[F1 ANNEX XVII U.K. REPORTING ON ASSET ENCUMBRANCE

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2015/1278 of 9 July 2015 amending Implementing Regulation (EU) No 680/2014 laying down implementing technical standards with regard to supervisory reporting of institutions as regards instructions, templates and definitions (Text with EEA relevance).

GENERAL INSTRUCTIONS U.K.

1. STRUCTURE AND CONVENTIONS U.K.

1.1. Structure U.K.

1. The framework consists of five sets of templates which comprise a total of nine templates according to the following scheme: U.K.

(a)

Part A: Encumbrance overview:

• AE-ASS template. Assets of the reporting institution

• AE-COL template. Collateral received by the reporting institution

• AE-NPL. Own covered bonds and asset-backed securities (hereinafter ‘ ABS ’ ) issued and not yet pledged

• AE-SOU. Sources of encumbrance

(b)

Part B: Maturity data:

• AE-MAT template. Maturity data

(c)

Part C: Contingent encumbrance

• AE-CONT template. Contingent encumbrance

(d)

Part D: Covered bonds

• AE-CB template. Covered bonds issuance

(e)

Part E: Advanced data:

• AE-ADV-1 template. Advanced template for assets of the reporting institution

• AE-ADV-2 template. Advanced template for collateral received by the reporting institution

2. For each template legal references are provided as well as further detailed information regarding more general aspects of the reporting. U.K.

1.2. Accounting standard U.K.

3. Institutions shall report carrying amounts under the accounting framework they use for the reporting of financial information in accordance with Articles 9 to 11. Institutions that are not required to report financial information shall use their respective accounting framework. U.K.

4. For the purposes of this Annex, ‘ IAS ’ and ‘ IFRS ’ refer to the international accounting standards as defined in Article 2 of Regulation (EC) No 1606/2002. For institutions which report under IFRS standards, references have been inserted to the relevant IFRS standards. U.K.

1.3. Numbering convention U.K.

5. The following general notation is used in these instructions to refer to the columns, rows and cells of a template: {Template; Row; Column}. An asterisk sign is used to indicate that the validation is applied to the whole row or column. For example {AE-ASS; *; 2} refers to the data point of any row for column 2 of the AE-ASS template. U.K.

6. In the case of validations within a template the following notation is used to refer to data points from that template: {Row; Column}. U.K.

1.4. Sign convention U.K.

7. Templates in Annex XVI shall follow the sign convention described in paragraphs 9 and 10 of Part I of Annex V. U.K.

1.5. Level of application U.K.

8. The level of application of the reporting on asset encumbrance follows that of the reporting requirements on own funds under the first subparagraph of Article 99(1) of Regulation (EU) No 575/2013 (CRR). Consequently, institutions that are not subject to prudential requirements in accordance with Article 7 of CRR are not required to report information on asset encumbrance. U.K.

1.6. Proportionality U.K.

9. For the purpose of Article 16a(2)(b), the asset encumbrance level shall be calculated as follows: U.K.

• Carrying amount of encumbered assets and collateral = {AE-ASS;010;010} + {AE-COL;130;010}.

• Total assets and collateral = {AE-ASS;010;010} + {AE-ASS;010;060} + {AE-COL;130;010} + {AE-COL;130;040}.

• Asset encumbrance ratio = (Carrying amount of encumbered assets and collateral)/(Total assets and collateral)

10. For the purpose of Article 16a(2)(a), the sum of total assets shall be calculated as follows: U.K.

• Total assets = {AE-ASS;010;010} + {AE-ASS;010;060}

1.7. Definition of encumbrance U.K.

11. For the purpose of this Annex and Annex XVI, an asset shall be treated as encumbered if it has been pledged or if it is subject to any form of arrangement to secure, collateralise or credit enhance any transaction from which it cannot be freely withdrawn. U.K.

It is important to note, that assets pledged that are subject to any restrictions in withdrawal, such as for instance assets that require prior approval before withdrawal or replacement by other assets, should be considered encumbered. The definition is not based on an explicit legal definition, such as title transfer, but rather on economic principles, as the legal frameworks may differ in this respect across countries. The definition is however closely linked to contractual conditions. The EBA sees the following types of contracts being well covered by the definition (this is a non-exhaustive list):

• secured financing transactions, including repurchase contracts and agreements, securities lending and other forms of secured lending;

• various collateral agreements, for instance collateral placed for the market value of derivatives transactions;

• financial guarantees that are collateralised. It should be noted, that if there is no impediment to withdrawal of collateral, such as prior approval, for the unused part of guarantee, then only the used amount should be allocated (on a pro-rata allocation);

• collateral placed at clearing systems, CCPs and other infrastructure institutions as a condition for access to service. This includes default funds and initial margins;

• central bank facilities. Pre-positioned assets should not be considered encumbered, unless the central bank does not allow withdrawal of any assets placed without prior approval. As for unused financial guarantees, the unused part, i.e. above the minimum amount required by the central bank, should be allocated on a pro-rata basis among the assets placed at the central bank;

• underlying assets from securitisation structures, where the financial assets have not been de-recognised from the institution's financial assets. The assets that are underlying retained securities do not count as encumbered, unless these securities are pledged or provided as collateral in any way to secure a transaction;

• assets in cover pools used for covered bond issuance. The assets that are underlying covered bonds count as encumbered, except in certain situations where the institution holds the corresponding covered bonds ( ‘ own-issued bonds ’ );

• as a general principle, assets which are being placed at facilities that are not used and can be freely withdrawn should not be considered encumbered.]