AI Summary of Article 45l Reports
EBA must submit an annual report to the Commission, in cooperation with competent and resolution authorities, assessing: national implementation of the own funds and eligible liabilities requirement under Articles 45e or 45f and any divergences across Member States; exercise of the power in Article 45b(4), (5) and (7) by resolution authorities and any divergences; and the aggregate level and composition of own funds and eligible liabilities, instruments issued and additional amounts necessary. Annual reports are due by 30 September following the year covered; the first is due by 30 September after the Directive’s application.
Every three years EBA must report on the impact of the minimum requirement and any proposed harmonised levels on: financial markets (including unsecured debt and derivatives); institutions’ business models, balance sheets and funding; profitability and cost of funding; migration of exposures outside prudential supervision; financial innovation; prevalence, nature and marketability of own funds and subordinated instruments; risk‑taking; asset encumbrance; actions to comply (asset deleveraging, long‑term debt issuance, capital raising); and lending, notably to SMEs, local and regional authorities, public sector entities and trade finance including export credit insurance. The triennial report must also assess interaction with own funds, leverage ratio and liquidity requirements in Regulation (EU) No 575/2013 and Directive 2013/36/EU, and institutions’ capacity to raise capital or funding; it shall cover three calendar years and be submitted by 31 December following the last year covered, and the triennial obligation ceases after the second report.
Article 45l Reports
1. EBA shall, in cooperation with the competent authorities and resolution authorities, submit annually a report to the Commission providing assessments on at least the following:
(a) how the requirement for own funds and eligible liabilities set in accordance with Article 45e or Article 45f has been implemented at national level, and in particular whether there have been divergences in the levels set for comparable entities across Member States;
(b) how the power referred to in Article 45b(4), (5) and (7) has been exercised by resolution authorities and whether there have been divergences in the exercise of that power across Member States;
(c) the aggregate level and composition of own funds and eligible liabilities of institutions and entities, the amounts of instruments issued in the period, and the additional amounts necessary to meet applicable requirements.
2. In addition to the annual report provided for in paragraph 1, EBA shall, every three years, submit a report to the Commission, assessing the following:
(a) the impact of the minimum requirement for own funds and eligible liabilities, and any proposed harmonised levels of that minimum requirement on the following: