Delegated Regulation (EU) 2015/63 is amended as follows:
Article 3 is amended as follows:
point (2) is replaced by the following:
“investment firms” means investment firms as defined in Article 2(1), point (3), of Directive 2014/59/EU, excluding investment firms that fulfil any of the following conditions:
deal on own account only for the purpose of fulfilling or executing a client order or for the purpose of gaining entrance to a clearing and settlement system or a recognised exchange when acting in an agency capacity or executing a client order;
meet all the following conditions:
they do not hold client money or securities;
they undertake only dealing on own account;
they have no external customers;
their execution and settlement transactions take place under the responsibility of a clearing institution and are guaranteed by that clearing institution;’;
point (8) is replaced by the following:
“competent authority” means a competent authority as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013 or a competent authority as defined in Article 3(1), point (5), of Directive (EU) 2019/2034 of the European Parliament and of the Council (^{11});
point (15) is deleted;
Article 6 is amended as follows:
in paragraph 2, point (a) is deleted;
paragraph 4 is replaced by the following:
‘4. The “Importance of an institution to the stability of the financial system or economy” pillar shall consist of the indicator “Total amount of interbank loans and deposits in the European Union, capturing the importance of the institution to the economy of the Member State of establishment.’;
in Article 7, paragraph 2 is replaced by the following:
‘2. Each risk indicator in the “Risk exposure” pillar shall have an equal weight.’;
in Article 8, paragraph 2 is deleted;
the following Article 11a is inserted:
‘Article 11a
Annual contributions of certain investment firms
1. Without prejudice to Article 10, the annual contributions of investment firms referred to in Article 1(1) of Regulation (EU) 2019/2033 of the European Parliament and of the Council (^{22}) that do not fall under the derogation provided for in Article 1(2) of that Regulation, shall be calculated in accordance with Article 5 of this Regulation.
2. By way of derogation from paragraph 1, the annual contributions of investment firms referred to in paragraph 1 shall be calculated in accordance with Articles 5 to 9, where any of the following conditions is met:
the competent authority has allowed, pursuant to Article 1(5) of Regulation (EU) 2019/2033, the investment firm to apply the requirements of Regulation (EU) No 575/2013;
the competent authority has exercised the discretion, pursuant to Article 5(1) of Directive (EU) 2019/2034, to subject that investment firm to the requirements of Regulation (EU) No 575/2013.
3. Where an investment firm referred to in paragraph 1 of this Article provides sufficient evidence that the contribution amount calculated in accordance with Article 5 is higher than the contribution calculated in accordance with Articles 5 to 9, the resolution authority shall apply the lower.
4. Where an investment firm referred to in paragraph 1 makes use of paragraph 3, it shall inform the resolution authority of it and provide that resolution authority with all the information referred to in Article 14(1), (2), (3) and (6), within the same deadlines as the deadlines provided for in Article 14(1) and (4).
(^{}) Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/2033/oj).’;
Article 14 is amended as follows:
paragraph 3 is replaced by the following:
‘3. The information referred to in Annex II, included in the supervisory reporting requirements laid down in Commission Implementing Regulation (EU) 2021/451 (^{33}) or, where applicable, by any other supervisory reporting requirement applicable to the institution under national law, shall be provided to the resolution authority as reported by the institution in the latest relevant supervisory report submitted to the competent authority pertaining to the reference year of the annual financial statement referred to in paragraph 1 of this Article.
(^{}) Commission Implementing Regulation (EU) 2021/451 of 17 December 2020 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Implementing Regulation (EU) No 680/2014 (OJ L 97, 19.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/451/oj).’;
paragraph 5 is replaced by the following:
‘5. Where the information or data submitted to the resolution authorities is subject to updates or corrections, those updates or corrections shall be submitted to the resolution authorities without undue delay within the time limit laid down in Article 17(5).’;
Article 15 is deleted;
in Article 17, the following paragraph 5 is added:
‘5. Requests for restatements or revisions of information submitted for the purpose of calculating annual contributions shall be subject to a time limit. That time limit shall start on the date on which resolution authorities notified the decision determining the annual contribution to the institution pursuant to Article 13(1) and (2) and shall expire on 31 January of the year following the fourth contribution period after the contribution period in which that decision was notified.
The time limit referred to in the first subparagraph of this paragraph shall apply both to requests for restatements or revisions submitted by institutions pursuant to Article 14(5) and to those initiated by the resolution authorities. The time limit shall not be subject to interruption.
Where 31 January is not a business day, the time limit referred to in the first subparagraph shall expire on the following business day.’;
in Article 19, paragraph 3 is replaced by the following:
‘3. Competent authorities shall provide resolution authorities with any information enabling resolution authorities to calculate the annual contributions, including, in particular, the following:
any information related to the additional risk adjustment;
any relevant waivers that competent authorities have granted to institutions pursuant to Directive 2013/36/EU and Regulation (EU) No 575/2013;
any relevant information on authorisations that competent authorities have granted investment firms pursuant to Article 1(5) of Regulation (EU) 2019/2033; and
any relevant information on decisions taken with respect to investment firms pursuant to Article 5(1) of Directive (EU) 2019/2034.’;
in Article 20, the following paragraph 10 is added:
‘10. By way of derogation from Article 17(5), requests for restatements or revisions of information submitted for the purpose of calculating annual contributions of contribution periods prior to the 2026 contribution period, shall be submitted until 31 January 2031.
Where 31 January is not a business day, the time limit referred to in the first subparagraph shall expire on the following business day.
The first subparagraph of this paragraph shall apply both to requests submitted by institutions pursuant to Article 14(5) and to those initiated by resolution authorities. The time limit shall not be subject to interruption.’;
Annex I is amended in accordance with the Annex to this Regulation.