Regulation (EC) No 24/2009 of the European Central Bank of 19 December 2008 concerning statistics on the assets and liabilities of financial vehicle corporations engaged in securitisation transactions (ECB/2008/30)
Date: 2008-12-19
Institutions: European Central Bank
Subjects: EU statistics, European Central Bank, European System of Central Banks, data collection, financial institution, penalty

20.1.2009

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Official Journal of the European Union

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 24/2009 OF THE EUROPEAN CENTRAL BANK

of 19 December 2008

concerning statistics on the assets and liabilities of financial vehicle corporations engaged in
securitisation transactions

(ECB/2008/30)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

sector in the participating Member States, which are viewed
as one economic territory.

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank (hereinafter the ‘ESCB
Statute’), and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 2533/98 of
23 November 1998 concerning the collection of statistical
information by the European Central Bank (1), and in particular
Articles 5(1) and 6(4) thereof,

Whereas:

(1) Regulation (EC) No 2533/98 provides in Article 2(1) that,
for the fulfilment of its statistical reporting requirements,
the European Central Bank (ECB), assisted by the national
central banks (NCBs), has the right to collect statistical
information within the limits of the reference reporting
population and of what is necessary to carry out the tasks
of the European System of Central Banks (ESCB). It follows
from Article 2(2)(a) of Regulation (EC) No 2533/98 that
financial vehicle corporations engaged in securitisation
transactions (FVCs) form part of the reference reporting
population for the purposes of fulfilling the ECB's statistical
reporting requirements, inter alia, in the field of monetary
and financial statistics. Furthermore, Article 3 of Regulation
(EC) No 2533/98 requires the ECB to specify the actual
reporting population within the limits of the reference
to fully or partly
reporting population and entitles it
exempt
from its
specific classes of
statistical reporting requirements.

reporting agents

(2)

The purpose of FVC data is to provide the ECB with
adequate statistics on the financial activities of the FVC sub-

(3) Given the close links between the securitisation activities of
FVCs and monetary financial institutions (MFIs), consistent,
complementary and integrated reporting of MFIs and FVCs
is required. Therefore, the statistical information provided
in accordance with this Regulation needs to be considered
together with the data requirements for MFIs on securitised
loans, as laid down in Regulation (EC) No 25/2009 of
19 December 2008 concerning the balance sheet of the
monetary financial institutions sector (recast) (ECB/2008/
32) (2).

(4)

The integrated reporting approach of FVCs and MFIs and
the derogations provided for in this Regulation aim at
minimising the reporting burden for reporting agents and
avoiding overlaps in the reporting of statistical information
by FVCs and MFIs.

(5) NCBs should be entitled to exempt FVCs from reporting
obligations that would cause unreasonably high costs
compared to their statistical benefit.

the ESCB Statute applies

(6) Although regulations adopted under Article 34.1 of the
ESCB Statute do not confer any rights or impose any
obligations on non-participating Member States, Article 5
of
to all Member States,
irrespective of whether they have adopted the euro. Recit-
al 17 to Regulation (EC) No 2533/98 makes clear that
Article 5 of the ESCB Statute, together with Article 10 of
the Treaty establishing the European Community, implies
an obligation to design and implement at national level all
the measures that the non-participating Member States

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

(2) See page 14 of this Official Journal.

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consider appropriate to collect the statistical information
needed to fulfil the ECB's statistical reporting requirements
and make timely preparations in the field of statistics to
become participating Member States.

(7)

The ECB's sanctions regime laid down in Article 7 of
Regulation (EC) No 2533/98 will apply to FVCs,

purpose of the securitisation and/or the credit risk of an
asset or pool of assets, or part thereof, is transferred to the
investors in the securities, securitisation fund units, other
debt instruments and/or financial derivatives issued by an
entity that is separate from the originator and is created for
or serves the purpose of the securitisation, and:

HAS ADOPTED THIS REGULATION:

(a)

in case of
achieved by:

transfer of credit risk,

the transfer is

Article 1

Definitions

For the purposes of this Regulation:

1.

‘FVC’ means an undertaking which is constituted pursuant
to national or Community law under one of the following:

(i)

contract
management companies;

law as a common fund managed by

— the economic transfer of

the assets being
securitised to an entity separate from the
originator created for or serving the purpose of
the securitisation. This is accomplished by the
transfer of ownership of the securitised assets
from the originator or through sub-participa-
tion, or

— the use of credit derivatives, guarantees or any

similar mechanism;

(ii)

trust law;

and

(iii)

company law as a public or private limited company;

(iv)

any other similar mechanism;

and whose principal activity meets both of the following
criteria:

(a)

(b)

it intends to carry out, or carries out, one or more
securitisation transactions and is insulated from the
the
risk of bankruptcy or any other default of
originator;

it issues, or intends to issue, securities, securitisation
fund units, other debt instruments and/or financial
derivatives and/or legally or economically owns, or
may own, assets underlying the issue of securities,
securitisation fund units, other debt instruments and/
or financial derivatives that are offered for sale to the
public or sold on the basis of private placements.

Neither of the following is included in the definition of FVC:

— MFIs within the meaning of Article 1 of Regulation

(EC) No 25/2009 (ECB/2008/32),

— investment funds (IFs) within the meaning of Article 1
of Regulation (EC) 958/2007 of the European Central
Bank of 27 July 2007 concerning statistics on the
assets and liabilities of investment funds (ECB/2007/
8) (1);

2.

‘securitisation’ means a transaction or scheme whereby an
asset or pool of assets is transferred to an entity that is
separate from the originator and is created for or serves the

(1) OJ L 211, 11.8.2007, p. 8.

(b) where such securities, securitisation fund units, debt
instruments and/or financial derivatives are issued,
they do not
the originator's payment
obligations;

represent

‘originator’ means the transferor of the assets, or a pool of
assets, and/or the credit risk of the asset or pool of assets to
the securitisation structure;

‘participating Member State’ means a Member State that has
adopted the euro;

‘non-participating Member State’ means a Member State
that has not adopted the euro;

‘reporting agent’ means a reporting agent within the
meaning of Article 1 of Regulation (EC) No 2533/98;

‘resident’ means resident within the meaning of Article 1 of
Regulation (EC) No 2533/98. For the purposes of this
Regulation, and if a legal entity lacks a physical dimension,
its residence shall be determined by the economic territory
under whose laws the entity is incorporated. If the entity is
not incorporated, legal domicile shall be used as a criterion,
namely the country whose legal system governs the
creation and continued existence of the entity;

institution within the
‘MFI’ means a monetary financial
meaning of Article 1 of Regulation (EC) No 25/2009 (ECB/
2008/32);

‘relevant NCB’ means the NCB of the participating Member
State in which the FVC is resident.

3.

4.

5.

6.

7.

8.

9.

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10.

including any
‘taking up business’ means any activity,
preparatory measures, related to the securitisation, other
than merely establishing an entity that is not expected to
six
commence the securitisation activity in the next
months. Any activity by the FVC taken after
the
securitisation activity becomes foreseeable means taking
up business.

Article 2

Reporting population

FVCs resident in the territory of a participating Member
1.
State shall
form the reference reporting population. The
reference reporting population shall be subject to the obligation
laid down in Article 3(2).

2. The reference reporting population excluding those FVCs
which have been fully exempted pursuant to Article 5(1)(c) shall
form the actual reporting population. The actual reporting
population shall be subject to the reporting obligations laid
down in Article 4, subject to the derogations laid down in
Article 5. The FVCs that are subject to reporting their annual
financial statement pursuant to Article 5(3) or that are subject to
ad hoc reporting obligations pursuant to Article 5(5) shall also
form part of the actual reporting population.

3.
If an FVC does not have legal personality under its national
law, the persons legally entitled to represent the FVC, or in the
absence of formalised representation, persons that under the
applicable national laws are liable for acts of the FVC, shall be
responsible for reporting the information required under this
Regulation.

Article 3

List of FVCs for statistical purposes

1. The ECB's Executive Board shall establish and maintain, for
statistical purposes, a list of FVCs that
form the reference
reporting population. FVCs shall submit to the NCBs the data
that the NCBs require in accordance with Guideline ECB/2008/
31 of 19 December 2008 amending Guideline ECB/2007/9 on
monetary, financial institutions and markets statistics (recast) (1).
The NCBs and the ECB shall make this list and its updates
available in an appropriate form, including by electronic means,
via the Internet or, at
the reporting agents
the request of
concerned, in paper form.

2. An FVC shall inform the relevant NCB of its existence within
one week from the date on which the FVC has taken up business
irrespective of whether it expects to be subject
to regular
reporting obligations under this Regulation.

3.
If the latest accessible electronic version of the list referred to
in paragraph 1 is incorrect, the ECB shall not impose sanctions

its reporting
on any entity which did not properly fulfil
requirements to the extent that the requirement set out in
paragraph 2 was met and that the entity relied on the incorrect
list in good faith.

Article 4

Quarterly statistical reporting requirements and reporting
rules

1. The actual reporting population shall provide to the relevant
NCB, data on end-of-quarter outstanding amounts,
financial
transactions and write-offs/write-downs on the assets and
liabilities of FVCs on a quarterly basis,
in accordance with
Annexes I and II.

2. NCBs may collect the statistical information on securities
issued and held by FVCs required under paragraph 1 on a
security-by-security basis, to the extent that the data referred to
in paragraph 1 can be derived according to minimum statistical
standards as specified in Annex III.

3. Without prejudice to the reporting rules laid down in
Annex II, all assets and liabilities of FVCs shall be reported under
this Regulation in accordance with the reporting rules laid down
in the relevant national law transposing Council Directive 86/
635/EEC of 8 December 1986 on the annual accounts and
consolidated accounts of banks and other financial
institu-
tions (2). The accounting rules in the relevant national
law
transposing the Fourth Council Directive 78/660/EEC of 25 July
1978 based on Article 54(3)(g) of the Treaty on the annual
accounts of certain types of companies (3) shall apply to FVCs
that do not fall within the scope of the national law transposing
Directive 86/635/EEC. Any other relevant national or inter-
national accounting standards or practices shall apply to FVCs
not
these
directives.

law transposing either of

falling under national

4. Where paragraph 3 requires the reporting of instruments on
a mark-to-market basis, NCBs may exempt FVCs from reporting
these instruments on a mark-to-market basis where the costs
entailed by the FVC would be unreasonably high. In this case the
FVCs shall apply the valuation used for the purpose of the
investor reports.

5. Where according to national market practices available data
refer to any date within a quarter, NCBs may allow the reporting
agents to report these quarterly data instead,
if the data are
comparable and if significant transactions occurring between this
date and the end of the quarter are taken into account.

Instead of write-offs/write-downs referred to in paragraph 1,
6.
an FVC may, in agreement with the relevant NCB, provide other
information which allows the NCB to derive the required data on
write-offs/write-downs.

(1) Not yet published in the Official Journal.

(2) OJ L 372, 31.12.1986, p. 1.
(3) OJ L 222, 14.8.1978, p. 11.

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Article 5

Derogations

1. NCBs may grant derogations to the reporting requirements
set out in Article 4 as follows:

(a)

(b)

(c)

for loans originated by euro area MFIs and broken down by
maturity, sector and residency of debtors, and where the
MFIs continue to service the securitised loans within the
meaning of Regulation (EC) No 25/2009 (ECB/2008/32),
the NCBs may grant FVCs derogations from reporting data
on these loans. Regulation (EC) No 25/2009 (ECB/2008/
32) provides for the reporting of these data;

the NCBs may exempt FVCs from all reporting require-
ments set out in Annex I, apart from the obligation to
report, on a quarterly basis, end-of-quarter outstanding
amount data on total assets, provided that the FVCs that
contribute to the quarterly aggregated assets/liabilities
account for at least 95 % of the total of FVCs' assets in
terms of outstanding amounts,
in each participating
Member State. The NCBs shall check the fulfilment of this
condition in good time in order to grant or withdraw, if
necessary, any derogation with effect from the start of each
calendar year;

to the extent that the data referred to in Article 4 can be
derived, according to minimum statistical standards as
specified in Annex III, from other statistical, public or
supervisory data
to
subparagraphs (a) and (b), the NCBs may, after consulting
the ECB, fully or partially exempt reporting agents from the
to this
set out
reporting requirements
Regulation.

and without prejudice

in Annex I

sources

2. The FVCs may choose, with the relevant NCB's prior
consent, not to use the derogations referred to in paragraph 1
and to fulfil the full reporting requirements specified in Article 4
instead.

3.
FVCs that benefit from a derogation within the meaning of
paragraph 1(c) shall report their annual financial statements to
the relevant NCB, if this is not available from public sources,
within six months following the end of the reference period or at
the earliest point in time thereafter,
in accordance with the
applicable national legal practices in the FVC's Member State of
residence. The relevant NCB shall notify those FVCs which are
subject to this reporting requirement.

in order to meet the
5. Without prejudice to paragraph 3,
requirements set out in this Regulation, NCBs may address ad
hoc reporting requirements to FVCs that have been granted
derogations within the meaning of paragraph 1(c). FVCs shall
report the information requested on an ad hoc basis within 15
working days following a request made by the relevant NCB.

Article 6

Timeliness

NCBs shall submit to the ECB data on aggregated quarterly assets
and liabilities covering the positions of FVCs in each participating
Member State by close of business on the 28th working day
following the end of the quarter to which the data relate. NCBs
shall set deadlines for receiving the data from reporting agents.

Article 7

Minimum standards and national reporting arrangements

1.
FVCs shall comply with the reporting requirements to which
they are subject in accordance with the minimum standards for
transmission, accuracy, compliance with concepts and revisions
specified in Annex III.

2. The NCBs
the reporting
shall define and implement
arrangements to be followed by the actual reporting population
in accordance with national characteristics. The NCBs shall
ensure that these reporting arrangements provide the required
statistical information and allow accurate checking of compli-
ance with concepts and the minimum standards for transmis-
sion, accuracy and revisions specified in Annex III.

Article 8

Verification and compulsory collection

The NCBs shall exercise the right to verify or collect information
which reporting agents are required to provide pursuant to this
Regulation, without prejudice to the ECB's right to exercise these
rights itself. In particular, the NCBs shall exercise this right when
an institution included in the actual reporting population does
not fulfil the minimum standards for transmission, accuracy, and
compliance with the concepts and revisions
specified in
Annex III.

Article 9

First reporting

4. The relevant NCB shall withdraw the derogation laid down
in paragraph 1(c) if data of statistical standards comparable to
those prescribed in this Regulation have not been made available
in time to the relevant NCB for three consecutive reporting
periods,
independent of any fault attributable to the FVC
involved. FVCs shall start reporting data, as set out in Article 4,
not later than three months from the date on which the relevant
NCB has notified the reporting agents that the derogation has
been withdrawn.

1. An FVC that has taken up business prior to and including
24 March 2009 shall inform the relevant NCB of its existence by
the end of March 2009, irrespective of whether it expects to be
subject to regular reporting under this Regulation.

2. An FVC that has taken up business after 24 March 2009
shall inform the relevant NCB of its existence in accordance with
Article 3(2).

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reporting in accordance with the statistical
3. The first
reporting requirements to which the FVC is subject pursuant to
Articles 4 and 5 shall begin with quarterly data from December
2009. When reporting data for the first time, only outstanding
amounts shall be reported.

FVCs that take up business after adoption of the euro by
5.
their Member State following 31 December 2009, when
reporting data for the first time, shall report data on a quarterly
basis as far back as the original securitisation transaction.

4.
FVCs that take up business after 31 December 2009 shall,
when reporting data for the first time, report data on a quarterly
basis as far back as the original securitisation transaction.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 10

Final provision

Done at Frankfurt am Main, 19 December 2008.

For the Governing Council of the ECB

The President of the ECB

Jean-Claude TRICHET

ANNEX I

STATISTICAL REPORTING REQUIREMENTS

Table 1
Outstanding amounts and transactions

Total

MFIs

Non-MFIs — Total

Total

MFIs

Non-MFIs — Total

A.

Domestic

B.

Other participating Member States

General
Govern-
ment
(S.13)

Total

Other residents

Other financial inter-
mediaries + financial
auxiliaries (S.123 +
S.124)

o/w FVCs

Non-finan-
cial cor-
porations
(S.11)

Insurance
corpora-
tions and
pension
funds
(S.125)

House-
holds +
non-profit
institutions
serving
households
(S.14 +
S.15)

General
Govern-
ment
(S.13)

Total

Other residents

Other financial inter-
mediaries + financial
auxiliaries (S.123 +
S.124)

o/w FVCs

Non-finan-
cial cor-
porations
(S.11)

Insurance
corpora-
tions and
pension
funds
(S.125)

House-
holds +
non-profit
institutions
serving
households
(S.14 +
S.15)

C.
Rest of
the world

D.
Total

L

1
5
/
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

U
n
o
n

i

ASSETS

1 Deposits and loan claims

2

Securitised loans

2a euro area MFI as originator

up to 1 year

over 1 year and up to 5 years

over 5 years

2b euro area General Government as originator

2c

euro area OFI (1) and ICPF (2) as originator

2d euro area NFC (3) as originator

2e non-euro area originator

3

Securities other than shares (4)

up to 1 year

over 1 year and up to 2 years

over 2 years

4 Other securitised assets

4a of which euro area General Government as

originator

4b of which euro area NFC as originator

5

6

7

Shares and other equity

Financial derivatives

Fixed assets

8 Remaining assets

LIABILITIES

9

Loans and deposits received

10 Debt securities issued (4)

up to 1 year

over 1 year and up to 2 years

over 2 years

11 Capital and reserves

12 Financial derivatives

13 Remaining liabilities

Insurance corporations and pension funds.

(1) Other financial intermediaries, except insurance corporations and pension funds.
(2)
(3) Non-finacial corporations.
(4)

In accordance with Article 4(2), NCBs may choose to collect these items on a security-by-security basis.

.

.

2
0
1
2
0
0
9

Table 2
Write-offs/write-downs

D.
Total

ASSETS

2

Securitised loans

.

.

2
0
1
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

U
n
o
n

i

L

1
5
/
7

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ANNEX II

DEFINITIONS

PART 1

Definitions of instrument categories

This table provides a detailed standard description of the instrument categories which national central banks (NCBs)
transpose into national categories in accordance with this Regulation. The table does not constitute a list of individual
financial instruments and the descriptions are not exhaustive. The definitions refer to the European system of national and
regional accounts in the Community (hereinafter the ‘ESA95’).

All financial assets and liabilities must be reported on a gross basis, i.e. financial assets must not be reported net of financial
liabilities.

Definitions of instrument categories of the assets and liabilities of financial vehicle corporations engaged in
securitisation transactions

Table A

Category

1.

Deposits
and loan
claims

2.

Securitised
loans

ASSET CATEGORIES

Description of main features

For the purposes of the reporting scheme, this consists of funds lent by financial vehicle corporations
engaged in securitisation transactions (FVCs) to borrowers that are not evidenced by documents or are
represented by a single document even if it has become negotiable.
It includes the following items:
— deposits placed with monetary financial institutions (MFIs)
— loans granted to FVCs
— claims under reverse repos or securities borrowing against cash collateral. Counterpart of cash

paid out in exchange for securities purchased by FVCs, or securities borrowing against cash
collateral (see category 9)

This item also includes holdings of euro and foreign currency banknotes and coins in circulation that
are commonly used to make payments.

For the purposes of the reporting scheme, this consists of funds lent to borrowers and acquired by the
reporting agents from the originator. These funds are not evidenced by documents or are represented
by a single document even if it has become negotiable.
This also includes:
— financial leases granted to third parties: financial leases are contracts whereby the legal owner of
a durable good (hereinafter the ‘lessor’) lends these assets to a third party (hereinafter the
‘lessee’) for most if not all of the economic lifetime of the assets, in exchange for instalments
covering the costs of the good plus an imputed interest charge. The lessee is assumed to receive
all the benefits derivable from the use of the good and to incur the costs and risks associated
with ownership. For statistical purposes, financial leases are treated as loans from the lessor to
the lessee enabling the lessee to purchase the durable good. Financial leases granted by an
originator, acting as the lessor, are to be recorded under the asset item ‘securitised loans’. The
assets (durable goods) which have been lent to the lessee must not be recorded

— bad debt loans that have not yet been repaid or written off: bad debt loans are considered to be
loans in respect of which repayment is overdue or otherwise identified as being impaired
— holdings of non-negotiable securities: holdings of securities other than shares and other equity
which are not negotiable and cannot be traded on secondary markets, see also ‘traded loans’
— traded loans: loans that have de facto become negotiable are to be classified under the asset item
‘securitised loans’ provided that they continue to be evidenced by a single document and are, as
a general rule, only traded occasionally

— subordinated debt in the form of deposits or loans: subordinated debt instruments provide a

subsidiary claim on the issuing institution that can only be exercised after all claims with a
higher status e.g. deposits/loans have been satisfied, giving them some of the characteristics of
‘shares and other equity’. For statistical purposes, subordinated debt is to be treated according to
the nature of the financial instrument, i.e. classified as either ‘securitised loans’ or ‘securities
other than shares’ according to the nature of the instrument. Where FVC holdings of all forms
of subordinated debt are currently identified as a single figure for statistical purposes, this figure
is to be classified under the item ‘securities other than shares’, on the grounds that subordinated
debt is predominantly constituted in the form of securities, rather than as loans

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Category

Description of main features

3.

Securities
other than
shares

Securitised loans must be reported according to the following rules:
— a maturity breakdown is required for loans to non-financial corporations originated by euro
area MFIs. It means maturity at the time the loan was granted, i.e. original maturity and refers to
the fixed period in which the loan is due to be repaid

— loans must be reported at nominal value, even if purchased from the originator at a different
price. The counterpart to the difference between the nominal value and the purchase price must
be included under ‘remaining liabilities’

This item includes securitised loans, irrespective of whether the prevailing accounting practice
requires the recognition of the loans on the reporting agent's balance sheet.

Holdings of securities other than ‘shares and other equity’, which are negotiable and usually traded on
secondary markets or can be offset on the market, and which do not grant the holder any ownership
rights over the issuing institution
This item includes:
— holdings of securities, whether or not evidenced by documents, which give the holder the
unconditional right to a fixed or contractually determined income in the form of coupon
payments and/or a stated fixed sum at a specific date or dates or starting from a date defined at
the time of issue

— subordinated debt in the form of debt securities
Securities lent out under securities lending operations or sold under a repurchase agreement remain
on the original owner's balance sheet and are not to be recorded on the temporary acquirer's balance
sheet where there is a firm commitment to reverse the operation and not simply an option to do so
(see also category 9). Where the temporary acquirer sells the securities received, this sale must be
recorded as an outright transaction in securities and entered in the temporary acquirer's balance sheet
as a negative position in the securities portfolio
A maturity breakdown is required for holdings of securities other than shares. This means maturity at
issue, i.e. original maturity and refers to the fixed period of life of a financial instrument before which
it may not be redeemed
This item includes securities other than shares that have been securitised, irrespective of whether the
prevailing accounting practice requires the recognition of the securities on the reporting agent's
balance sheet

4.

Other
securitised
assets

This item includes securitised assets other than those included under categories 2 and 3, such as tax
receivables or commercial credits, irrespective of whether the prevailing accounting practice requires
the recognition of the assets on the balance sheet of the reporting agent

5.

Shares and
other equity

Holdings of securities which represent property rights in corporations or quasi-corporations. These
securities generally entitle the holders to a share in the profits of corporations or quasi-corporations
and to a share in their own funds in the event of liquidation

6.

Financial
derivatives

Under this item, all the following financial derivatives must be reported:
— options
— warrants
— futures
— swaps, in particular credit default swaps
Gross future commitments arising from derivative contracts must not be entered as on-balance-sheet
items
This item does not include financial derivatives that are not subject to on-balance-sheet recording
according to national rules

7.

Fixed assets

This item includes investments in tangible fixed assets e.g. dwellings, other buildings and structures,
and non-residential buildings

8.

Remaining
assets

This is the residual item on the asset side of the balance sheet, defined as ‘assets not included
elsewhere’. This item may include:
— accrued interest receivable on deposits and loans
— accrued interest on securities other than shares
— accrued rent on fixed assets
— amounts receivable which do not relate to the FVC's main business

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Category

Description of main features

LIABILITY CATEGORIES

9.

Loans and
deposits
received

Amounts owed to creditors by FVCs, other than those arising from the issue of negotiable securities.
This item consists of:
— loans: loans granted to the reporting FVCs which are not evidenced by documents or are

represented by a single document even if it has become negotiable

— non-negotiable debt instruments issued by FVCs: instruments may be referred to as being ‘non-

negotiable’ in the sense that the transfer of legal ownership of the instrument is restricted,
meaning that they cannot be marketed or, although technically negotiable, cannot be traded
owing to the absence of an organised market. Non-negotiable instruments issued by reporting
agents that subsequently become negotiable and that can be traded on secondary markets
should be reclassified as ‘debt securities’

— repos: counterpart of cash received in exchange for securities sold by reporting agents at a given
price under a firm commitment to repurchase the same (or similar) securities at a fixed price on
a specified future date. Amounts received by reporting agents in exchange for securities
transferred to a third party (temporary acquirer) are to be classified here where there is a firm
commitment to reverse the operation and not merely an option to do so. This implies that
reporting agents retain all risks and rewards of the underlying securities during the operation
The following variants of repo-type operations are all classified here:
— amounts received in exchange for securities temporarily transferred to a third party in the

form of securities lending against cash collateral

— amounts received in exchange for securities temporarily transferred to a third party in the

form of a sale/buy-back agreement

The securities underlying repo-type operations are recorded following the rules in asset item 3
‘Securities other than shares’
Operations involving the temporary transfer of gold against cash collateral are also included under
this item

10. Debt securi-

ties issued

Securities issued by FVCs, other than ‘shares and other equity’, which are instruments usually
negotiable and traded on secondary markets or which can be offset on the market and which do not
grant the holder any ownership rights over the issuing institution. It includes, inter alia, securities
issued in the form of:
— asset-backed securities
— credit-linked notes

11. Capital and
reserves

For the purposes of the reporting scheme, this category comprises the amounts arising from the issue
of equity capital by reporting agents to shareholders or other proprietors, representing for the holder
property rights in the FVC and generally an entitlement to a share in its profits and to a share in its
own funds in the event of liquidation. Funds arising from non-distributed benefits or funds set aside
by reporting agents in anticipation of likely future payments and obligations are also included. It
includes:
— equity capital
— non-distributed benefits or funds
— specific and general provisions against loans, securities and other types of
— assets securitisation fund units

12.

Financial
derivatives

See category 6

13. Remaining

liabilities

This is the residual item on the liabilities side of the balance sheet, defined as ‘liabilities not included
elsewhere’
This item may include:
— accrued interest payable on loans and deposits
— amounts payable not related to the FVC's main business, i.e. amounts due to suppliers, tax,

wages, social contributions, etc.

— provisions representing liabilities against third parties, i.e. pensions, dividends, etc.
— net positions arising from securities lending without cash collateral
— net amounts payable in respect of future settlements of transactions in securities
— counterparts to the valuation adjustment, i.e. nominal less purchase price, of loans

20.1.2009

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PART 2

Definitions of sectors

The ESA95 provides the standard for sector classification. Counterparties located in the territory of the participating
Member States are identified according to their sector in accordance with the list of FVCs, investment funds (IFs) and MFIs
for statistical purposes and the guidance for the statistical classification of counterparties provided in the Monetary, financial
institutions and markets statistics sector manual. Guidance for the statistical classification of customers by the European Central Bank.

Sector

1.

MFIs

Table B

Definitions of sectors

Definition

Resident national central banks, resident credit institutions as defined in Community law, and other
resident financial institutions whose business is to receive deposits and/or close substitutes for
deposits from entities other than MFIs, and, for their own account, at least in economic terms, to
grant credits and/or make investments in securities (Regulation (EC) No 25/2009 of the European
Central Bank of 19 December 2008 concerning the balance sheet of the monetary financial
institutions sector (recast) (ECB/2008/32))

2.

3.

4.

5.

6.

General
government

Resident units which are principally engaged in the production of non-market goods and services,
intended for individual and collective consumption and/or in the redistribution of national income
and wealth (the ESA95, paragraphs 2.68 to 2.70)

Other finan-
cial interme-
diaries and
financial
auxiliaries

Financial corporations and quasi-corporations, except insurance corporations and pension funds,
principally engaged in financial intermediation by incurring liabilities in forms other than currency,
deposits and/or close substitutes for deposits from institutional units other than MFIs, or insurance
technical reserves (the ESA95, paragraphs 2.53 to 2.56). IFs as defined in Regulation (EC) No 958/
2007 of the European Central Bank of 27 July 2007 concerning statistics on the assets and liabilities
of investment funds (ECB/2007/8) and FVCs as defined in this Regulation are included in this sector.
Also included are financial auxiliaries consisting of all financial corporations and quasi-corporations
that are principally engaged in auxiliary financial activities (the ESA95, paragraphs 2.57 to 2.59)

Insurance
corporations
and pension
funds

Non-finan-
cial cor-
porations

Financial corporations and quasi-corporations principally engaged in financial intermediation as the
consequence of the pooling of risks (the ESA95, paragraphs 2.60 to 2.67)

Corporations and quasi-corporations not engaged in financial intermediation but principally in the
production of market goods and non-financial services (the ESA95, paragraphs 2.21 to 2.31)

Households
and non-
profit insti-
tutions ser-
ving house-
holds

Individuals or groups of individuals as consumers, and producers of goods and non-financial services
exclusively for their own final consumption, and as producers of market goods and non-financial and
financial services provided that their activities are not those of quasi-corporations. Included are non-
profit institutions which serve households and which are principally engaged in the production of
non-market goods and services intended for particular groups of households (the ESA95, paragraphs
2.75 to 2.88)

PART 3

Definition of financial transactions

Financial transactions, in accordance with ESA95, are defined as the net acquisition of financial assets or the net incurrence
of liabilities for each type of financial instrument, i.e. the sum of all financial transactions that occur during the relevant
reporting period. The method of valuation for each transaction is to take the value at which assets are acquired/disposed of
in principle comply with this
liquidated or exchanged. Financial
and/or liabilities are created,
methodology. Write-offs/write-downs and valuation changes do not represent financial transactions.

transactions must

L 15/12

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Official Journal of the European Union

20.1.2009

PART 4

Definition of write-offs/write-downs

Write-offs/write-downs are defined as the impact of changes in the value of loans recorded on the balance sheet that are
caused by the application of write-offs/write-downs of loans. Write-offs/write-downs recognised at the time a loan is sold or
transferred to a third party are also included, where identifiable. Write-offs refer to events where the loan is considered to be
a worthless asset and is removed from the balance sheet. Write-downs refer to events where it is deemed that the loan will
not be fully recovered, and the value of the loan is reduced in the balance sheet.

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MINIMUM STANDARDS TO BE APPLIED BY THE ACTUAL REPORTING POPULATION

ANNEX III

Reporting agents must fulfil the following minimum standards to meet the statistical reporting requirements of the
European Central Bank (ECB).

1.

Minimum standards for transmission:

(a)

reporting to the national central banks (NCBs) must be timely and within the deadlines set by the relevant NCB;

(b)

statistical reports must take their form and format from the technical reporting requirements set by the NCBs;

(c)

the contact persons within the reporting agent must be identified;

(d)

the technical specifications for data transmission to NCBs must be followed.

2.

Minimum standards for accuracy:

(a)

all linear constraints must be fulfilled where applicable e.g. assets and liabilities must balance, subtotals must add
up to totals;

(b)

reporting agents must be able to provide information on the developments implied by the data supplied;

(c)

the statistical information must be complete;

(d)

reporting agents must follow the dimensions and decimals set by the NCBs for the technical transmission of the
data;

(e)

reporting agents must follow the rounding policy set by the NCBs for the technical transmission of the data.

3.

Minimum standards for compliance with concepts:

(a)

the statistical information must comply with the definitions and classifications contained in the Regulation;

(b)

in the event of deviations from these definitions and classifications, where applicable reporting agents must
monitor on a regular basis and quantify the difference between the measure used and the measure contained in
this Regulation;

(c)

reporting agents must be able to explain breaks in the data supplied compared with the previous periods'
figures.

4.

Minimum standards for revisions:

the revisions policy and procedures set by the ECB and the NCBs must be followed. Revisions deviating from regular
revisions must be accompanied by explanatory notes.