EN Official Journal of the European Union C 394/4

DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD

of 21 July 2015

on the provision and collection of information for the macroprudential oversight of the financial system within the Union and repealing Decision ESRB/2011/6

(ESRB/2015/2)

(2015/C 394/03)

THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,

Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Articles 3(2), 4(2) and 8(2) and Article 15 thereof,

Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (2), and in particular Article 2(b), Article 5 and Article 6(4) thereof,

Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (3), and in particular Article 28(1) thereof,

Whereas:

(1) Article 3(2) of Regulation (EU) No 1092/2010 provides that the European Systemic Risk Board (ESRB) has to determine and/or collect and analyse all relevant and necessary information for the macroprudential oversight of the financial system within the Union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the Union arising from developments within the financial system, taking into account macroeconomic developments, so as to avoid periods of widespread financial distress.

(2) Article 15(2) of Regulation (EU) No 1092/2010 provides that the European Supervisory Authorities (ESAs), the European System of Central Banks (ESCB), the European Commission, the national supervisory authorities and national statistics authorities have to cooperate closely with the ESRB and provide it with all the information necessary for the fulfilment of its tasks in accordance with Union legislation.

(3) Pursuant to Article 15(3) of Regulation (EU) No 1092/2010, the ESRB may request information from the ESAs, as a rule in summary or aggregate form such that individual financial institutions cannot be identified.

(4) Recital 10 of Regulation (EU) No 1096/2010 states that ‘The ECB should be entrusted with the task of providing statistical support to the ESRB’, in accordance with recital 9 thereof.

(5) This Decision does not interfere with the ECB’s entitlement to use for its own purposes the information that it collects under Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (4).

(6) The ESRB, ECB and ESAs have agreed to update the existing framework of regular provision of aggregated information in order to serve the ESRB’s needs,

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision sets out the aggregated information required by the ESRB for the performance of its tasks and lays down the detailed rules for provision and collection of that information.

Article 2

Regular provision of aggregated information

1. Regular provision of the aggregated information required by the ESRB for the performance of its tasks shall take place as specified in Annexes I and II.

2. The aggregated information set out in Annex I shall be provided by the ECB.

3. The aggregated information set out in Annex II shall be provided by the respective ESAs.

4. The ESRB Secretariat shall:

(a) lay down, where necessary, the technical specifications concerning the information referred to in paragraph 1, after having consulted the ECB and/or ESAs as appropriate; and

(b) collect the information referred to in paragraph 1 and cooperate with the ECB and the ESAs accordingly.

Article 3

Ad hoc provision of aggregated information

The procedures that the ESRB Secretariat shall apply to carry out requests for aggregated information on an ad hoc basis are set out in Annex III.

Article 4

Final and transitional provisions

1. Decision ESRB/2011/6 (5) is repealed with effect from the entry into force of this Decision.

2. Annex II to this Decision shall apply from the date of the entry into force of this Decision, or from the date on which the indicators referred to in that Annex are first produced, or from the date on which the relevant technical specifications on data provision referred to in that Annex are laid down, whichever is the later.

Article 5

Entry into force

This Decision shall enter into force on 21 July 2015.

Done at Frankfurt am Main, 21 July 2015. The Chair of the ESRB Mario DRAGHI

(1) OJ L 331, 15.12.2010, p. 1.

(2) OJ L 331, 15.12.2010, p. 162.

(3) OJ C 58, 24.2.2011, p. 4.

(4) OJ L 318, 27.11.1998, p. 8.

(5) Decision ESRB/2011/6 of the European Systemic Risk Board of 21 September 2011 on the provision and collection of information for the macro-prudential oversight of the financial system within the Union (OJ C 302, 13.10.2011, p. 3).

ANNEX I Regular provision of aggregated information by the European Central Bank 1. On a regular basis, and in accordance with the Memorandum of Understanding on the sharing of non-confidential statistical information agreed between the ECB and the ESRB on 25 September 2013 (hereinafter ‘the MoU’), and subsequent modifications thereto, the ECB provides to the ESRB Shared Data, as defined therein (hereinafter ‘Shared Data’). 2. Shared Data are made available to the Secretariat of the ESRB in accordance with the conditions for access to and use of Shared Data as set out in the MoU. The ECB may, at its own initiative or at the request of the ESRB, change the content of the Shared Data, in particular to take account of changes: (a) to the dataset composition or to the operation of the ECB Statistical Data Warehouse, (b) as regards the consent received by the ECB from the data originator to share non-published data, or (c) concerning the scope and mode of performance of the ESRB’s statutory tasks or its related data needs. 3. The ECB makes available to the ESRB also aggregated data not included in the scope of the Shared Data, provided that they do not include confidential statistical information as defined in Article 1(12) of Council Regulation (EC) No 2533/98 (1), and that individual financial institutions cannot be identified, unless the data in question have already been made public. The ESRB Secretariat, after having consulted the ECB, shall lay down technical specifications concerning access to these data when they are flagged as non-published. (1) Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (OJ L 318, 27.11.1998, p. 8).

ANNEX II Regular provision of aggregated information by the European Supervisory Authorities General rule The European Supervisory Authorities (ESAs) provide to the ESRB on regular basis aggregated information specified in this Annex. The provided information comprises data on at least three reporting agents, none of which represents 85 % or more of the relevant market, whether it consists of one or more Member States or the Union as a whole. However, if dispersion measures are provided in addition to the aggregated information, the aggregated information comprises data on at least five reporting agents when referring to publicly available data, and data on at least six reporting agents when there is a need to protect confidential firm-level data. European Banking Authority (EBA) The EBA reports the Risk Indicators (RIs) and Detailed Risk Analysis Tools (DRATs), as defined by internal EBA documents. The RIs and DRATs are reported for each Member State, provided that the conditions set out in the General Rule are met, and for the Union as a whole, netting out double counting of reporting agents. Other aggregations may be agreed on in particular cases. Data are submitted 2 working days after the remittance dates set out in Article 4 of EBA Decision EBA/DC/090 of 14 May 2014. European Insurance and Occupational Pensions Authority (EIOPA) 1. The EIOPA reports a set of indicators derived from data available to EIOPA from the Solvency II regular supervisory reporting submitted to National Supervisory Authorities, as defined by EIOPA for this purpose. The indicators should be reported for each Member State, provided that the conditions set out in the General Rule are met, and for the Union as a whole, netting out double counting of reporting agents. Other aggregations may be defined in particular cases. Remittance dates will be agreed bilaterally after the Solvency II legal framework becomes applicable. 2. The ESRB Secretariat, in mutual agreement with EIOPA, may lay down technical specifications on the regular reporting of further aggregated data, to be based on data already available to EIOPA from Solvency II regular supervisory reporting submitted to National Supervisory Authorities. European Securities Markets Authority (ESMA) The ESRB Secretariat, in mutual agreement with the ESMA, shall lay down technical specifications on data to be transmitted to the ESRB on the basis of the applicable sectoral legislation. The technical specifications will also define the frequency and timeliness of reporting.