Resolution Of May 22, 2015, Of The Executive Committee Of The Bank Of Spain, Of Approval Of The Scheme Of Delegation Of Powers.

Original Language Title: Resolución de 22 de mayo de 2015, de la Comisión Ejecutiva del Banco de España, de aprobación del régimen de delegación de competencias.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6121

The current regime of delegation of powers of the Executive Committee of the Bank of Spain, approved by resolution of that body adopted at its meeting of December 18, 2009, has been subsequently modified up on ten occasions, through agreements of the Executive Committee of the Bank of Spain made public through publication in the «Official Gazette». The existence of subsequent amendments raises the difficulties of regulatory dispersion.

In addition, in the last months is have produced important changes organizational and of operation that have affected to the Bank of Spain. On the one hand, the past November 4, 2014 was launched the single supervisory mechanism, which has led to a profound change in procedures and in the distribution of responsibilities in terms of banking supervision in the euro area countries. This entails the need for the Bank of Spain to carry out new activities and develop new functions within the established regulatory framework. On the other hand, will have rushed changes significant in the structure internal of the Bank of Spain. The last and most profound, agreed by the Commission Executive of the Bank of Spain in its session of April 29, 2015, which has resulted in significant changes in the organizational chart of the institution.

By all this, in order update the regime existing, expedite them procedures linked to the mechanism only of Supervision and adapt the regime of delegation of powers to the new structure internal of the Bank of Spain, the Commission Executive, in its session of 22 of mayo of 2015, in accordance with it planned in the article 68 in relation to the 60 , both of the regulation internal of the Bank of Spain, approved by resolution of the Governing Council of 28 March 2000, has agreed to the following system of delegation of powers, own or delegated by the Governing Council with anticipation of sub-delegation, framed in the exercise of administrative powers, leaving without effect the resolution of the Executive Committee of the Bank of Spain on December 18, 2009 and its subsequent amendments : First. Delegations that are carried out for all the managing bodies, within the scope of their respective duties.

Is delegate in each one of them Directors General, in the Secretary general and in them Directors General attached, for its exercise in the field of performance of such organs, it Faculty of issue them reports required by them relations administrative and external of the institution in the exercise of them skills legal that les are own, adjusting is in all case to them possible guidelines that have emanated of the Council of Government and of the Commission Executive. Excepted this delegation is the mandatory reports that need to occur in the procedures of merger, SCISSION or global or partial transfer of assets and liabilities, or any agreement having similar economic or legal effects involving two credit institutions subject to the supervision of the Bank of Spain not belonging to the same group, as well as reports that need to occur in records of authorization of entities subject to the supervision of the Bank of Spain.

Second. Delegations that are carried out within the scope of the General Directorate of financial stability and resolution.

1 is delegated to the director general of financial stability and resolution the following powers: to) formulating requirements and recommendations to entities subjected to the supervision of the Bank of Spain in the field of financial information and institutions reporting to the Central of risk information on this service statements.

(b) resolve the queries external formulated in matter of interpretation and application of rules relating to resolution.

2 are delegated to the director of the Department of financial information and DR the following powers: to) in the field of financial information, issue and transfer clarification on how to complete the obligations concerning the aforementioned information to entities subject to supervision of the Bank of Spain.

(b) to issue and transfer entities reporting to the Central of risk information clarification on how to complete the statements to this service.

Third party. Delegations that is carried out in the scope of the direction General of Supervision.

1 are delegated to the general director of Supervision the following powers: to) resolve on the procedures and actions foreseen in the Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms, and by which modifies Regulation (EU) No. 648/2012 (hereinafter (, RRC), listed in the annex I of the present agreement.

b) resolving on the procedures and actions provided for in the Act 10/2014, on June 26, management, supervision and solvency of credit institutions, the Royal Decree 84/2015, on 13 February, which develops the previous and its implementing rules, listed in the annex II to the present agreement.

(c) resolve on them procedures and actions planned in the law 21 / 2011, of 26 of July, of money electronic, and the Real Decree 778 / 2012, of 4 of mayo, of regime legal of them entities of money electronic, and standards of development, contained in the annexed III.1 of the present agreement.

(d) resolving on the procedures and actions provided for in law 16/2009, of 13 November, payment services, the Royal Decree 712/2010, 28 of may, legal regime of services payment and payment institutions, and its implementing rules, contained in annex III.2 of the present agreement.

((e) resolve on the following procedures and actions provided for in other rules: e.1) the Faculty not to oppose the acquisition of significant shareholdings in companies of appraisal (article 3.ter of the law 2/1981, dated March 25, regulation of the mortgage market).

e.2) in the reciprocal guarantee companies, authorize the distribution, in any form, of the freely available reserves, as well as the implementation of the Fund's technical provisions for purposes other than the coverage of the credit risk of their operations (article 8 of the Royal Decree 2345 / 1996 of 8 November, on administrative authorization rules and requirements of solvency of the reciprocal guarantee companies).

e.3) report or issuing accredited certificates of certain situations objective concerning credit institutions or other supervised entities, when they are provided for in the rules, or they should have effect against third parties.

e.4) send writings to credit institutions or other supervised entities by clarifying and indicating what is the treatment applicable to certain transactions or situations of the entity, in view of the regulations or, where appropriate, of the interpretations issued by the competent bodies of the Bank of Spain, except those relating to banking transparency and resolution.

e.5) formulate recommendations to credit institutions and other entities subject to the supervision of the Bank of Spain, except those relating to banking transparency and resolution, provided that is not caused by the carrying out of inspection visits [(artículo 23.1 f) of the law 13/1994 of 1 June, autonomy of the Bank of Spain]. The Faculty of recommendations arising from visits of inspection and the power to formulate requirements correspond to the Executive Committee.

e.6) send written to credit institutions and other supervised entities requesting compliance with comments or requirements previously formulated by the Executive Committee; making clarifications on certain irregularities detected appearing in writings of the Bank of Spain previously referred to the entity, or Recalling the obligation to acknowledge receipt of the submitted writings or give an account of the measures taken for the fulfillment of the formulated requirements, except for those relating to banking transparency and resolution.

In the absence of the director-general of Supervision, all the delegations referred to in this point shall be deemed performed in favour of deputy general director of Supervision.

2 is delegated to the deputy general director of Supervision the following powers: a) authorize, as laid down in the first additional provision of Royal Decree 84/2015, 13 February, computability as equity instruments of additional capital of level 1 and equity of level 2, including those referred to in paragraph 1 of article 73 of the CRR.

((b) authorize the exemption from compliance with the requirement contained in the letter d) of paragraph 1 of article 83 of the RRC for Computability as additional equity level of own funds 1 and capital of level 2 issued by specific purpose entities and their corresponding share premium accounts.


(c) approve modifications to the guidelines to that referred to in article 54 of the law 10/2014, on June 26, management, supervision and solvency of institutions of credit, article 20 of the law 21/2011, July 26, e-money, and article 15 of the law 16/2009, of 13 November, payment services , provided that its production corresponds to the scope of the General direction of Supervision, insofar as they involve technical adjustments, improvement or coordination of concepts, terminology and criteria established in these guidelines, or variations in the form of pay to the Bank of Spain the specific information provided for therein.

(d) resolve the external consultations in the interpretation and application of sectoral management rules, except those of banking transparency and resolution, except when respond to new standards of interpretation of these rules especially significant for the corresponding sector, whose jurisdiction will correspond to the Executive Committee.

(e) resolve consultations that them entities can raise on the application of criteria accounting not referred in it Circular 4 / 2004, of the Bank of Spain, of 22 of December, in them terms expected in the paragraph 4 of the standard eighth of it indicated circular, and whenever exist criteria established by the Commission Executive.

f) resolve on requests for indirect enforcement of the coefficient of minimum reserves, in accordance with article 10 of Regulation (EC) No. 1745 / 2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves.

In case of absence of the deputy general director of Supervision, all the delegations referred to in this point shall be deemed performed in favour of the director-general of Supervision.

3 is delegated to directors of Department of Supervision of General direction, for their exercise in the respective fields of activity, the following powers: to) resolve on the procedures and actions foreseen in the CRR listed in annex IV to the present agreement, as well as acknowledge receipt, request clarification, demonstrations or checks, and formulate suggestions to those communications that credit institutions must be at the Bank of Spain in compliance with provisions in the CRR.

(b) resolve on them procedures and performances planned in the law 10 / 2014, of 26 of June, of management, supervision and solvency of entities of credit, the Real Decree 84 / 2015, of 13 of February, by which is develops it earlier, and their standards of development, contained in the annexed V of the present agreement.

(c) resolving on the procedures and actions provided for in law 21/2011, 26 July, electronic money, and the Royal Decree 778/2012, may 4, legal regime of electronic money institutions, and development standards, contained in the Schedule VI.1 of the agreement.

(d) resolving on the procedures and actions provided for in law 16/2009, of 13 November, payment services, the Royal Decree 712/2010, 28 of may, legal regime of services payment and payment institutions, and its implementing rules, contained in the annex VI.2 of the present agreement.

((e) resolve on them following procedures and performances planned in other standards: e.1) communicate to others authorities supervisory national or foreign or institutions competent them resolutions adopted by them organs corresponding of the Bank of Spain with regard to entities of credit u others entities supervised, as well as formulate to these authorities requests of information and reply to them requests referred by these on aspects related with them entities before cited.

e.2) issue the certification referred to in article 21.6 of the Royal Decree 1282 / 2010, of 15 October, which regulates futures, options and other derivative financial instruments, markets officials when such an expedition, depending on the type of entity concerned, corresponding to the Bank of Spain.

(e.3) request information u order inspections in relation to them people physical or legal that, without having retrieved it mandatory authorization of the Bank of Spain, carried out in establishments open to the public operations of change of currency foreign u offer to the public its realization (article 178.4 of the law 13 / 1996, of 30 of December, of measures fiscal, administrative and of the order Social).

(e.4) issue the acknowledgement of receipt, as well as request information mandatory or additional in the procedure of acquisition of shares significant of societies of appraisal (article 3 ter of the law 2 / 1981, of 25 of March, of regulation of the market mortgage).

(e.5) resolve on them following procedures and performances planned in it law 5 / 2005, of 22 of April, of supervision of them conglomerates financial, the Real Decree 1332 / 2005, of 11 of November, by which is develops it previous, and its normative of development:-the Faculty of proceed to the identification of them conglomerates financial or collaborate with others authorities in the identification of them conglomerates financial the Faculty writings refer to the National Commission of the market of stock, the General Directorate of insurance and pension funds and the other supervisory authorities of the European Union, specifying the criteria of the Bank of Spain in the identification process of financial conglomerates, determination of the authority which will exercise the function of Coordinator and delimitation of the whole of competent authorities involved as well as the faculty, in connection with the exercise of the functions which you as a coordinator of the conglomerate, inform the obliged entity its status as such, the scope of their obligations, and other extremes resulting from the exercise of the supplementary supervision of the conglomerate.

The decisions that the Bank of Spain can make as Coordinator in terms of not fixing or partial attachment of a financial conglomerate to the obligations of the supplementary supervision as provided for in paragraph 2 of article 2 of the Royal Decree 1332 / 2005, of 11 November, will correspond to the Executive Committee.

-The power to define and request specific information from the entities that are part of a financial conglomerate and for exchanges of information with other competent authorities in accordance with provisions in legislation on supplementary supervision of financial conglomerates.

e.6) issued the report prior to the granting of loans, guarantees or guarantees to the members of the Board of Directors of the boxes of savings or persons linked to them, as well as the disposition to a box of savings of goods or their property values or issued by such entities, as they are representatives of the staff, as provided for in article 18.2 of law 26/2013 , 27 December, boxes of savings and banking foundations.

(f) request information, documentation and clarifications to credit institutions and other entities supervised within the framework of the work of supervision and in the processing of administrative procedures, when it is deemed necessary to carry out this requirement on a formal basis.

4. is delegated to the director of the Department of regulation and policy supervisory, supervisory General direction, the following Faculty: authorize Computability as own resources of the instruments of tier 1 capital ordinary referred in article 26 of the CRR, including those listed in paragraph 1 of article 73 of the CRR.

5. delegations provided for in paragraphs 1 to 4 above which relate to credit institutions shall be deemed to also in relation to financial credit establishments in those procedures which apply to them as laid down by the law 5/2015, 27 April, promotion of business financing.

Room. Delegations that is carried out in the scope of the direction General of operations, markets and systems of payment.

1 is delegated to the director general of operations, markets and payment systems the following powers: to) adopt evaluation reports, newspapers and to possible changes in systems and payment instruments, prepared by the Bank of Spain in accordance with the relevant standards and in the exercise of its powers of surveillance. Recommendations, where appropriate, the coming as a result of the previous year.

(b) send written to the managing bodies of a payment system, payment service providers and entities that provide technological services for the aforementioned system, clarifying or interpreting the rules and policies that may apply in the context of the monitoring of payment systems.

(c) approve the manual of procedure internal of the activities of surveillance of systems and instruments of payment led to out by the Bank of Spain, and their updates.

(d) approve the reports and make recommendations that are considered necessary on systems and services that manage the Spanish society of payment systems, SA (Iberpay), in the exercise of the functions of supervision of that society.

(e) approve them reports and formulate them recommendations that is consider necessary on them accounts annual, the report of management, the report of them Auditors external, the composition of the Council of administration and the shareholders of the society Spanish of systems of payment, SA (Iberpay), in the exercise of the functions of supervision of it society.


(f) sending written clarifying or interpreting the rules which are applicable in the context of the supervision of the Spanish society of payment systems, SA (Iberpay).

(g) request or issue the mandatory report on the recognition of a system of payments for the purposes of the law 41 / 1999, of 12 of November, on systems of payments and of liquidation of values.

(h) make recommendations and issue general guidelines, good practices, interpretations and clarifications that facilitate the understanding of the obligations deriving from the provisions of Regulation (EU) No. 260/2012 of the European Parliament and of the Council of 14 March 2012, by which establish technical and business requirements for transfers and debits domiciled in euros , and amending Regulation (EC) No. 924/2009, and its correct performance, always and when do not relate to new interpretive criteria.

(2. is delegate, interchangeably, in the director general of operations, markets and systems of payment and in the director of the Department of systems of payment the following faculties: to) request information and documentation, both of them entities management of a system of payments as of them suppliers of services of payment, including those entities that provide services technological for them systems and services cited , in order to assess the efficiency and safety of systems and payment instruments.

(b) Exchange information that is relevant with other authorities public responsible of the surveillance of them systems of payment and settlement to facilitate the exercise of the function of surveillance that has entrusted the Bank of Spain.

(c) approve the list of payment systems that have informed the Bank of Spain its rules of access for publication.

(d) decide on the opposition to the rules basic relating to them services complementary or accessories managed by the society Spanish of systems of payment, SA (Iberpay).

(e) decide on the opposition to the technical or operating instructions relating to systems and services managed by the society Spanish of systems of payment, SA (Iberpay), with the exception of those relating to the management of the distribution, collection and processing of payment.

(f) request relevant information on systems and services that manage the society Spanish of systems of payment, SA (Iberpay), as well as information on its annual accounts and the management report, the report of the external auditors, the composition of the Board of Directors and the shareholders, in the exercise of the functions of supervision of the society.

(g) request of them suppliers of services of payment information generic and specific (including it relative to agreements interbank) that allow check the compliance, by his part, of them different obligations legal, them requirements essential and other requirements technical of the Regulation (EU) No. 260 / 2012 of the Parliament European and of the Council, of 14 of March of 2012, by which is established requirements technical and business for them transfers and them debts domiciled in euros , and amending Regulation (EC) No. 924/2009.

(h) submit writings to payment service providers requesting compliance with observations or performance requirements previously formulated by the Executive Committee.

(i) Exchange information that is relevant with other authorities public, both national as international, in the scope of the Regulation (EU) No. 260 / 2012.

3 is delegated, indistinctly, the general director of operations, markets and payment systems, the deputy general director of cash management and branches, and the director of the Department of broadcast and box the following Faculty:-decide on opposition to technical or operating instructions for the management of the distribution, collection and processing of payments (deposits auxiliary system (, SDA).

4 is delegated to the director of the Department of payment systems the following powers derived from the fulfilment of the obligations laid down in article 16 of the law 41/1999, of 12 November, on payment and securities settlement systems: to) send to the European Board of systemic risk (ESRB), to the other Member States and the European Securities and markets (AEVM) authority of court communications relating to the Declaration of insolvency of in a system participant credit institution.

((b) bring to the attention of the managers of the Spanish payment systems communications similar to the referred in the letter to) previous received from another Member State of the European Union or a third country.

Fifth. Delegations that are carried out in the scope of the Secretariat General.

1 is delegate to the Secretary-General the following powers: to) the administrative backlog.

(b) resolve complaints against entities subject to the supervision of the Bank of Spain, provided that the facts are manifestly unfounded.

(c) resolve the reports referred to external queries formulated in terms of interpretation and application of bank transparency rules, unless to respond to new interpretive criteria of these especially meaningful standards for the corresponding sector, whose adoption will be up to the Executive Committee.

(d) approve modifications in them guides to is refers the article 54 of the law 10 / 2014, of 26 of June, of management, supervision and solvency of entities of credit, whenever its elaboration corresponds to the field of action of the Secretariat General, insofar as consist in adaptations technical, improves or coordination of concepts, terminology and criteria established in such guides , or variations in the form of pay to the Bank of Spain the specific information provided for therein.

(e) resolving on the inadmissibility of access to public information requests under the Act 19/2013, of December 9, transparency, access to public information and good governance. The refusal of requests shall be responsible to the Executive Committee.

f) grant authorization to carry out the operations referred to in article 2(2) of the Royal Decree 2660 / 1998, of 14 December, on the foreign currency exchange in establishments open to the public other than credit institutions.

(g) to issue the mandatory reports on statutory modifications that the legal system refer to the Bank of Spain.

(h) grant authorization for the amendment of articles of Association of entities of credit and resolve on the unnecessary nature of the application for the authorization of those amendments that have little relevance, in the terms legally provided.

(i) resolve on requests for opening of branches in other countries of the European Union by Spanish credit institutions and carry out corresponding notifications as well as issue the certification provided for in article 14.6 of the Real Decree 84/2015, 13 February, whereby the law 10/2014, 26 June, Management develops , supervision and solvency of credit institutions, which should be issued in this procedure (article 11.1 of law 10/2014, 26 June, and articles 14.1, 3 and 6 of Royal Decree 84/2015, 13 February, whereby the former is developed).

2 are delegated to the director of the Department of behavior of market and claims the following powers: to) advertising of entities subject to supervision of the Bank of Spain, to resolve on the cessation or rectification of the advertising campaigns that fail to respect the provisions of the rules on advertising of services and banking products; entities require the inclusion in an advertisement of warnings in relation to the product or service offered; request institutions remission of the data contained in its internal record of advertising and the documentation for the advertising campaigns which have been the object of diffusion, as well as information on the criteria that generally apply in the preparation and dissemination of their advertising campaigns.

(b) resolve on the verification, legally provided, regulations and defenders of the customer's credit and customer services.

(c) in regard to information about fees and interest rates, issue and move clarification on how to complete the obligations concerning the aforementioned information to entities subject to the supervision of the Bank of Spain.

(d) formulate observations and recommendations to the credit institutions and other entities subject to the supervision of the Bank of Spain in banking transparency and protection to customers, as well as systems and mechanisms of attention and resolution of conflicts with the clientele.

(e) sending written to credit institutions or other supervised entities, clarifying and indicating what is the treatment applicable to certain products, operations, actions or situations of the entity, in the light of current standards of banking transparency and protection to customers, as well as systems or mechanisms of attention and resolution of conflicts with the clientele , or in the light of the interpretations issued, where appropriate, by the competent bodies of the Bank of Spain.


(f) send written to the entities of credit and other entities supervised requesting the compliance of observations, recommendations or requirements previously formulated in matter of transparency Bank and protection to the clientele, as well as of systems or mechanisms of attention and resolution of conflicts with such clientele; making clarifications upon certain irregularities detected appearing in writings of the Bank of Spain previously referred to the entity; requesting clarification, additional information or the sending of documentation, or Recalling the obligation to acknowledge receipt of the submitted writings or give an account of the measures taken to comply with the requirements formulated.

(g) communicate to others authorities supervisory national or foreign, or to institutions competent, them resolutions adopted by them organs corresponding of the Bank of Spain with regard to entities of credit u others entities supervised, as well as formulate to these authorities requests of information and reply to them requests sent by these on aspects related with such entities, whenever them cited communications and requests is relating to aspects related with it transparency Bank and the protection to the clientele , as well as with the systems and mechanisms of attention and resolution of conflicts with the clientele.

3 is delegated to the Deputy the following powers: to) resolve cases of assessment of suitability, with appreciation, of the members of the body of Directors, Directors General or assimilated and persons who exercise functions of internal control or occupy key positions for the daily development of the activity of entities subject to the supervision of the Bank of Spain , and of their dominant, in those terms and alleged established in the regulations applicable.

The Executive Committee shall be responsible for the resolution of the files that will conclude with a negative statement about the suitability of the person assessed, as well as those which, in accordance with the applicable law, is to be the existence of sentences for the Commission of crimes or misdemeanours, penalties for the Commission of administrative offences relating to the financial system, or relevant and based in the fields of criminal and administrative investigations.

(b) resolve favourably the requests of access to information public presented under the Law 19 / 2013, of 9 of December, of transparency, access to the information public and good government.

(c) to grant authorization to carry out the operations referred to in paragraph 1 of article 2 of the Royal Decree 2660 / 1998, of 14 December, on the foreign currency exchange in establishments open to the public other than credit institutions.

(d) authorize to the establishments of change of currency it realization of operations accessory or complementary of its activity main (paragraph 2 of the article 5 of the order of 16 of November of 2000, of regulation of certain aspects of the regime legal of them establishments of change of currency and their agents).

e) resolve and perform communications foreseen in the procedures of modification of the content of the notified information in requests for opening of branches of credit institutions Spanish in States members of the European Union (articles 14.4 and 15.3 of the Royal Decree 84/2015, of 13 February, which develops law 10/2014, 26 June (, of management, supervision and solvency of institutions of credit).

(f) carry out the communications relating to the performance of Spanish credit institutions in Member States of the European Union of free provision of services, as well as issue the certification provided for in article 14.6 of the Real Decree 84/2015, 13 February, whereby the law 10/2014, 26 June, Management develops supervision and solvency of credit institutions, which should be issued in this procedure (article 11.2 of the Act 10/2014, June 26, and articles 14.5, 14.6 and 15.4 of Royal Decree 84/2015, 13 February, whereby the former is developed).

(g) perform communications relating to Spanish electronic money institutions for the issuance of electronic money or providing payment services not linked to this issue in another Member State of the European Union, either through the establishment of a branch, in regime of free provision of services or through agents (article 11 of the law 21/2011 (, of 26 of July, of money electronic, and articles 10 and 14 of the Royal Decree 778 / 2012, of 4 of mayo, of regime legal of the entities of money electronic).

(h) perform communications relating to Spanish payment institutions for the provision of payment services in another Member State of the European Union, either through the establishment of a branch, in regime of free provision of services or through agents (article 11 of the law 16/2009, of 13 November, payment services, and articles 10 and 14 of the Royal Decree 712/2010) (, 28 may, legal regime of payment institutions and payment services).

6th. Mechanism only of Supervision.

Delegations present must be understood exclusively carried out in the area in which the Bank of Spain is competent authority as set out in the Regulation (EU) No. 1024 / 2013 of the Council of 15 October 2013, which instructs the European Central Bank tasks specific with regard to policies relating to the prudential supervision of credit institutions.

Seventh. Acts of procedure.

Them delegations that is expected in this resolution will include it of the emission of them acts of procedure necessary for the exercise of the competition associate.

Eighth. Certiorari.

Executive Committee may arrogate to himself the knowledge of any issue whose resolution has been delegated under this agreement where technical, economic, social or legal circumstances make it suitable.

Where the proceedings applicable, by virtue of this agreement, a general Director Deputy or Department director, attached by the director-general of which depend on the directorate-general or Department may also take over their knowledge.

Ninth. Delegation of signature.

For the exercise of former faculties, the Directors-General, Secretary-General, Deputy General managers and Department Directors referred to in this agreement may be delegations of signing, even on a permanent basis, in favour of the holders of the departments, services, divisions, groups or units in charge, as well as in favour of the Executive coordinators or branch managers.

Tenth. Enactment of the Bill to the Executive Committee.

The Directors-General and the Secretary-General will give account to the Executive Commission, at least every six months of practice, the scope of their respective addresses, previous delegations. To this end, each of them will establish the periodicity with which shall be informed of the agreements adopted under the present agreement by the staff in charge.

Eleventh. Character of the delegations carried out.

The regime of delegations of powers set forth in this agreement has a permanent nature.

12th. A reference to the organic law 3/2007.

To them effects of it planned in the law organic 3 / 2007, of 22 of March, for the equality effective of women and men, the references made in the present agreement to charges of the Bank of Spain is will understand made without prejudice of the concrete gender of who in each time occupy such charges.

13th. Derogations.

Are without effect them resolutions of the Commission Executive that then is indicate: resolution of 18 of December of 2009, of the Commission Executive of the Bank of Spain, of approval of the regime of delegation of powers («BOE» No. 4, of 5 of January of 2010) and them modifications later agreed by resolutions of the Commission Executive of dates 23 of November of 2011 («BOE» No. 290) (, December 2, 2011), 23 December 2011 ("BOE" No. 309, 24 December 2011), 2013 January 25 ("BOE" No. 31, February 5, 2013), 16 April 2013 ('BOE' no. 99, 25 April 2013), 27 June 2013 ("BOE" No. 155, 29 June 2013) 29 July 2013 ('BOE' no. 182, July 31, 2013), 30 April 2014 ("BOE" No. 114, 10 may 2014), 29 of September of 2014 ('BOE' no. 238 of October 1, 2014), December 2014 5 ('BOE' no. 298, December 10, 2014) and February 12, 2015 ("BOE" No. 40) (, February 16, 2015).

References to such resolutions contained in regulations or implementing existing agreements shall be deemed performed to this agreement, or, where appropriate, to those who, in the future, can replace it.

Fourteenth. Publication.

This agreement will be published in the «Official Gazette».

Fifteenth. Entry in force.

Delegation of functions this Agreement shall take effect from the following day of its publication in the «Official Gazette».

Madrid, May 22, 2015.-the Secretary General of the Bank of Spain, Francisco Javier Priego Pérez.

ANNEX I delegations in favour of the director-general of Supervision referred to in the annex I referenced in the third paragraph, number 1, letter a)


Regulations referred to in articles named below: Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms, and by which modifies Regulation (EU) No. 648/2012 (appointed as RRC).

Entities of credit standard procedure 1 article 19.2 of the CRR.





Excluding prudential consolidation a subsidiary or investee.






2 article 41.1. b) the CRR.





Funds themselves. Waiver of deduction of assets of pension fund defined-benefit that the entity can be used without restrictions.






3 article 49.3 of the CRR.





Own funds. Dispenses, in the calculation with character individual or subconsolidado, of the deduction of the tenure of instruments of funds own in those cases collected in certain cases.






4





Arts. 76.2 and 76.3 the CRR.





Own funds. Use of an estimate conservative of the exposure of an entity to instruments of capital included in indexes.






5





Arts. 77 and 78 of the CRR.





Authorization supervisor to reduce, repurchase or repay equity, including the so-called laid down in article 32.2 of the delegate Regulation (EU) No. 241/2014 the Commission of January 7, 2014.






6 article 84.5 of the CRR.





Own funds. Exempt to a society financial's portfolio matrix of the application of the article 84 of the CRR on interest minority.






7





Arts. 148.1 and 283.3 the CRR.





Authorize the modification of the application rolling of those methods internal of risk of credit, counterpart.






8 section 143.3 of the CRR.





Risk of credit, method IRB. Authorize changes in grading systems or methods of internal models for equity exposures already authorised, or its scope.






9 Article 148.4 of RRC.





Of credit risk, IRB method. Notify that is possess guarantees enough of that is will complete the implementation of the approach IRB.






10 article 157.5 of RRC.





Of credit risk, IRB method. Exempt from the calculation of assets weighted by risk of dilution in exposures arising from the acquisition of receivables from companies or retailers.






11. Arts. 160.7 161.3, 163.4 and 164.2 of the CRR.





Risk of credit, method IRB. Support settings of the probability of failure or the loss in the event of non-payment in recognition of credit risk coverage based on personal guarantees.






12 article 162.2. h) the CRR.





Of credit risk, IRB method. Used as a maturity effective credit duration estimated by the internal model.






13. art. 179.1 of the CRR.





Of credit risk, IRB method. Flexibility in the application of the standards required for data.






14 article 199.6 of RRC.





Of credit risk mitigation. Use as a permissible warranty of physical security of different kind of indicated in paragraphs 2, 3 and 4 of article 199 of the CRR.






15 Arts. 221.1 and RRC 221.2.





Of credit risk mitigation. Use of internal models to calculate the exposure value adjusted in case of framework agreements for compensation.






16 Article 225.1 of the CRR.





Of credit risk mitigation. Use of estimates own of them settings of volatility with arrangement to the method broad for them guarantees real of nature financial, as well as the reversion to the use of other methods.






17 article 243.2 of the CRR.





Deny the existence of transfer significant in a securitisation, even when is meet the conditions established in the article 243.2 of the CRR.






18 section 256.7 of the CRR.





Risk of credit, securitization. Authorize, in certain cases of securitizations of exhibitions retailers cancellable free and unconditionally, without prior notice, that the entity apply a treatment that is approximate much to the prescribed in the article 256.6 to determine the factor of conversion indicated.






(19 section 259.1. e) of the CRR.





Risk of credit, securitization. Authorize to calculate the weighting of risk for certain positions not qualified in a program ABCP of conformity with those articles 253 or 254 of the CRR.






20 article 259.5 of RRC.





Authorize a previously authorized entity to use the method of internal evaluation in securitizations, to return to employ other methods.






21 Article 262.2 of RRC.





Credit risk, securitisation. Authorize that in securitizations retailers can use the formula-based supervisor using the simplifications h = 0 and v = 0.






22 article 263.2 of the CRR.





Credit risk, securitisation. Authorize, where the calculation of exposure weighted by risk for securitized exposures is not possible as if they were not securitized, to temporarily apply the method set out in article 263.3 the CRR.






23. Arts. 284.4 and RRC 284.9.





Counterparty risk. Allow those institutions already authorised to use internal models for risk of counterpart the use of their own estimates of Alpha, or require one alpha higher than the collected by default in article 284 of the CRR.






24 section 285.1 of the CRR.





Risk of counterparty. Authorize to estimate the exposure expected (US) using directly the measure resulting of the model in the equation of the article 284.5 of the CRR.






25 article 292.5 from the CRR.





Risk of counterparty, models internal. Demand that is setting the calibration of resistance for the exhibition positive expected (EPE) effective.






26 article 294.2 from the CRR.





Risk of counterparty, models internal. Authorize to use, rather than alpha multiplied by the effective EPE, a more prudent measure.






27 article 298.4 of RRC.





Counterparty risk. Authorization to choose between original or residual maturity in foreign interest, for the purposes of the contractual netting contracts.






28 section 312.2 and 363.3 the CRR.





Allow institutions to carry out additions and significant changes in the advanced methods of calculation of operational risk capital requirements and market.






29. Arts. 312.1 and 312.3 of the CRR.





Operational risk. Take appropriate measures before the notification of an entity of its intention to apply the standard method, as well as changes in their models of advanced methods.






30 article 313.3 of RRC.





Risk operational. Authorize to an entity that again to apply the method of the indicator Basic.






31 article 314.4 of the CRR.





Risk operational. Authorize to use a combination of the method of the indicator basic and of the method standard.






32 Arts. 315.3 and 317.4 of the CRR.





Risk operational. Modify the calculation of the indicator relevant to have in has that is has produced a fusion, a purchase or a transfer of entities or activities.






33. art. 323.1 of RRC.





Operational risk, internal models. Authorization to recognize the effects of the insurance and other risk transfer mechanisms.






34. Article 325.2 of RRC.





Market risk. Authorization to offset positions in an entity with positions in another entity of the group.






35. Arts. 329.1, 352.1 and 358.3 the CRR.





Market risk. Authorization to calculate delta using a model.






36 section 331.1 of RRC.





Risk of market. Authorization to use models of sensitivity to calculate them positions in instruments derived.






37 article 337.2 of the CRR.





Risk of market. Authorize that an entity investment in securitisations in its portfolio of negotiation can use the formula supervisor. Authorize the use of estimates of PD and LGD that come of models IRC as inputs into the formula supervisor.






38 section 352.2 of the CRR.






Risk of market. Exclude of the calculation of the position net in currencies them positions that is have taken deliberately to cover the impact adverse of the type of change in the ratios of requirements of resources own.






39 article 366.4 of the CRR.





Risk of market, internal models. Limit the second Addend of article 366.2 of RRC that result from excesses arising from hypothetical changes.






40 section 382.2 of the CRR.





(AVC) credit valuation adjustment. Determination that exposures are significant, to the effect that the institution must include the securities financing transactions in the calculation of own resources by risk of AVC requirements.






41 article 396.1 of the CRR.





Great risks. Grant a period limited in time to return to the compliance of the limit.






42 article 401.2 of the CRR.





Large risks. Recognition of the effects of actual financial guarantees to calculate the exposure value.






43 Article 414 of the CRR.





Liquidity. In the event of failure to comply with the requirements of liquidity, authorization to present information with less than daily frequency and times higher at the end of the business day.






44. article 422.8 of RRC.





Liquidity. Application of a lower percentage of outputs to certain liabilities.






45. Arts. 423.2, 425.1 and 425.4 of the CRR.





Liquidity. Require that be considered additional liquidity outputs; authorised to apply in certain cases a greater input of liquidity, and allow that they exclude limits total or partially certain entries of liquidity.






46 article 471 of the CRR.





Transitional provisions. Authorization does not deduct from CET1, until the 31.12.2022, shareholdings in the capital of insurance companies, companies of reinsurance and insurance holding companies when certain conditions are met.





ANNEX II delegations in favour of the director-general of Supervision referred to in the annex II referenced in the third section, number 1, letter b) regulations referred to in articles named below: law 10/2014, on June 26, management, supervision and solvency of credit institutions; Real Decree 84/2015, 13 February, which develops the previous, and Royal Decree 84/1993, of January 22, which approves the regulation implementing law 13/1989, of May 26, credit unions.

Standard procedure 1 article 8.1 of the RD 84/2015 credit institutions.





Authorized dividends on the banks of new creation.






2. Article 8.1 of the RD 84/2015 and article 9.1 of the RD 84/1993.





Authorize transmission inter vivos, lien or pledge of the shares of banks of new creation and the contributions to the capital of the newly created credit unions, as well as the subscription by a juridical person's contributions to the capital of credit unions higher than 5% of the capital, provided that the volume of the operation is not applicable regime of taking significant holdings of chapter III of title I of the 10/2014, management, supervision and solvency of credit institutions, and chapter II of title I of the Real Decree 84/2015, on 13 February, development of the mentioned law.






3 article 9 of law 10/2014 and art. 12 of the RD 84/2015.





Raise the proposed revocation of the authorization when the credit institution renounces the authorisation granted, as well as the right to deny such waiver to the European Central Bank.






4 Article 10 of the law 10 / 2014 and art. 11 of the RD 84 / 2015.





Expressly declare the authorisation to operate as a credit in the events contemplated institution and following the procedure laid down for that purpose.






5 article 22.6 of the RD 84 / 2015.





Establish limitations to the delegation depending on the nature or criticality of the activities.






6 Article 90 of the RD 84 / 2015.





Accept, formulate observations or reject the proposed of decision joint that them authorities supervisory of the Union European responsible of the supervision in base consolidated of a group in which is integrate an entity of credit Spanish present to the Bank of Spain in the frame of it willing in the article 90 of the RD 84 / 2015, of 13 of February.






7





Arts. 59.2 and 62.1 of the Act 10/2014 and article 91 of the RD 84/2015.





Recognize the decision taken by the competent authority of the Member State of reception on the Declaration of branches as significant lack of decision; request to the competent authorities of the supervision of a credit institution authorised in the European Union with branches in Spain so that they are considered to be significant branches, and resolve over the significant character of branches of credit institutions authorised in the European Union in the absence of decision jointly.






8 article 80.1 of the RD 84/2015.





Require that deficiencies in the capacity of the internal model of an entity are corrected to reflect risks, as well as measures to mitigate its consequences or corrective measures.






9 GIVES the law 10/2014 4th.





Providing information of different nature and inspections relating to natural or legal persons who, without being registered in some legally envisaged administrative registers for financial entities, financial operations of asset or liability or the provision of financial services offered to the public to ask the Ministry of economy and competitiveness.





((ANNEXED III delegations in favor of the director general of Supervision to which is refers them vintage III.1 and III.2 referenced in the paragraph third, number 1, letters c) and d) normative to which is refer them articles down named: entities of money electronic: law 21 / 2011, of 26 of July, of money electronic, and Real Decree 778 / 2012, of 4 of mayo , of regime legal of the entities of money e.

Entities of payment: law 16 / 2009, of 13 of November, of services of payment, and Royal Decree 712 / 2010, of 28 of mayo, of regime legal of them services of payment and of the entities of payment.



AÑEJO III.1 entities of money electronic standard procedure 1 article 7.2 of the Act 21 / 2011.





Demand to the entities of money electronic a figure of funds own until a 20% upper, or allow that maintain a figure of resources own until a 20% lower to which is of them demands minimum.






2 article 7.2 of the Act 21 / 2011.





Adopt the necessary measures to prevent the multiple use of elements of own resources, to ensure a proper distribution of own resources and to ensure the existence of capital sufficient for the issuance of electronic money.






3. Article 9.3 of the law 21/2011.





Authorise the use of the safeguarding method provided for in article 10(1) to electronic money institutions. b) of law 16/2009.






4 article 15.3 of the RD 778/2012.





The Faculty opposition to the delegation of operational functions.






ANNEX III.2 entities from payment standard procedure 1 Art. 8.2 of the law 16/2009 and article 19.3 of the 712/2010 RD.





Demand that the payment institution holds a number of own funds up to 20% higher, or allow to have a number of own funds up to 20% less than that is their minimum requirements.






2 article 8.2 of law 16/2009 and article 18.2 of the 712/2010 RD.





Adopt the necessary measures to prevent the multiple use of elements of own resources to ensure a proper distribution of these and to ensure the existence of capital sufficient for payment services.






3 article 16.2 the 712/2010 RD.





The Faculty opposition to the delegation of operational functions.





ANNEX IV delegations in favour of the Department Directors of the General direction of Supervision referred to in the annex IV referenced in the third paragraph, number 3, letter a) regulations referred to in articles named below: Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms , and by which modifies Regulation (EU) No. 648/2012 (CRR).

Credit standard procedure 1






Article 9 of the CRR.





Authorize the inclusion in the calculation of the requirements of solvency on an individual basis, of certain subsidiaries.






2 article 26.2 of the CRR.





Authorize the inclusion in the tier 1 ordinary provisional benefits or year-end capital.






3 article 89.1. b) the CRR.





Funds themselves. Determining if a company which is not an entity in the financial sector carries out activities that are considered an extension of the banking activity.






4 Article 94.3 from RRC.





Requirements of capital. Determination that the trading book business over the threshold that allows to calculate your requirements as credit risk.






5





Arts. 315.3 and 317.4 of the CRR.





Operational risk. Authorize the modification of the calculation of the indicator relevant to have in has that is has produced a fusion, a purchase or a transfer of entities or activities.






6 article 416.6 of RRC.





Liquidity. Determine if the entity has developed methodologies robust for the assessment of the actions of OIC, to them effects of consider them actions in OIC active liquids.






7 article 420.2 of RRC.





Liquidity. Determination of the outflows of liquidity that should be assigned in relation to products and services not included in the article 422, 423 and 424 of the CRR.





ANNEX V delegations in favour of the Department Directors of the General direction of Supervision referred to in the annex V referenced in the third section, number 3, letter b) regulations referred to in articles named below: law 10/2014, 26 June, management, supervision and solvency of institutions of credit and Royal Decree 84/2015 , of 13 of February, by which it develops the previous.

Standard procedure 1 article 23.5 of the RD 84/2015 credit institutions.





The power to oppose or not to changes in the persons or entities who have 2 Arts form indirect, total or partially, a significant stake in Spanish credit institutions. 25 and 26 of the RD 84 / 2015.





Issuing the acknowledgement of receipt; request information additional or rectification of deficiencies; interrupt the period of evaluation, and expand said term in the procedure of takes of participations significant.






3





Arts. 14.4 and 15.3 of the RD 84/2015.





Resolve and perform communications foreseen in the procedures of modification of the content of the notified information in requests for opening of branches of credit institutions Spanish in States not members of the European Union.






4. Article 11.2 of law 10/2014 and arts. 14.5, 14.6, and 15.4 of the RD 84/2015.





Make communications relating to the performance of the credit institutions Spanish in States not members of the European Union of free provision of services, as well as issue the certification provided for in article 14.6 of the Royal Decree that should occur in this process.






5 article 26.5 of law 10/2014 and section 35.1 of the RD 84/2015.





Authorize the granting of credits, guarantees and guarantees members the Board of directors or Directors General or similar in the cases provided for in the regulations.





ANNEX VI delegations in favour of the Department Directors of the General direction of Supervision referred to in annexes VI.1 and VI.2 referenced in the third paragraph, number 3, letters c) and (d)) regulations referred to in articles named below: electronic money institutions: law 21/2011, 26 July, electronic money , and Royal Decree 778/2012, of May 4, legal regime of electronic money institutions.

Entities of payment: law 16 / 2009, of 13 of November, of services of payment, and Royal Decree 712 / 2010, of 28 of mayo, of regime legal of them services of payment and of the entities of payment.



SCHEDULE VI.1 standard procedure 1 article 12.5 of the RD 778/2012 electronic money institutions.





Transact communications electronic money institutions relating to modifications of the information provided in the procedures of opening branches or free provision of services in States not members of the European Union.






2 article 21 of the law 21/2011.





Issue the acknowledgment, and request additional information or the correction of deficiencies in the process of significant shareholdings.






AÑEJO VI.2 entities from payment standard procedure 1 Art. 11.4 of the RD 712 / 2010.





Process them communications of them entities of payment Spanish relating to them modifications of the information provided in them formalities of opening of branches and of free provision of services in States not members of the Union European.