Question
How to construct the specific indicators as referred to in Annex I of DA in cases where the required data / information was not included in the applicable supervisory reporting for a reference year, although equivalent data did?
Background on the question
The risk adjustment of contributions to resolution financing arrangements is mostly based on CRD IV / CRR terminology and items which were basically not available for the first calculation years. In many cases, though, there was equivalent data reported to national supervisors, that may be employed within the calculation process.
Answer
The answer to question 2015_1926 also applies to this question. Commission Delegated Regulation (EU) 2015/63 does not specify the exact definition of equivalent data, because there will be more than one across Member States. The decision on how to specify the definition of equivalent data is left to resolution authorities. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.