Technical standards
Amendment details· last amended 9 Dec 2011
Last amended 9 Dec 2011 by Directive 2011/89/EU of 16 November 2011.
In order to ensure consistent harmonisation of this Directive, the ESA, in accordance with Article 56 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab), and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively may develop draft regulatory technical standards with regard to:
Article 2(11) in order to specify the application of Article 17 (opens EUR-Lex in a new tab) of Council Directive 78/660/EEC (opens EUR-Lex in a new tab) in the context of this Directive;
Article 2(17) in order to establish procedures or specify criteria for the determination of ‘relevant competent authorities’;
Article 3(5) in order to specify the alternative parameters for the identification of a financial conglomerate;
Article 6(2) in order to ensure a uniform format (with instructions) for, and determine the frequency of and, where appropriate, the dates for reporting.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab), and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively.
In order to ensure consistent application of Articles 2, 7 and 8 and Annex II, the ESA shall, through the Joint Committee, develop draft regulatory technical standards to establish a more precise formulation of the definitions set out in Article 2 and to coordinate the provisions adopted pursuant to Articles 7 and 8 and Annex II.
The Joint Committee shall submit those draft regulatory technical standards to the Commission by 1 January 2015.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab) and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively.
In order to ensure uniform conditions of application of this Directive, the ESA, in accordance with Articles 56 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab), and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively may develop draft implementing technical standards with regard to:
Article 6(2) in order to ensure uniform conditions of application of the calculation methods listed in Annex I part II, but without prejudice to Article 6(4);
Article 7(2) in order to ensure uniform conditions of application of the procedures for including the items within the scope of the definition of ‘risk concentrations’ in the supervisory overview referred to in the second subparagraph of Article 7(2);
Article 8(2) in order to ensure uniform conditions of application of the procedures for including the items within the scope of the definition of ‘intra group transactions’ in the supervisory overview referred to in the third subparagraph of Article 8(2).
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab), and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively.
Within two years of the adoption of any implementing technical standards in accordance with paragraph 2(a), Member States shall require a uniform format for and shall determine the frequency of, and the dates for, reporting of the calculations referred to in this Article.