Communication on the NCMO intention to comply with the provisions of the EBA Guidelines EBA/GL/2023/10 amending Guidelines EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators

The General Board of the NCMO approved the NCMO Decision No. D/2/2024 regarding the intention of the NCMO to comply with the provisions of the European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators. Thus, the General Board approved the intention of the NCMO to comply with the European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators, by incorporating them into the NCMO practices from the date when there will be a relevant institution (G-SII institution) within its jurisdiction, in applying the provisions of Articles 15 – 20 of the NCMO Regulation no. 2/2017 on the methodology and procedures used for setting capital buffers and the scope of these instruments, with subsequent amendments and additions.

The European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators was issued pursuant to Article 16 of the REGULATION (EU) No 1093/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority). The EBA/GL/2023/10 modifies the provisions of point 9, point 10, point 10a, point 11, point 12, point 14 and the Annex on indicators of systemic importance from the Guideline EBA/GL/2020/14.

The Guideline EBA/GL/2020/14 relate to: (i) the specification of the indicators used for the identification of global systemically important institutions (G‐SIIs) as set out in COMMISSION DELEGATED REGULATION (EU) No 1222/2014 of 8 October 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions and (ii) the reporting of the underlying data (indicators, ancillary data and memorandum
items) and the annual disclosure of the resulting indicator values used for the identification of G‐SIIs.

According to the provisions of section 3 – Implementation, point 9 of Guideline EBA/GL/2023/10, this guideline is applicable starting from May 20, 2024. On the said date, EBA Guideline of 29 September 2022 (EBA/GL/2022/12) amending Guideline on the specification and disclosure of systemic importance indicators is repealed and replaced by the European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators.

The European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators is addressed to national competent authorities as defined in point (2)(i) of Article 4 of Regulation (EU) No 1093/2010 and to financial institutions in relation to which Guidelines EBA/GL/2020/14 apply. Designated authorities referred to in Article 131(1) of Directive 2013/36/EU other than competent authorities are encouraged to apply these Guidelines. At national level, the National Committee for Macroprudential Oversight (NCMO) act as designated authority within the meaning of provisions contained in Sections I and II, Chapter 4, Title VII of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC. In accordance with the provisions of Articles 15 – 20 of the NCMO Regulation no.2/2017 on the methodology and procedure used for setting capital buffers and the scope of these instruments, with subsequent amendments and additions, the NCMO has tasks regarding the identification and reporting of G-SII institutions. Also, in accordance with the provisions of Article 3 paragraph (8) of the Law no. 12/2017 on the macroprudential oversight of the national financial system, in order to exercise its powers, the National Committee for Macroprudential Supervision ensures cooperation and exchange of information with the European Banking Authority.

So far, no global systemically important institutions (G‑SII) were identified within the Romanian banking sector, given the relatively small-sized institutions on the domestic banking market. An entity can be classified as G-SII where its leverage ratio exposure measure exceeds EUR 200 billion (as provided for in para. 6 of EBA/GL/2020/14) on a consolidated or individual basis.
The NCMO Decision No. D/2/2024 regarding the intention of the NCMO to comply with the provisions of the European Banking Authority Guideline EBA/GL/2023/10 amending Guideline EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators complements the national regulatory framework represented by the NCMO Recommendation No.R/3/2024 on compliance with Guidelines EBA/GL/2023/10 amending Guidelines EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators (link către Recomandarea CNSM nr.R/3/2024 – versiunea în lb.engleză de pe website-ul CNSM, secţiunea Politică macroprudenţială/ Lista recomandărilor/ 2024) recommending the National Bank of Romania and the Financial Supervisory Authority, in their capacity as sectoral supervisory authorities, to comply with the provisions of the European Banking Authority Guidelines EBA/GL/2023/10 amending Guidelines EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators from the date when there are relevant institutions (G-SIIs) within their jurisdiction and to ensure their enforceability against the relevant institutions.

Amending Guidelines EBA/GL/2020/14 on the specification and disclosure of systemic importance indicators