Commission Delegated Regulation (EU) 2024/895 of 13 December 2023 amending Delegated Regulation (EU) 2015/63 as regards the calculation of eligible liabilities and the transitional regime

‘2 Where the competent authority has fully waived the application of capital requirements to an institution at individual level pursuant to Article 7(1) of Regulation (EU) No 575/2013 and the resolution authority has also fully waived the application at individual level to the same institution of the MREL in accordance with Article 45f(3) or (4), or with Article 45g of Directive 2014/59/EU, the indicator referred to in Article 6(2), point (a), of this Regulation may be calculated at consolidated level. The score obtained by that indicator at consolidated level shall be attributed to each institution which is part of the group for calculating that institution’s risk indicator.’

‘5 Without prejudice to Article 10 of this Regulation, during the initial period referred to in Article 102(1) of Directive 2014/59/EU, Member States may allow institutions whose total assets are equal to or less than EUR 3000000000 to pay a lump-sum of EUR 50000 for the first EUR 300000000 of total liabilities, less own funds and covered deposits. For the total liabilities less own funds and covered deposits above EUR 300000000, those institutions shall contribute in accordance with Articles 4 to 9 of this Regulation.’

‘8 By way of derogation from Article 13(1), in the 2024 contribution period the resolution authorities shall notify each institution referred to in Article 2 of their decisions determining the annual contribution due by each institution by 31 May 2024.

9 By way of derogation from Article 14(4), and with regard to the information to be provided to the resolution authority in 2023, the information referred to in that paragraph shall be provided at the latest by 29 February 2024.’

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the day following that of its publication, with the exception of Article 1(3) and (4), which shall apply from 1 December 2023.