together with other waste packaging fractions of municipal waste or with other non-packaging plastic, metal, paper or glass fractions of municipal waste collected separately for recycling, and






  (i) | the collection system does not collect waste likely to contain hazardous substances; |
| --- | --- | --- |

(b)

the waste single-use bottles have been collected together with other waste packaging fractions of municipal waste or with other non-packaging plastic, metal, paper or glass fractions of municipal waste collected separately for recycling, and

(i)

the collection system does not collect waste likely to contain hazardous substances;

| (ii) | the collection of waste and the subsequent sorting are designed and carried out to minimise contamination of collected waste single-use bottles from waste plastics not originating from such bottles and other waste; |
| --- | --- |

(ii)

the collection of waste and the subsequent sorting are designed and carried out to minimise contamination of collected waste single-use bottles from waste plastics not originating from such bottles and other waste;

| (iii) | quality assurance systems are set up by the waste operators in order to verify that the conditions set out in points (i) and (ii) are fulfilled. |
| --- | --- |

(iii)

quality assurance systems are set up by the waste operators in order to verify that the conditions set out in points (i) and (ii) are fulfilled.

5.   The quality assurance systems referred to in paragraph 4, point (b)(iii) shall:

| (a) | take account of the adequacy of personnel, their knowledge and skills, and the organisation of the premises and equipment to the extent necessary to ensure that collected waste single-use bottles comply with the conditions set out in paragraph 4, point (b)(i) and (ii); |
| --- | --- |

(a)

take account of the adequacy of personnel, their knowledge and skills, and the organisation of the premises and equipment to the extent necessary to ensure that collected waste single-use bottles comply with the conditions set out in paragraph 4, point (b)(i) and (ii);

| (b) | carry out the verifying operations accordance with pre-established instructions and procedures; |
| --- | --- |

(b)

carry out the verifying operations accordance with pre-established instructions and procedures;

| (c) | be certified by an independent third party. |
| --- | --- |

(c)

be certified by an independent third party.

6.   The weight of waste single-use bottles collected separately in accordance with paragraph 4, point (a), shall be measured at the point where they are collected or at the output of the sorting operations. The weight of such waste bottles may be calculated by counting the bottles provided that conversion factors are applied that take into account the weight of each bottle size, the polymer type of the bottles and the lids and caps as well as the losses in subsequent sorting operations.

7.   The weight of waste single-use bottles collected separately in accordance with paragraph 4, point (b), shall be measured at the output of the sorting operations where they are separated from the other waste with which they were collected.

8.   Where waste single-use bottles and other packaging waste of the same polymer are present at the output of a sorting operation, the weight of the waste single-use bottles shall be proportional to the share of waste single-use bottles at the input of a sorting operation. That share shall be determined based on representative sampling and subsequent compositional analysis or by use of electronic registries.

Article 3

Methodology for the determination of the weight of single-use bottles placed on the market

1.   The weight of single-use bottles placed on the market shall include only the weight of such bottles that were placed on the market after having been filled with beverage.

2.   The weight of single-use bottles placed on the market may, where there are significant imports, exports or other movements within the Union of such bottles by operators or by natural persons for their own personal use, be adjusted in order to take account of such movements.

3.   In cases where Member States determine the weight of single-use bottles placed on the market on the basis of the weight of the waste generated from such products as referred to in Article 9(1), second subparagraph, of Directive (EU) 2019/904, the weight of that waste shall include the following:

| (a) | separately collected waste single-use bottles, irrespective of whether or not they meet the requirements set out in Article 2(4), points (a) and (b); |
| --- | --- |

(a)

separately collected waste single-use bottles, irrespective of whether or not they meet the requirements set out in Article 2(4), points (a) and (b);

| (b) | waste single-use bottles collected as mixed municipal waste; |
| --- | --- |

(b)

waste single-use bottles collected as mixed municipal waste;

| (c) | waste single-use bottles disposed of as litter outside of waste collection systems, irrespective of whether or not they have subsequently been collected. |
| --- | --- |

(c)

waste single-use bottles disposed of as litter outside of waste collection systems, irrespective of whether or not they have subsequently been collected.

The weight of the bottles referred to in the first subparagraph, points (b) and (c), shall be calculated by applying the sampling methodology and the waste composition analysis set out in Article 4.

Article 4

Sampling methodology and waste composition analysis to calculate the weight of waste single-use bottles collected as mixed municipal waste or disposed of as litter

1.   The data collection for the waste composition analysis shall be based on surveys and a collection of representative samples. This data collection shall take into account:

| (a) | seasonal variations of waste single-use bottles disposed as litter outside of waste collection systems; |
| --- | --- |

(a)

seasonal variations of waste single-use bottles disposed as litter outside of waste collection systems;

| (b) | variations in the levels of urbanisation; |
| --- | --- |

(b)

variations in the levels of urbanisation;

| (c) | variations in frequency, types and location of municipal waste collection. |
| --- | --- |

(c)

variations in frequency, types and location of municipal waste collection.

2.   The data collection and analysis referred to in paragraph 1 shall cover the entire territory of a given Member State.

Article 5

Collection and reporting of data

1.   Collection of data to calculate the weight of waste single-use bottles and single-use bottles placed on the market in accordance with Article 2 and Article 3shall be carried out every year. Member States shall, to the extent possible, use electronic registries to collect and report data.

2.   Member States shall report the data referred to in Article 13(1), point (c), of Directive (EU) 2019/904 in the format laid down in Annex II to this Decision and submit the quality check report referred to in Article 13(2) of that Directive as regards those data in the format laid down in Annex III to this Decision.

3.   The Commission shall publish the data reported by the Member States unless a Member State provides a justified request in the report referred to in paragraph 2 to withhold the publication of certain data.

Article 6

Entry into force

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

Official Journal of the European Union

Done at Brussels, 1 October 2021.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 155, 12.6.2019, p. 1.

1

(2)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

2

---

ANNEX I

FORMULAS FOR THE CALCULATION OF THE AMOUNT OF SEPARATELY COLLECTED WASTE SINGLE-USE BOTTLES

ASCB = (WSCB
  apart
   + WSCB
  blended)/(WBPM
   + WEWG) × 100 %

Where:

| ASCB | means the amount of separately collected for recycling waste single-use bottles as referred to in Article 1 |
| --- | --- |
| WSCB
  apart | means the weight of waste single-use bottles collected separately for recycling from any other waste in accordance with Article 2(4), point (a) |
| WSCB
  blended | means the weight of waste single-use bottles collected separately for recycling together with other wastes in accordance with Article 2(4), point (b) |
| WBPM | means the weight of single-use bottles placed on the market as referred to in Article 3(1) and (2) |
| WEWG | means the weight of single-use bottles placed on the market and determined on the basis of the weight of the waste generated by such products as referred to in Article 3(3) |

ASCB

means the amount of separately collected for recycling waste single-use bottles as referred to in Article 1

WSCB
  apart

means the weight of waste single-use bottles collected separately for recycling from any other waste in accordance with Article 2(4), point (a)

WSCB
  blended

means the weight of waste single-use bottles collected separately for recycling together with other wastes in accordance with Article 2(4), point (b)

WBPM

means the weight of single-use bottles placed on the market as referred to in Article 3(1) and (2)

WEWG

means the weight of single-use bottles placed on the market and determined on the basis of the weight of the waste generated by such products as referred to in Article 3(3)

WBPM = WBPM
  gross – WB
  out
   + WB
  in

| WBPM
  gross | means the weight of single-use bottles placed on the market as referred to in Article 3(1) |
| --- | --- |
| WB
  out | means the weight of single-use bottles placed on the market that have been exported or moved to other Member States by operators or by natural persons for their own personal use as referred to in Article 3(2) |
| WB
  in | means the weight of single-use bottles placed on the market that have been imported or received from other Member States by operators or by natural persons for their own personal use as referred to in Article 3(2) |

WBPM
  gross

means the weight of single-use bottles placed on the market as referred to in Article 3(1)

WB
  out

means the weight of single-use bottles placed on the market that have been exported or moved to other Member States by operators or by natural persons for their own personal use as referred to in Article 3(2)

WB
  in

means the weight of single-use bottles placed on the market that have been imported or received from other Member States by operators or by natural persons for their own personal use as referred to in Article 3(2)

WB
  out = W
  B
  out
  moved
  to
  other
  MS
   + W
  B
  out
  exp
   + W
  B
  out
  moved
  to
  other
  MS
  by
  natural
  persons
   + W
  B
  out
  by
  natural
  persons

| W
  B
  out
  moved
  to
  other
  MS | means the weight of single-use bottles placed on the market that have been moved to other Member States by operators |
| --- | --- |
| W
  B
  out
  exp | means the weight of single-use bottles placed on the market that have been exported by operators |
| W
  B
  out
  moved
  to
  other
  MS
  by
  natural
  persons | means the estimated weight of single-use bottles placed on the market that have been moved to other Member State by natural persons for their own personal use |
| W
  B
  out
  by
  natural
  persons | means the estimated weight of single-use bottles placed on the market that have been exported by natural persons for their own personal use |

W
  B
  out
  moved
  to
  other
  MS

means the weight of single-use bottles placed on the market that have been moved to other Member States by operators

W
  B
  out
  exp

means the weight of single-use bottles placed on the market that have been exported by operators

W
  B
  out
  moved
  to
  other
  MS
  by
  natural
  persons

means the estimated weight of single-use bottles placed on the market that have been moved to other Member State by natural persons for their own personal use

W
  B
  out
  by
  natural
  persons

means the estimated weight of single-use bottles placed on the market that have been exported by natural persons for their own personal use

WB
  in = W
  B
  in
  from
  other
  MS
   + W
  B
  in
  imported
   + W
  B
  in
  moved
  from
  other
  MS
  by
  natural
  persons
   + W
  B
  in
  by
  natural
  persons

| W
  B
  in
  from
  other
  MS | means the weight of single-use bottles placed on the market that have been received from other Member States by operators |
| --- | --- |
| W
  B
  in
  imported | means the weight of single-use bottles placed on the market that have been imported by operators |
| W
  B
  in
  moved
  from
  other
  MS
  by
  natural
  persons | means the estimated weight of single-use bottles placed on the market that have been moved from other Member State by natural persons for their own personal use |
| W
  B
  in
  by
  natural
  persons | means the estimated weight of single-use bottles placed on the market that have been imported by natural persons for their own personal use |

W
  B
  in
  from
  other
  MS

means the weight of single-use bottles placed on the market that have been received from other Member States by operators

W
  B
  in
  imported

means the weight of single-use bottles placed on the market that have been imported by operators

W
  B
  in
  moved
  from
  other
  MS
  by
  natural
  persons

means the estimated weight of single-use bottles placed on the market that have been moved from other Member State by natural persons for their own personal use

W
  B
  in
  by
  natural
  persons

means the estimated weight of single-use bottles placed on the market that have been imported by natural persons for their own personal use

WEWG = TWSCB
   + Wother
  SCB
   + WMSW
   + Wlitter

| TWSCB | means the weight of waste single-use bottles collected separately for recycling in accordance with the requirements set out in Article 2(4), points (a) and (b)as referred to in Article 3(3), point (a) |
| --- | --- |
| Wother
  SCB | means the weight of waste single-use bottles collected separately for recycling not in accordance with the requirements set out in Article 2(4), points (a) and (b) as referred to in Article 3(3), point (a) |
| WMSW | means the weight of waste single-use bottles collected as mixed municipal waste as referred to in Article 3(3), point (b) |
| Wlitter | means the weight of littered waste single-use bottles as referred to in Article 3(3), point (c) |

TWSCB

means the weight of waste single-use bottles collected separately for recycling in accordance with the requirements set out in Article 2(4), points (a) and (b)as referred to in Article 3(3), point (a)

Wother
  SCB

means the weight of waste single-use bottles collected separately for recycling not in accordance with the requirements set out in Article 2(4), points (a) and (b) as referred to in Article 3(3), point (a)

WMSW

means the weight of waste single-use bottles collected as mixed municipal waste as referred to in Article 3(3), point (b)

Wlitter

means the weight of littered waste single-use bottles as referred to in Article 3(3), point (c)

---

ANNEX II

FORMAT FOR THE REPORTING OF DATA

I.   Format for reporting of data calculated based on the methodology set out in Article 3

Table 1

Weight of single-use bottles placed on the market calculated in accordance with Article 3 (in tonnes)

| COUNTRY: | |
| --- | --- |
| REFERENCE YEAR: | |
| Weight of single-use bottles in tonnes calculated in accordance with Article 3(1) |
| Weight of single use bottles placed on the market (1) | |
| Adjustment of the weight of single-use bottles calculated in accordance with Article 3(2) | |
| Weight of single use bottles placed on the market that have been imported by operators (2) | |
| Weight of single use bottles placed on the market that have been received from other Member States by operators (3) | |
| Weight of single use bottles placed on the market that have been exported by operators (4) | |
| Weight of single use bottles placed on the market that have been moved to other Member States by operators (5) | |
| Estimated weight of single use bottles placed on the market that have been exported by natural persons for their own personal use (6) | |
| Estimated weight of single use bottles placed on the market that have been imported by natural persons for their own personal use (7) | |
| Estimated weight of single use bottles placed on the market that have been moved to other Member State by natural persons for their own personal use (8) | |
| Estimated weight of single use bottles placed on the market that have been moved from other Member State by natural persons for their own personal use (9) | |
| Weight of single use bottles placed on the market adjusted (10) | |
| |
| Weight of single-use bottles placed on the market determined on the basis of the weight of waste generated from such products calculated in accordance with Art 3(3) |
| Weight of waste single-use bottles collected separately for recycling in accordance with the requirements set out in Article 2(4)(a) and (b) (11) | |
| Weight of waste single use bottles collected separately not in accordance with the requirements set out in Article 2(4)(a) and (b) (12) | |
| Weight of waste single-use bottles collected as mixed municipal waste (13) | |
| Weight of littered waste single-use bottles (14) | |
| Notes:

  Dark shaded boxes: Reporting is voluntary |

COUNTRY:

REFERENCE YEAR:

Weight of single-use bottles in tonnes calculated in accordance with Article 3(1)

Weight of single use bottles placed on the market (1)

Adjustment of the weight of single-use bottles calculated in accordance with Article 3(2)

Weight of single use bottles placed on the market that have been imported by operators (2)

Weight of single use bottles placed on the market that have been received from other Member States by operators (3)

Weight of single use bottles placed on the market that have been exported by operators (4)

Weight of single use bottles placed on the market that have been moved to other Member States by operators (5)

Estimated weight of single use bottles placed on the market that have been exported by natural persons for their own personal use (6)

Estimated weight of single use bottles placed on the market that have been imported by natural persons for their own personal use (7)

Estimated weight of single use bottles placed on the market that have been moved to other Member State by natural persons for their own personal use (8)

Estimated weight of single use bottles placed on the market that have been moved from other Member State by natural persons for their own personal use (9)

Weight of single use bottles placed on the market adjusted (10)

Weight of single-use bottles placed on the market determined on the basis of the weight of waste generated from such products calculated in accordance with Art 3(3)

Weight of waste single-use bottles collected separately for recycling in accordance with the requirements set out in Article 2(4)(a) and (b) (11)

Weight of waste single use bottles collected separately not in accordance with the requirements set out in Article 2(4)(a) and (b) (12)

Weight of waste single-use bottles collected as mixed municipal waste (13)

Weight of littered waste single-use bottles (14)

Notes:

Dark shaded boxes: Reporting is voluntary

II.   Format for reporting of data calculated based on the methodology set out in Article 2(4)

Table 2

Weight of separately collected for recycling waste single-use bottles calculated in accordance with Article 2(4) (in tonnes)

| COUNTRY: | |
| --- | --- |
| REFERENCE YEAR: | |
| | |
| a) | Weight of waste single use bottles collected separately from any other waste (15) |

COUNTRY:

REFERENCE YEAR:

a)

Weight of waste single use bottles collected separately from any other waste (15)

| b) | Weight of waste single use bottles collected together with other wastes (16) |
| --- | --- |

b)

Weight of waste single use bottles collected together with other wastes (16)

Notes:

---

(1)  Calculated in accordance with Article 3(1). (W
  BPM
  gross
  )

(2)  Calculated in accordance with Article 3(2). (W
  B
  in
  imported
  )

(3)  Calculated in accordance with Article 3(2). (W B
  in
  from
  other
  MS)

(4)  Calculated in accordance with Article 3(2). (W
  B
  out
  exp
  )

(5)  Calculated in accordance with Article 3(2). (W
  B
  out
  moved
  to
  other
  MS
  )

(6)  Calculated in accordance with Article 3(2). (W
  B
  out
  by
  natural
  persons
  )

(7)  Calculated in accordance with Article 3(2). (W
  B
  in
  by
  natural
  persons
  )

(8)  Calculated in accordance with Article 3(2). (W
  B
  out
  moved
  to
  other
  MS
  by
  natural
  persons
  )

(9)  Calculated in accordance with Article 3(2). (W B
  in
  moved
  from
  other
  MS
  by
  natural
  persons)

(10)  Calculated in accordance with Article 3(2). (W
  BPM
  )

(11)  Calculated in accordance with Article 3(3), point (a). (TW
  SCB
  )

(12)  Calculated in accordance with Article 3(3), point (a). (W
  other
  SCB
  )

(13)  Calculated in accordance with Article 3(3), point (b). (W
  MSW
  )

(14)  Calculated in accordance with Article 3(3), point (c). (W
  litter
  )

(15)  Calculated in accordance with Article 2(4), point (a). (W SCB
  apart)

(16)  Collected together with other waste packaging fractions of municipal waste or with other non-hazardous, non-packaging plastic, metal, paper or glass fractions of municipal waste collected separately for recycling and calculated in accordance with Article 2(4), point (b). (W SCB
  blended)

---

ANNEX III

FORMAT FOR THE QUALITY CHECK REPORT

I.   General Information

| 1.1. | Member State: |
| --- | --- |

1.1.

Member State:

| 1.2. | Organisation submitting the data and the description: |
| --- | --- |

1.2.

Organisation submitting the data and the description:

| 1.3. | Contact name: |
| --- | --- |

1.3.

Contact name:

| 1.4. | Contact email address: |
| --- | --- |

1.4.

Contact email address:

| 1.5. | Contact phone number: |
| --- | --- |

1.5.

Contact phone number:

| 1.6. | Reference year: |
| --- | --- |

1.6.

Reference year:

| 1.7. | Delivery date/version: |
| --- | --- |

1.7.

Delivery date/version:

| 1.8. | Link to data publication by the Member State (if any): |
| --- | --- |

1.8.

Link to data publication by the Member State (if any):

II.   Description of the institutions involved in the data collection

| Name of institution | Description of key responsibilities |
| --- | --- |
| | |
| | |

Name of institution

Description of key responsibilities

Add rows as appropriate.

III.   Description of methods used

3.1.   Single-use bottles placed on the market (Annex II, Table 1)

3.1.1.   Description of the methodology for surveys and composition analysis

Where the weight of single-use bottles placed on the market is determined based on the weight of the waste generated from such products, a description of the methodology used for the sampling and the waste composition analysis referred to in Article 4.

| | Methodology used | Variations taken into account |
| --- | --- | --- |
| Waste single-use bottles collected as mixed municipal waste | | |
| Waste single-use bottles disposed of as litter | | |

Methodology used

Variations taken into account

Waste single-use bottles collected as mixed municipal waste

Waste single-use bottles disposed of as litter

3.1.2.   Description of any significant inconsistencies between the weight of single-use bottles placed on the market and the weight of packaging waste generated or any other related issues

Where appropriate, a description of corrective measures planned or taken.

| |
| --- |

Add rows as appropriate

3.2.   Information on separately collected waste single-use bottles (Annex II, Table 2)

3.2.1.   Description of the methods and sources for determining the weight of separately collected waste single-use bottles

Explain the practices that are taken into account for calculating the share of separately collected waste single-use bottles, and the methods for determining that waste single-use bottles collected together with other waste are of comparable quality to waste single-use bottles collected separately from any other waste. Include the documentation of the quality assurance systems and of the third party verification that are set up by the waste operators to verify that the conditions set out in Article 2(4)(b), points (i) and (ii), are fulfilled.

| |
| --- |

Add rows as appropriate

IV.   Data verification and control system

4.1   Verification of data on separately collected waste single-use bottles

| Verification and control procedures | Applied for data on | Additional comments, if relevant |
| --- | --- | --- |
| Single-use bottles placed on the market
  (yes/no) | Waste single-use bottles (yes/no) | Waste single-use bottles collected separately from other waste as referred to in Article 2(4), point (a)
  (yes/no) | Waste single-use bottles collected together with other waste as referred to in Article 2(4), point (b)
  (yes/no) | Adjustment to account for other materials captured by separate collection, that are not part of the single-use bottles (1) (yes/no) |
| Data completeness checks | | | | | | |
| Cross-checks | | | | | | |
| Time-series checks | | | | | | |
| Audit checks | | | | | | |
| Other (specify) | | | | | | |

Verification and control procedures

Applied for data on

Additional comments, if relevant

Single-use bottles placed on the market

(yes/no)

Waste single-use bottles (yes/no)

Waste single-use bottles collected separately from other waste as referred to in Article 2(4), point (a)

(yes/no)

Waste single-use bottles collected together with other waste as referred to in Article 2(4), point (b)

(yes/no)

Adjustment to account for other materials captured by separate collection, that are not part of the single-use bottles (1) (yes/no)

Data completeness checks

Cross-checks

Time-series checks

Audit checks

Other (specify)

4.2   Description of main factors affecting the accuracy of the data reported on waste single-use bottles, single-use bottles placed on the market and/or waste single-use bottles separately collected

| Potential factors affecting reliability of data | Factors | Description of how the accuracy of data is affected and which methodologies have been applied to minimise the impact of inaccurate data |
| --- | --- | --- |
| Single-use bottles placed on the market
  (yes/no) | Waste single-use bottles
  (yes/no) | Waste single-use bottles separately collected
  (yes/no) |
| Sampling errors (2) (e.g. coefficients of variation) | | | | |
| Coverage errors (3) (e.g. de-minimis rules, regional coverage) | | | | |
| Measurement errors (4) (e.g. measurement unit, material that is not part of an empty single-use bottle including its caps and lids) | | | | |
| Data collection test instruments (5) e.g. testing of questionnaires) | | | | |
| Processing errors (6) (e.g. identification of errors, correction of errors) | | | | |
| Non-response errors (7) | | | | |
| Model assumption errors (8) | | | | |
| Other (please specify) | | | | |

Potential factors affecting reliability of data

Factors

Description of how the accuracy of data is affected and which methodologies have been applied to minimise the impact of inaccurate data

Single-use bottles placed on the market

(yes/no)

Waste single-use bottles

(yes/no)

Waste single-use bottles separately collected

(yes/no)

Sampling errors (2) (e.g. coefficients of variation)

Coverage errors (3) (e.g. de-minimis rules, regional coverage)

Measurement errors (4) (e.g. measurement unit, material that is not part of an empty single-use bottle including its caps and lids)

Data collection test instruments (5) e.g. testing of questionnaires)

Processing errors (6) (e.g. identification of errors, correction of errors)

Non-response errors (7)

Model assumption errors (8)

Other (please specify)

4.3   Explanation of the scope and validity of surveys to collect data on waste single-use bottles, single-use bottles placed on the market and or waste single-use bottles separately collected

| |
| --- |

Add rows as appropriate

4.4   Differences in the data reported for the previous reference years

Significant methodological changes in the calculation method used for the current reference year in relation to the calculation method used for previous reference years, if any (in particular retrospective revisions, their nature and whether a break in the series has to be flagged for a certain year).

| |
| --- |

Add rows as appropriate

4.5   Explanation for the difference in tonnage

Where the reported data shows a greater than 10 % variation in relation to the data submitted for the previous reference year.

Reasons for the difference or the underlying cause for the differences in the weight of waste single-use bottles, single-use bottles placed on the market and/or waste single-use bottles separately collected.

| Waste single-use bottles, single-use bottles placed on the market and/or waste single-use bottles separately collected | Variation (%) | Main reason for variation |
| --- | --- | --- |
| | | |

Waste single-use bottles, single-use bottles placed on the market and/or waste single-use bottles separately collected

Variation (%)

Main reason for variation

Add rows as appropriate

V.   Confidentiality

Justification for the request to withhold the publication of certain data in this report, together with a list of the specific parts requested to be withheld.

| |
| --- |

VI.   Main national websites, reference documents and publications

Name and url of the main websites, reference documents and publications related to this data collection.

| |
| --- |

Add rows as appropriate

---

(1)  Labels, adhesives, residues of beverages that the bottles contained and any other material that is not part of the single-use bottle or of its caps and lids.

(2)  Describe the estimated coefficients of variation and the methodologies applied for variance estimation.

(3)  Describe the type and size of coverage errors.

(4)  Describe the instruments to reduce potential risks and avoid errors.

(5)  Describe the instruments and methodologies applied to secure quality and relevant data collection instruments.

(6)  Describe the processing steps between data collection and production of statistics and list any processing errors identified and their extent.

(7)  Describe the unit and item non-response rates for the main variables and the imputation methods (if any).

(8)  Describe the type and size of model assumption errors.

---

| 4.10.2021 | EN | Official Journal of the European Union | L 349/31 |
| --- | --- | --- | --- |

4.10.2021

EN

Official Journal of the European Union

L 349/31

---

COMMISSION IMPLEMENTING DECISION (EU) 2021/1753

of 1 October 2021

on the equivalence of the supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (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 (1), and in particular Article 107(4), 114(7), 115(4), 116(5), 142(2) and 391, second paragraph, thereof,

Whereas:

| (1) | Institutions are to fulfil capital requirements in a way that adequately reflects the risks undertaken by those institutions, including credit risk, having regard to the different geographical contexts in which they operate. The credit risk incurred by institutions attached to exposures to entities located outside the Union is determined, all other factors being equal, by the quality of the relevant regulatory framework and supervision applied to those entities in the relevant third country. |
| --- | --- |

(1)

Institutions are to fulfil capital requirements in a way that adequately reflects the risks undertaken by those institutions, including credit risk, having regard to the different geographical contexts in which they operate. The credit risk incurred by institutions attached to exposures to entities located outside the Union is determined, all other factors being equal, by the quality of the relevant regulatory framework and supervision applied to those entities in the relevant third country.

| (2) | Institutions also are to limit their exposures to individual clients to avoid being exposed to excessive concentration risk. When calculating their exposures to individual clients, institutions may be allowed to exclude certain types of exposures to institutions from that calculation. However, when clients are located outside the Union, whether they can be treated as institutions depends also on the quality of the relevant regulatory framework and supervision applied to those entities in the relevant third country. |
| --- | --- |

(2)

Institutions also are to limit their exposures to individual clients to avoid being exposed to excessive concentration risk. When calculating their exposures to individual clients, institutions may be allowed to exclude certain types of exposures to institutions from that calculation. However, when clients are located outside the Union, whether they can be treated as institutions depends also on the quality of the relevant regulatory framework and supervision applied to those entities in the relevant third country.

| (3) | Regulation (EU) No 2019/876 of the European Parliament and of the Council (2), introduced, inter alia, in Article 391 of Regulation (EU) No 575/2013, a provision empowering the Commission to adopt implementing decisions as to whether a third country applies prudential supervisory and regulatory requirements at least equivalent to those applied in the Union, for the purpose of determining the treatment of exposures under Part Four of Regulation (EU) No 575/2013. A list of third countries and territories the prudential supervisory and regulatory requirements of which are considered equivalent to those applied in the Union for the purposes of Article 391 of that Regulation should therefore be established. For the sake of legal certainty and consistency, it is necessary to include all the provisions on the equivalence of the supervisory and regulatory requirements of third countries and territories for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 into a single Decision. It is therefore necessary to repeal and replace Commission Implementing Decision 2014/908/EU (3). |
| --- | --- |

(3)

Regulation (EU) No 2019/876 of the European Parliament and of the Council (2), introduced, inter alia, in Article 391 of Regulation (EU) No 575/2013, a provision empowering the Commission to adopt implementing decisions as to whether a third country applies prudential supervisory and regulatory requirements at least equivalent to those applied in the Union, for the purpose of determining the treatment of exposures under Part Four of Regulation (EU) No 575/2013. A list of third countries and territories the prudential supervisory and regulatory requirements of which are considered equivalent to those applied in the Union for the purposes of Article 391 of that Regulation should therefore be established. For the sake of legal certainty and consistency, it is necessary to include all the provisions on the equivalence of the supervisory and regulatory requirements of third countries and territories for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 into a single Decision. It is therefore necessary to repeal and replace Commission Implementing Decision 2014/908/EU (3).

| (4) | Article 107(3) of Regulation (EU) No 575/2013 allows institutions to treat exposures to third country investment firms, credit institutions and exchanges as exposures to institutions only if the third country applies prudential and supervisory requirements to the entity concerned which are at least equivalent to those applied in the Union. |
| --- | --- |

(4)

Article 107(3) of Regulation (EU) No 575/2013 allows institutions to treat exposures to third country investment firms, credit institutions and exchanges as exposures to institutions only if the third country applies prudential and supervisory requirements to the entity concerned which are at least equivalent to those applied in the Union.

| (5) | Articles 114(7), 115(4) and 116(5) of Regulation (EU) No 575/2013 set specific risk weights applicable to exposures to central governments, central banks, regional governments, local authorities, and public sector entities located in third countries that apply supervisory and regulatory arrangements at least equivalent to those applied in the Union. |
| --- | --- |

(5)

Articles 114(7), 115(4) and 116(5) of Regulation (EU) No 575/2013 set specific risk weights applicable to exposures to central governments, central banks, regional governments, local authorities, and public sector entities located in third countries that apply supervisory and regulatory arrangements at least equivalent to those applied in the Union.

| (6) | Article 153 of Regulation (EU) No 575/2013 lays down the formula for the calculation of the risk weighted exposures amounts for exposures to corporates, institutions, central governments and central banks under the internal-ratings based (IRB) approach and specifies the parameters to be used for that calculation, including the coefficient of correlation. Article 153(2) of Regulation (EU) No 575/2013 sets the coefficient of correlation applicable to large financial sector entities. Pursuant to Article 142(1), point (4)(b), of that Regulation, in order to qualify for the definition of ‘large financial sector entity’, the financial sector entity or one of its subsidiaries is to be subject to the laws of a third country applying prudential supervisory requirements at least equivalent to those applied in the Union. |
| --- | --- |

(6)

Article 153 of Regulation (EU) No 575/2013 lays down the formula for the calculation of the risk weighted exposures amounts for exposures to corporates, institutions, central governments and central banks under the internal-ratings based (IRB) approach and specifies the parameters to be used for that calculation, including the coefficient of correlation. Article 153(2) of Regulation (EU) No 575/2013 sets the coefficient of correlation applicable to large financial sector entities. Pursuant to Article 142(1), point (4)(b), of that Regulation, in order to qualify for the definition of ‘large financial sector entity’, the financial sector entity or one of its subsidiaries is to be subject to the laws of a third country applying prudential supervisory requirements at least equivalent to those applied in the Union.

| (7) | Article 391 of Regulation (EU) No 575/2013 allows institutions established in the Union to treat an exposure to a private or public undertaking of a third country as an exposure to an institution for the purposes of Part Four of that Regulation, provided that the undertaking would be considered an ‘institution’ as defined in Article 4(1), point (3), of that Regulation, if it were established in the Union, and provided that it has been authorised in a third country that applies prudential supervisory and regulatory requirements at least equivalent to those applied in the Union. |
| --- | --- |

(7)

Article 391 of Regulation (EU) No 575/2013 allows institutions established in the Union to treat an exposure to a private or public undertaking of a third country as an exposure to an institution for the purposes of Part Four of that Regulation, provided that the undertaking would be considered an ‘institution’ as defined in Article 4(1), point (3), of that Regulation, if it were established in the Union, and provided that it has been authorised in a third country that applies prudential supervisory and regulatory requirements at least equivalent to those applied in the Union.

| (8) | In order to determine the appropriate risk-weighted exposures for the calculation of capital requirements for the credit risk attached to exposures to certain categories of entities located in third countries, as well as the appropriate treatment of counterparties for the purposes of Part Four of Regulation (EU) No 575/2013, the Commission has assessed the equivalence of the supervisory and regulatory arrangements of third countries to the corresponding supervisory and regulatory arrangements in the Union. |
| --- | --- |

(8)

In order to determine the appropriate risk-weighted exposures for the calculation of capital requirements for the credit risk attached to exposures to certain categories of entities located in third countries, as well as the appropriate treatment of counterparties for the purposes of Part Four of Regulation (EU) No 575/2013, the Commission has assessed the equivalence of the supervisory and regulatory arrangements of third countries to the corresponding supervisory and regulatory arrangements in the Union.

| (9) | The equivalence has been determined by an outcome-based analysis of the third country’s prudential, regulatory and supervisory arrangements which tests their ability to achieve the same general objectives as those of the Union’s prudential, supervisory and regulatory arrangements. Those objectives refer in particular to the stability and integrity of both the domestic and the global financial system in its entirety; the effectiveness and adequacy of protection of depositors and other consumers of financial services; the cooperation between different actors of the financial system, including regulators and supervisors; the independence and the effectiveness of supervision; and the effective implementation and enforcement of relevant internationally agreed standards. In order to achieve the same general objectives as those of the Union’s prudential, supervisory and regulatory arrangements, the prudential, supervisory and regulatory arrangements of the third country should comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s supervisory and regulatory requirements applicable to relevant categories of financial institutions. |
| --- | --- |

(9)

The equivalence has been determined by an outcome-based analysis of the third country’s prudential, regulatory and supervisory arrangements which tests their ability to achieve the same general objectives as those of the Union’s prudential, supervisory and regulatory arrangements. Those objectives refer in particular to the stability and integrity of both the domestic and the global financial system in its entirety; the effectiveness and adequacy of protection of depositors and other consumers of financial services; the cooperation between different actors of the financial system, including regulators and supervisors; the independence and the effectiveness of supervision; and the effective implementation and enforcement of relevant internationally agreed standards. In order to achieve the same general objectives as those of the Union’s prudential, supervisory and regulatory arrangements, the prudential, supervisory and regulatory arrangements of the third country should comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s supervisory and regulatory requirements applicable to relevant categories of financial institutions.

| (10) | For the purposes of Articles 114, 115, and 116 of Regulation (EU) No 575/2013 equivalence should be determined by reference to the supervisory and regulatory arrangements applicable to credit institutions since these arrangements usually set the risk weights for the calculation of capital requirements for credit risk. |
| --- | --- |

(10)

For the purposes of Articles 114, 115, and 116 of Regulation (EU) No 575/2013 equivalence should be determined by reference to the supervisory and regulatory arrangements applicable to credit institutions since these arrangements usually set the risk weights for the calculation of capital requirements for credit risk.

| (11) | For the purposes of Article 142 of Regulation (EU) No 575/2013, equivalence should be confined to the supervisory and regulatory arrangements applicable to third country undertakings with a main business comparable to that of a credit institution or an investment firm, in accordance with the definitions in Article 4(1), point (27), of that Regulation, and taking into account the definition in Article 4(1), point (3) thereof. |
| --- | --- |

(11)

For the purposes of Article 142 of Regulation (EU) No 575/2013, equivalence should be confined to the supervisory and regulatory arrangements applicable to third country undertakings with a main business comparable to that of a credit institution or an investment firm, in accordance with the definitions in Article 4(1), point (27), of that Regulation, and taking into account the definition in Article 4(1), point (3) thereof.

| (12) | For the purposes of Article 391 of Regulation (EU) No 575/2013, equivalence should be confined to the supervisory and regulatory arrangements applicable to third country undertakings with a main business comparable to that of a credit institution or an investment firm in accordance with the definition in Article 4(1), point (3), of that Regulation. |
| --- | --- |

(12)

For the purposes of Article 391 of Regulation (EU) No 575/2013, equivalence should be confined to the supervisory and regulatory arrangements applicable to third country undertakings with a main business comparable to that of a credit institution or an investment firm in accordance with the definition in Article 4(1), point (3), of that Regulation.

| (13) | Taking into account independent assessments by the international organisations, such as those carried out by the Basel Committee on Banking Supervision, the International Monetary Fund and the International Organization of Securities Commissions, the Commission has assessed the supervisory and regulatory arrangements of certain third countries applicable to credit institutions, investment firms, and exchanges. This analysis has enabled the Commission to adopt Implementing Decision 2014/908/EU laying down an initial list of third countries and territories considered to be equivalent in terms of supervisory and regulatory arrangements, for the purposes of determining the treatment of the relevant categories of exposures referred to in Articles 107, 114, 115, 116 and 142 of Regulation (EU) No 575/2013. |
| --- | --- |

(13)

Taking into account independent assessments by the international organisations, such as those carried out by the Basel Committee on Banking Supervision, the International Monetary Fund and the International Organization of Securities Commissions, the Commission has assessed the supervisory and regulatory arrangements of certain third countries applicable to credit institutions, investment firms, and exchanges. This analysis has enabled the Commission to adopt Implementing Decision 2014/908/EU laying down an initial list of third countries and territories considered to be equivalent in terms of supervisory and regulatory arrangements, for the purposes of determining the treatment of the relevant categories of exposures referred to in Articles 107, 114, 115, 116 and 142 of Regulation (EU) No 575/2013.

| (14) | The list of equivalent countries identified in the Implementing Decision 2014/908/EU was not intended to be either exhaustive, or definitive. On the basis of regular monitoring of the evolution of the supervisory and regulatory arrangements of third countries and territories in order to assess their equivalence to those of the Union, that Implementing Decision was subsequently amended by Commission Implementing Decisions (EU) 2016/230 (4), (EU) 2016/2358 (5), (EU) 2019/536 (6) and (EU) 2019/2166 (7). Those Decisions extended the lists of third countries and territories considered equivalent, taking into account available sources of information, including the assessment made by the international organisations, and later by the European Banking Authority (EBA). |
| --- | --- |

(14)

The list of equivalent countries identified in the Implementing Decision 2014/908/EU was not intended to be either exhaustive, or definitive. On the basis of regular monitoring of the evolution of the supervisory and regulatory arrangements of third countries and territories in order to assess their equivalence to those of the Union, that Implementing Decision was subsequently amended by Commission Implementing Decisions (EU) 2016/230 (4), (EU) 2016/2358 (5), (EU) 2019/536 (6) and (EU) 2019/2166 (7). Those Decisions extended the lists of third countries and territories considered equivalent, taking into account available sources of information, including the assessment made by the international organisations, and later by the European Banking Authority (EBA).

| (15) | Since the adoption of Implementing Decision (EU) 2019/2166, the Commission has continued monitoring relevant developments in the prudential, supervisory and regulatory frameworks of third countries, taking into account available sources of information, including assessments made by the EBA. As a result of one such assessment, the EBA recommended that the prudential, supervisory and regulatory frameworks applicable to credit institutions in Bosnia and Herzegovina and North Macedonia should be considered as equivalent to the Union legal framework for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013. |
| --- | --- |

(15)

Since the adoption of Implementing Decision (EU) 2019/2166, the Commission has continued monitoring relevant developments in the prudential, supervisory and regulatory frameworks of third countries, taking into account available sources of information, including assessments made by the EBA. As a result of one such assessment, the EBA recommended that the prudential, supervisory and regulatory frameworks applicable to credit institutions in Bosnia and Herzegovina and North Macedonia should be considered as equivalent to the Union legal framework for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013.

| (16) | The Commission acknowledges that the assessment of the prudential, supervisory and regulatory framework applicable to institutions in Bosnia and Herzegovina and North Macedonia carried out by the EBA covered only credit institutions authorised under respective national law. This Decision should therefore not apply to other entities established in Bosnia and Herzegovina and North Macedonia. |
| --- | --- |

(16)

The Commission acknowledges that the assessment of the prudential, supervisory and regulatory framework applicable to institutions in Bosnia and Herzegovina and North Macedonia carried out by the EBA covered only credit institutions authorised under respective national law. This Decision should therefore not apply to other entities established in Bosnia and Herzegovina and North Macedonia.

| (17) | Taking into account EBA’s recommendation and based on its own assessment, the Commission has concluded that Bosnia and Herzegovina and North Macedonia have in place prudential, supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s prudential, supervisory and regulatory arrangements applicable to credit institutions. Therefore, it is appropriate to consider the prudential, supervisory and regulatory requirements applied to credit institutions located in Bosnia and Herzegovina and North Macedonia as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013. |
| --- | --- |

(17)

Taking into account EBA’s recommendation and based on its own assessment, the Commission has concluded that Bosnia and Herzegovina and North Macedonia have in place prudential, supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s prudential, supervisory and regulatory arrangements applicable to credit institutions. Therefore, it is appropriate to consider the prudential, supervisory and regulatory requirements applied to credit institutions located in Bosnia and Herzegovina and North Macedonia as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013.

| (18) | Bosnia and Herzegovina and North Macedonia should be therefore included in the relevant lists of third countries and territories whose prudential, supervisory and regulatory requirements and arrangements are considered equivalent to the Union’s regime for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013. |
| --- | --- |

(18)

Bosnia and Herzegovina and North Macedonia should be therefore included in the relevant lists of third countries and territories whose prudential, supervisory and regulatory requirements and arrangements are considered equivalent to the Union’s regime for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013.

| (19) | Following the assessments carried out to date, the Commission has concluded that Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada, China, Faroe Islands, Greenland, Guernsey, Hong Kong, India, Isle of Man, Japan, Jersey, Mexico, Monaco, New Zealand, North Macedonia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Turkey and the USA have in place prudential, supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s prudential, supervisory and regulatory arrangements applicable to credit institutions. Therefore, it is appropriate to consider the prudential, supervisory and regulatory requirements applied to credit institutions located in these countries as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013. |
| --- | --- |

(19)

Following the assessments carried out to date, the Commission has concluded that Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada, China, Faroe Islands, Greenland, Guernsey, Hong Kong, India, Isle of Man, Japan, Jersey, Mexico, Monaco, New Zealand, North Macedonia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Turkey and the USA have in place prudential, supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s prudential, supervisory and regulatory arrangements applicable to credit institutions. Therefore, it is appropriate to consider the prudential, supervisory and regulatory requirements applied to credit institutions located in these countries as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013.

| (20) | Following the assessments carried out to date, the Commission has concluded that Australia, Brazil, Canada, China, Hong Kong, Indonesia, Japan (limited to Type I Financial Instruments Business Operators), Mexico, South Korea, Saudi Arabia, Singapore, South Africa and the USA have in place supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s supervisory and regulatory arrangements applicable to investment firms. Therefore, it is appropriate to consider the supervisory and regulatory requirements applying to investment firms located in those third countries as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013. |
| --- | --- |

(20)

Following the assessments carried out to date, the Commission has concluded that Australia, Brazil, Canada, China, Hong Kong, Indonesia, Japan (limited to Type I Financial Instruments Business Operators), Mexico, South Korea, Saudi Arabia, Singapore, South Africa and the USA have in place supervisory and regulatory arrangements which comply with a series of operational, organisational and supervisory standards reflecting the essential elements of the Union’s supervisory and regulatory arrangements applicable to investment firms. Therefore, it is appropriate to consider the supervisory and regulatory requirements applying to investment firms located in those third countries as at least equivalent to those applied in the Union for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 142(2) and Article 391 of Regulation (EU) No 575/2013.

| (21) | Following the assessments carried out to date, the Commission has concluded that Australia, Brazil, Canada, China, India, Indonesia, Japan, Mexico, South Korea, Saudi Arabia, Singapore, South Africa and the USA have in place supervisory and regulatory arrangements which comply with a series of operational standards reflecting the essential elements of the Union’s supervisory and regulatory arrangements applicable to exchanges. Therefore, it is appropriate to consider the supervisory and regulatory requirements of those third countries applied to exchanges as at least equivalent to those applied in the Union for the purposes of Article 107(4) of Regulation (EU) No 575/2013 limited to exposures to exchanges located in those third countries. |
| --- | --- |

(21)

Following the assessments carried out to date, the Commission has concluded that Australia, Brazil, Canada, China, India, Indonesia, Japan, Mexico, South Korea, Saudi Arabia, Singapore, South Africa and the USA have in place supervisory and regulatory arrangements which comply with a series of operational standards reflecting the essential elements of the Union’s supervisory and regulatory arrangements applicable to exchanges. Therefore, it is appropriate to consider the supervisory and regulatory requirements of those third countries applied to exchanges as at least equivalent to those applied in the Union for the purposes of Article 107(4) of Regulation (EU) No 575/2013 limited to exposures to exchanges located in those third countries.

| (22) | The lists of third countries and territories considered to be equivalent for the purposes of the relevant provisions of Regulation (EU) No 575/2013 are not exhaustive. The Commission, with the assistance of the EBA, will continue to monitor on a regular basis the evolution of the supervisory and regulatory arrangements of third countries and territories with a view to updating, as appropriate and at least every five years, the lists of third countries and territories set out in this Decision taking account, in particular, of developments in supervisory and regulatory arrangements, in the Union and at global level, and in light of new available sources of relevant information. |
| --- | --- |

(22)

The lists of third countries and territories considered to be equivalent for the purposes of the relevant provisions of Regulation (EU) No 575/2013 are not exhaustive. The Commission, with the assistance of the EBA, will continue to monitor on a regular basis the evolution of the supervisory and regulatory arrangements of third countries and territories with a view to updating, as appropriate and at least every five years, the lists of third countries and territories set out in this Decision taking account, in particular, of developments in supervisory and regulatory arrangements, in the Union and at global level, and in light of new available sources of relevant information.

| (23) | The regular review of the prudential and supervisory requirements applicable in the third countries and territories listed in Annexes I to VI to this Decision should be without prejudice to the possibility for the Commission to undertake a specific review relating to an individual third country or territory at any time outside the general review, where relevant developments make it necessary for the Commission to re-assess the recognition granted by this Decision. Such re-assessment could lead to the withdrawal of the recognition of equivalence. |
| --- | --- |

(23)

The regular review of the prudential and supervisory requirements applicable in the third countries and territories listed in Annexes I to VI to this Decision should be without prejudice to the possibility for the Commission to undertake a specific review relating to an individual third country or territory at any time outside the general review, where relevant developments make it necessary for the Commission to re-assess the recognition granted by this Decision. Such re-assessment could lead to the withdrawal of the recognition of equivalence.

| (24) | The measures provided for in this Decision are in accordance with the opinion of the European Banking Committee, |
| --- | --- |

(24)

The measures provided for in this Decision are in accordance with the opinion of the European Banking Committee,

HAS ADOPTED THIS DECISION:

Article 1

Equivalence of requirements applied to credit institutions for the purposes of Article 107(4) of Regulation (EU) No 575/2013

For the purposes of Article 107(4) of Regulation (EU) No 575/2013, the third countries and territories listed in Annex I to this Decision shall be considered as applying supervisory and regulatory arrangements to credit institutions equivalent to those applied in the Union.

Article 2

Equivalence of requirements applied to investment firms for the purposes of Article 107(4) of Regulation (EU) No 575/2013

For the purposes of Article 107(4) of Regulation (EU) No 575/2013, the third countries listed in Annex II to this Decision shall be considered as applying supervisory and regulatory arrangements to investment firms equivalent to those applied in the Union.

Article 3

Equivalence of requirements applied to exchanges for the purposes of Article 107(4) of Regulation (EU) No 575/2013

For the purposes of Article 107(4) of Regulation (EU) No 575/2013, the third countries listed in Annex III to this Decision shall be considered as applying supervisory and regulatory arrangements to exchanges equivalent to those applied in the Union.

Article 4

Equivalence of requirements applied to exposures to central governments, central banks, regional governments, local authorities and public sector entities for the purposes of Articles 114, 115 and 116 of Regulation (EU) No 575/2013

For the purposes of Articles 114(7), 115(4) and 116(5) of Regulation (EU) No 575/2013, the third countries and territories listed in Annex IV to this Decision shall be considered as applying supervisory and regulatory arrangements equivalent to those applied to credit institutions in the Union.

Article 5

Equivalence of requirements to credit institutions and investment firms for the purposes Article 142 of Regulation (EU) No 575/2013

For the purposes of Article 142(2) of Regulation (EU) No 575/2013, the third countries and territories listed in Annex V to this Decision shall be considered as applying supervisory and regulatory arrangements equivalent to those applied in the Union.

Article 6

Equivalence of requirements applied to institutions for the purposes of Article 391 of Regulation (EU) No 575/2013

For the purposes of Article 391 of Regulation (EU) No 575/2013, the third countries and territories listed in Annex VI to this Decision shall be considered as applying supervisory and regulatory arrangements equivalent to those applied in the Union.

Article 7

Repeal

Implementing Decision 2014/908/EU is repealed. References to the repealed Decision shall be construed as references to this Decision and read in accordance with the correlation table in the Annex VII.

Article 8

Entry into force

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

Official Journal of the European Union

Done at Brussels, 1 October 2021.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 176, 27.6.2013, p. 1.

1

(2)  Regulation (EU) 2019/876 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EU) No 575/2013 as regards the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures, reporting and disclosure requirements, and Regulation (EU) No 648/2012 (OJ L 150, 7.6.2019, p. 1).

2

(3)  Commission Implementing Decision 2014/908/EU of 12 December 2014 on the equivalence of the supervisory and regulatory requirements of certain third countries and territories for the purposes of the treatment of exposures according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 359, 16.12.2014, p. 155).

3

(4)  Commission Implementing Decision (EU) 2016/230 of 17 February 2016 amending Implementing Decision 2014/908/EU as regards the lists of third countries and territories whose supervisory and regulatory requirements are considered equivalent for the purposes of the treatment of exposures according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 41, 18.2.2016, p. 23).

4

(5)  Commission Implementing Decision (EU) 2016/2358 of 20 December 2016 amending Implementing Decision 2014/908/EU as regards the lists of third countries and territories whose supervisory and regulatory requirements are considered equivalent for the purposes of the treatment of exposures according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 348, 21.12.2016, p. 75).

5

(6)  Commission Implementing Decision (EU) 2019/536 of 29 March 2019 amending Implementing Decision 2014/908/EU as regards the lists of third countries and territories whose supervisory and regulatory requirements are considered equivalent for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 92, 1.4.2019, p. 3).

6

(7)  Commission Implementing Decision (EU) 2019/2166 of 16 December 2019 amending Implementing Decision 2014/908/EU as regards the inclusion of Serbia and South Korea in the lists of third countries and territories whose supervisory and regulatory requirements are considered equivalent for the purposes of the treatment of exposures in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 328, 18.12.2019, p. 84).

7

---

ANNEX I

LIST OF THIRD COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 1 (CREDIT INSTITUTIONS)

| (1) | Argentina |
| --- | --- |

(1)

Argentina

| (2) | Australia |
| --- | --- |

(2)

Australia

| (3) | Bosnia and Herzegovina |
| --- | --- |

(3)

Bosnia and Herzegovina

| (4) | Brazil |
| --- | --- |

(4)

Brazil

| (5) | Canada |
| --- | --- |

(5)

Canada

| (6) | China |
| --- | --- |

(6)

China

| (7) | Faroe Islands |
| --- | --- |

(7)

Faroe Islands

| (8) | Greenland |
| --- | --- |

(8)

Greenland

| (9) | Guernsey |
| --- | --- |

(9)

Guernsey

| (10) | Hong Kong |
| --- | --- |

(10)

Hong Kong

| (11) | India |
| --- | --- |

(11)

India

| (12) | Isle of Man |
| --- | --- |

(12)

Isle of Man

| (13) | Japan |
| --- | --- |

(13)

Japan

| (14) | Jersey |
| --- | --- |

(14)

Jersey

| (15) | Mexico |
| --- | --- |

(15)

Mexico

| (16) | Monaco |
| --- | --- |

(16)

Monaco

| (17) | New Zealand |
| --- | --- |

(17)

New Zealand

| (18) | North Macedonia |
| --- | --- |

(18)

North Macedonia

| (19) | Saudi Arabia |
| --- | --- |

(19)

Saudi Arabia

| (20) | Serbia |
| --- | --- |

(20)

Serbia

| (21) | Singapore |
| --- | --- |

(21)

Singapore

| (22) | South Africa |
| --- | --- |

(22)

South Africa

| (23) | South Korea |
| --- | --- |

(23)

South Korea

| (24) | Switzerland |
| --- | --- |

(24)

Switzerland

| (25) | Turkey |
| --- | --- |

(25)

Turkey

| (26) | USA |
| --- | --- |

(26)

USA

---

ANNEX II

LIST OF THIRD COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 2 (INVESTMENT FIRMS)

| (1) | Australia |
| --- | --- |

(1)

Australia

| (2) | Brazil |
| --- | --- |

(2)

Brazil

| (3) | Canada |
| --- | --- |

(3)

Canada

| (4) | China |
| --- | --- |

(4)

China

| (5) | Hong Kong |
| --- | --- |

(5)

Hong Kong

| (6) | Indonesia |
| --- | --- |

(6)

Indonesia

| (7) | Japan (limited to Type I Financial Instruments Business Operators) |
| --- | --- |

(7)

Japan (limited to Type I Financial Instruments Business Operators)

| (8) | Mexico |
| --- | --- |

(8)

Mexico

| (9) | South Korea |
| --- | --- |

(9)

South Korea

| (10) | Saudi Arabia |
| --- | --- |

(10)

Saudi Arabia

| (11) | Singapore |
| --- | --- |

(11)

Singapore

| (12) | South Africa |
| --- | --- |

(12)

South Africa

| (13) | USA |
| --- | --- |

(13)

USA

---

ANNEX III

LIST OF THIRD COUNTRIES REFERRED TO IN ARTICLE 3 (EXCHNAGES)

| (1) | Australia |
| --- | --- |

(1)

Australia

| (2) | Brazil |
| --- | --- |

(2)

Brazil

| (3) | Canada |
| --- | --- |

(3)

Canada

| (4) | China |
| --- | --- |

(4)

China

| (5) | India |
| --- | --- |

(5)

India

| (6) | Indonesia |
| --- | --- |

(6)

Indonesia

| (7) | Japan |
| --- | --- |

(7)

Japan

| (8) | Mexico |
| --- | --- |

(8)

Mexico

| (9) | South Korea |
| --- | --- |

(9)

South Korea

| (10) | Saudi Arabia |
| --- | --- |

(10)

Saudi Arabia

| (11) | Singapore |
| --- | --- |

(11)

Singapore

| (12) | South Africa |
| --- | --- |

(12)

South Africa

| (13) | USA |
| --- | --- |

(13)

USA

---

ANNEX IV

LIST OF THIRD COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 4 (CREDIT INSTITUTIONS)

| (1) | Argentina |
| --- | --- |

(1)

Argentina

| (2) | Australia |
| --- | --- |

(2)

Australia

| (3) | Bosnia and Herzegovina |
| --- | --- |

(3)

Bosnia and Herzegovina

| (4) | Brazil |
| --- | --- |

(4)

Brazil

| (5) | Canada |
| --- | --- |

(5)

Canada

| (6) | China |
| --- | --- |

(6)

China

| (7) | Faroe Islands |
| --- | --- |

(7)

Faroe Islands

| (8) | Greenland |
| --- | --- |

(8)

Greenland

| (9) | Guernsey |
| --- | --- |

(9)

Guernsey

| (10) | Hong Kong |
| --- | --- |

(10)

Hong Kong

| (11) | India |
| --- | --- |

(11)

India

| (12) | Isle of Man |
| --- | --- |

(12)

Isle of Man

| (13) | Japan |
| --- | --- |

(13)

Japan

| (14) | Jersey |
| --- | --- |

(14)

Jersey

| (15) | Mexico |
| --- | --- |

(15)

Mexico

| (16) | Monaco |
| --- | --- |

(16)

Monaco

| (17) | New Zealand |
| --- | --- |

(17)

New Zealand

| (18) | North Macedonia |
| --- | --- |

(18)

North Macedonia

| (19) | Saudi Arabia |
| --- | --- |

(19)

Saudi Arabia

| (20) | Serbia |
| --- | --- |

(20)

Serbia

| (21) | Singapore |
| --- | --- |

(21)

Singapore

| (22) | South Africa |
| --- | --- |

(22)

South Africa

| (23) | South Korea |
| --- | --- |

(23)

South Korea

| (24) | Switzerland |
| --- | --- |

(24)

Switzerland

| (25) | Turkey |
| --- | --- |

(25)

Turkey

| (26) | USA |
| --- | --- |

(26)

USA

---

ANNEX V

LIST OF THIRD COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 5 (CREDIT INSTITUTIONS AND INVESTMENT FIRMS)

Credit institutions:

| (1) | Argentina |
| --- | --- |

(1)

Argentina

| (2) | Australia |
| --- | --- |

(2)

Australia

| (3) | Bosnia and Herzegovina |
| --- | --- |

(3)

Bosnia and Herzegovina

| (4) | Brazil |
| --- | --- |

(4)

Brazil

| (5) | Canada |
| --- | --- |

(5)

Canada

| (6) | China |
| --- | --- |

(6)

China

| (7) | Faroe Islands |
| --- | --- |

(7)

Faroe Islands

| (8) | Greenland |
| --- | --- |

(8)

Greenland

| (9) | Guernsey |
| --- | --- |

(9)

Guernsey

| (10) | Hong Kong |
| --- | --- |

(10)

Hong Kong

| (11) | India |
| --- | --- |

(11)

India

| (12) | Isle of Man |
| --- | --- |

(12)

Isle of Man

| (13) | Japan |
| --- | --- |

(13)

Japan

| (14) | Jersey |
| --- | --- |

(14)

Jersey

| (15) | Mexico |
| --- | --- |

(15)

Mexico

| (16) | Monaco |
| --- | --- |

(16)

Monaco

| (17) | New Zealand |
| --- | --- |

(17)

New Zealand

| (18) | North Macedonia |
| --- | --- |

(18)

North Macedonia

| (19) | Saudi Arabia |
| --- | --- |

(19)

Saudi Arabia

| (20) | Serbia |
| --- | --- |

(20)

Serbia

| (21) | Singapore |
| --- | --- |

(21)

Singapore

| (22) | South Africa |
| --- | --- |

(22)

South Africa

| (23) | South Korea |
| --- | --- |

(23)

South Korea

| (24) | Switzerland |
| --- | --- |

(24)

Switzerland

| (25) | Turkey |
| --- | --- |

(25)

Turkey

| (26) | USA |
| --- | --- |

(26)

USA

Investment firms equivalent to an ‘institution’ as defined in Article 4(1), point (3), of Regulation (EU) No 575/2013:

| (1) | Australia |
| --- | --- |

(1)

Australia

| (2) | Brazil |
| --- | --- |

(2)

Brazil

| (3) | Canada |
| --- | --- |

(3)

Canada

| (4) | China |
| --- | --- |

(4)

China

| (5) | Hong Kong |
| --- | --- |

(5)

Hong Kong

| (6) | Indonesia |
| --- | --- |

(6)

Indonesia

| (7) | Japan (limited to Type I Financial Instruments Business Operators) |
| --- | --- |

(7)

Japan (limited to Type I Financial Instruments Business Operators)

| (8) | Mexico |
| --- | --- |

(8)

Mexico

| (9) | South Korea |
| --- | --- |

(9)

South Korea

| (10) | Saudi Arabia |
| --- | --- |

(10)

Saudi Arabia

| (11) | Singapore |
| --- | --- |

(11)

Singapore

| (12) | South Africa |
| --- | --- |

(12)

South Africa

| (13) | USA |
| --- | --- |

(13)

USA

---

ANNEX VI

LIST OF THIRD COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 6 (CREDIT INSTITUTIONS AND INVESTMENT FIRMS)

Credit institutions:

| (1) | Argentina |
| --- | --- |

(1)

Argentina

| (2) | Australia |
| --- | --- |

(2)

Australia

| (3) | Bosnia and Herzegovina |
| --- | --- |

(3)

Bosnia and Herzegovina

| (4) | Brazil |
| --- | --- |

(4)

Brazil

| (5) | Canada |
| --- | --- |

(5)

Canada

| (6) | China |
| --- | --- |

(6)

China

| (7) | Faroe Islands |
| --- | --- |

(7)

Faroe Islands

| (8) | Greenland |
| --- | --- |

(8)

Greenland

| (9) | Guernsey |
| --- | --- |

(9)

Guernsey

| (10) | Hong Kong |
| --- | --- |

(10)

Hong Kong

| (11) | India |
| --- | --- |

(11)

India

| (12) | Isle of Man |
| --- | --- |

(12)

Isle of Man

| (13) | Japan |
| --- | --- |

(13)

Japan

| (14) | Jersey |
| --- | --- |

(14)

Jersey

| (15) | Mexico |
| --- | --- |

(15)

Mexico

| (16) | Monaco |
| --- | --- |

(16)

Monaco

| (17) | New Zealand |
| --- | --- |

(17)

New Zealand

| (18) | North Macedonia |
| --- | --- |

(18)

North Macedonia

| (19) | Saudi Arabia |
| --- | --- |

(19)

Saudi Arabia

| (20) | Serbia |
| --- | --- |

(20)

Serbia

| (21) | Singapore |
| --- | --- |

(21)

Singapore

| (22) | South Africa |
| --- | --- |

(22)

South Africa

| (23) | South Korea |
| --- | --- |

(23)

South Korea

| (24) | Switzerland |
| --- | --- |

(24)

Switzerland

| (25) | Turkey |
| --- | --- |

(25)

Turkey

| (26) | USA |
| --- | --- |

(26)

USA

Investment firms equivalent to an ‘institution’ as defined in Article 4(1), point (3), of Regulation (EU) No 575/2013:

| (1) | Australia |
| --- | --- |

(1)

Australia

| (2) | Brazil |
| --- | --- |

(2)

Brazil

| (3) | Canada |
| --- | --- |

(3)

Canada

| (4) | China |
| --- | --- |

(4)

China

| (5) | Hong Kong |
| --- | --- |

(5)

Hong Kong

| (6) | Indonesia |
| --- | --- |

(6)

Indonesia

| (7) | Japan (limited to Type I Financial Instruments Business Operators) |
| --- | --- |

(7)

Japan (limited to Type I Financial Instruments Business Operators)

| (8) | Mexico |
| --- | --- |

(8)

Mexico

| (9) | South Korea |
| --- | --- |

(9)

South Korea

| (10) | Saudi Arabia |
| --- | --- |

(10)

Saudi Arabia

| (11) | Singapore |
| --- | --- |

(11)

Singapore

| (12) | South Africa |
| --- | --- |

(12)

South Africa

| (13) | USA |
| --- | --- |

(13)

USA

---

ANNEX VII

CORRELATION TABLE

| This Decision | Decision 2014/908/EU |
| --- | --- |
| Article 1 | Article 1 |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4 | Article 4 |
| Article 5 | Article 5 |
| Article 6 | - |
| Article 7 | - |
| Article 8 | - |

This Decision

Decision 2014/908/EU

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6

-

Article 7

-

Article 8

-

---