Requirement to disclose each individual instrument in the disclosure of capital instruments' main features

Article 437(2) of Regulation (EU) No. 575/2013 (CRR) entrusts the EBA with the development of implementing technical standards to specify uniform templates for disclosure of, among others, the description of the main features of the Common Equity Tier 1 and Additional Tier 1 instruments and Tier 2 instruments issued by the institution. Article 4 of the ITS (Commission Implementing Regulation (EU) No 1423/2013) deals with the main features template, included in Annex II of the ITS. Annex III lays down the instructions for the disclosure in the templates in Annex II. In particular it provides the possibility for institutions to fill in one column for several instruments when those instruments have "identical features" in order to simplify a disclosure in cases of multiple but identical issuances. This provision is intended only for practical reasons and should not be used to avoid disclosure for instruments that would be considered as non-material. Indeed, Article 432 of the CRR expressly forbids the non-disclosure on the ground of non-materiality of any information required by Article 437 of the CRR, which covers information on the main features of capital instruments. By way of example as to how this provision may be used, if two issuances have identical features - but one is in euros and the other one in dollars - one may fill in only one column, with two ISIN codes. In addition, aggregation may also make sense for fungible instruments that are issued in a lot of small issuances.