{"id":"circulars/cssf-23-16","title":"Circular CSSF-CODERES 23/16","type":"circular","date":"2023-05-15","kind":"circular","html":"<p>Circular CSSF-CODERES 23/16 is a CSSF circular, published 15 May 2023 and updated 13 May 2026. Subject: Single Resolution Fund – Information on/announcement of raising 2023 ex-ante contributions according to Articles 69 and 70 of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014. The CSSF marks it as outdated.</p>\n<p>Relevant for: Credit institutions, Investment firms.</p>\n<p>Keywords: Resolution, Single Resolution Mechanism (SRM).</p>\n<h2>Text</h2>\n<p>Circular CSSFCODERES 23/16 Single Resolution Fund – Information on/announcement of raising 2023 ex-ante contributions according to Articles 69 and 70 of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014</p>\n<p>Circular CSSF-CODERES 23/16 RE: Single Resolution Fund – Information on/announcement of raising 2023 ex-ante contributions according to Articles 69 and 70 of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014</p>\n<p>Luxembourg, 15 May 2023</p>\n<p>Ladies and Gentlemen,</p>\n<p>To all credit institutions subject</p>\n<p>Based on Title V, Chapter 2 of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (hereafter “SRMR”), the Single Resolution Board (hereafter “SRB”) has determined the 2022 ex-ante contribution for all the institutions as defined in Article 2 of the SRMR 1 (see Annex 1).</p>\n<p>to Regulation (EU) No 806/2014 of the European Parliament and of the Council</p>\n<p>The amounts are due by 15 June 2023. Pursuant to Article 2 of the law of 18 December 2015 implementing the agreement on the transfer and mutualisation of contributions to the Single Resolution Fund 2, the concerned credit institutions have to transfer upon instruction given by the CSSF, the requested amounts to an account of the Fonds de résolution Luxembourg, which in return will transfer the collected amounts to the Single Resolution Fund (hereafter “SRF”). The individual invoices (see Annex 4) will be distributed by the CSSF in the coming days. The computation is based on:</p>\n<p>Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (hereafter “DR”)</p>\n<p>Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex ante contributions to the Single Resolution Fund (hereafter “CR”)</p>\n<p>All credit institutions established in Luxembourg with the exception of the branches established in Luxembourg by a credit institution which has its head office outside the EU. Branches established in Luxembourg by a credit institution having its head office in another Member State, participating or not participating, are covered by their head office. Law of 18 December 2015 implementing the agreement on the transfer and mutualisation of contributions to the Single Resolution Fund signed in Brussels on 21 May 2015.</p>\n<p>The amount to be paid has been calculated pursuant to the following provisions: • • • • • •</p>\n<p>2023 contribution – risk adjusted (Articles 5 to 9 DR) or 2023 contribution – lump-sum (Article 8(5) CR) or 2023 contribution – lump-sum (Article 10 DR) minus the remaining 2015 contribution (deduction according to Article 8(2) CR) (where applicable) plus/minus data adjustments concerning previous years (Article 17(3) and (4) DR) (where applicable) plus partial contribution of newly supervised institutions (Article 12(1) DR)</p>\n<p>The 2023 ex-ante contribution has been determined by taking into account the data provided by the credit institutions according to Circular CSSF-CODERES 22/15. In Annex 1 the SRB describes the details of the calculation. After careful consideration of several factors detailed in Annex 1, the SRB concludes that, despite the deceleration of the growth rate of covered deposits observed in 2022, it is nonetheless reasonable to expect continued growth in covered deposit levels in the Banking Union in 2023, i.e., an estimated growth rate of 4.5%.</p>\n<p>The text above is the opening of the document; the PDF carries the whole.</p>\n<p><a href=\"https://www.cssf.lu/en/Document/circular-cssf-coderes-23-16/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/CSSF-CODERES_23_16.pdf\" target=\"_blank\" rel=\"noreferrer\">PDF</a>. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.</p>"}