+TITLE II REPORTS AND REVIEWS
---+Article 501c Prudential treatment of exposures to environmental or social factors
------+Article 501c 1.
------+Article 501c 2.
---+Article 501d Transitional provisions on the prudential treatment of crypto-assets
------+Article 501d 1.
------+Article 501d 2.
------+Article 501d 3.
------+Article 501d 4.
------+Article 501d 5.
------+Article 501d 6.
---+Article 502 Cyclicality of capital requirements
---+Article 503 Own funds requirements for exposures in the form of covered bonds
------+Article 503 1.
------+Article 503 2.
------+Article 503 3.
------+Article 503 4.
---+Article 504 Capital instruments subscribed by public authorities in emergency situations
---+Article 504a Holdings of eligible liabilities instruments
---+Article 505 Review of agricultural financing
------+Article 505 1.
------+Article 505 2.
------+Article 505 3.
---+Article 506 Credit risk — credit insurance
---+Article 506a CIUs with an underlying portfolio of euro area sovereign bonds
---+Article 506b NPE securitisations
------+Article 506b 1.
------+Article 506b 2.
---+Article 506c Credit risk — interaction between Common Equity Tier 1 capital reductions and credit risk parameters
---+Article 506d Prudential treatment of securitisation
------+Article 506d 1.
------+Article 506d 2.
------+Article 506d 3.
---+Article 506e Recognition of capped or floored unfunded credit protection
------+Article 506e 1.
------+Article 506e 2.
---+Article 506f Prudential treatment of securities financing transactions
---+Article 507 Large exposures
------+Article 507 1.
------+Article 507 2.
---+Article 508 Level of application
---+Article 509 Liquidity requirements
------+Article 509 1.
------+Article 509 2.
------+Article 509 3.
------+Article 509 4.
------+Article 509 5.
---+Article 510 Net Stable Funding Requirements
------+Article 510 1.
------+Article 510 2.
------+Article 510 3.
------+Article 510 4.
------+Article 510 5.
------+Article 510 6.
------+Article 510 9.
------+Article 510 10.
------+Article 510 11.
---+Article 511 Leverage
------+Article 511 1.
------+Article 511 2.
---+Article 512 Exposures to transferred credit risk
---+Article 513 Macroprudential rules
------+Article 513 1.
------+Article 513 2.
---+Article 514 Method for the calculation of the exposure value of derivative transactions
------+Article 514 1.
------+Article 514 2.
---+Article 515 Monitoring and evaluation
------+Article 515 1.
------+Article 515 2.
------+Article 515 3.
---+Article 516 Long-term financing
---+Article 517 Definition of eligible capital
---+Article 518 Review of capital instruments which may be written down or converted at the point of non-viability
---+Article 518a Review of cross-default provisions
---+Article 518b Report on overshootings and supervisory powers to limit distributions
---+Article 518c Review of the framework for prudential requirements
---+Article 519 Deduction of defined benefit pension fund assets from Common Equity Tier 1 items
---+Article 519a Reporting and review
---+Article 519b Own funds requirements for market risk
------+Article 519b 1.
------+Article 519b 2.
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TITLE II REPORTS AND REVIEWS
TITLE II REPORTS AND REVIEWS
1. Overview
| Summary |
Regulation |
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Article 501c Prudential treatment of exposures to environmental or social factors
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-
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Article 501d Transitional provisions on the prudential treatment of crypto-assets
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-
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Article 502 Cyclicality of capital requirements
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Article 502
Cyclicality of capital requirements
The Commission, in cooperation with EBA, ESRB and the Member States, and taking into account the opinion of the ECB, shall periodically monitor whether this Regulation taken as a whole, together with Directive 2013/36/EU, has significant effects on the economic cycle and, in the light of that examination, shall consider whether any remedial measures are justified.
By 31 December 2013, EBA shall report to the Commission on whether, and if so how, methodologies of institutions under the IRB Approach should converge with a view to more comparable capital requirements while mitigating pro-cyclicality.
Based on that analysis and taking into account the opinion of the ECB, the Commission shall draw up a biennial report and submit it to the European Parliament and to the Council, together with any appropriate proposals. Contributions from credit taking and credit lending parties shall be adequately acknowledged when the report is drawn up.
By 31 December 2014, the Commission shall review, and report on, the application of Article 33(1)(c) and shall submit that report to the European Parliament and the Council, together with a legislative proposal, if appropriate.
With respect to the potential deletion of Article 33(1)(c) and its potential application at the Union level, the review shall in particular ensure that sufficient safeguards are in place to ensure financial stability in all Member States.
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Article 503 Own funds requirements for exposures in the form of covered bonds
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-
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Article 504 Capital instruments subscribed by public authorities in emergency situations
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Article 504
Capital instruments subscribed by public authorities in emergency situations
The Commission shall, by 31 December 2016, after consulting EBA, report to the European Parliament and the Council, together with any appropriate proposals, whether the treatment set out in Article 31 needs to be amended or deleted.
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Article 504a Holdings of eligible liabilities instruments
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Article 504a
Holdings of eligible liabilities instruments
By 28 June 2022, EBA shall report to the Commission on the amounts and distribution of holdings of eligible liabilities instruments among institutions identified as G-SIIs or O-SIIs and on potential impediments to resolution and the risk of contagion in relation to those holdings.
Based on the report by EBA the Commission shall, by 28 June 2023, report to the European Parliament and to the Council on the appropriate treatment of such holdings, accompanied by a legislative proposal, where appropriate.
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Article 505 Review of agricultural financing
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-
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Article 506 Credit risk — credit insurance
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Article 506
Credit risk — credit insurance
By 30 June 2024, EBA shall, in close cooperation with EIOPA, report to the Commission on the eligibility and use of credit insurance policy as a credit risk mitigation technique, including on:
(a)
the appropriateness of the associated risk parameters referred to in Part Three, Title II, Chapters 3 and 4;
(b)
an analysis of the effective and observed riskiness of credit risk exposures where a credit insurance was recognised as a credit risk mitigation technique;
(c)
the consistency of own funds requirements laid down in this Regulation with the outcomes of the analysis under points (a) and (b).
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal to amend the treatment applicable to credit insurance referred to in Part Three, Title II, by 31 December 2024.
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Article 506a CIUs with an underlying portfolio of euro area sovereign bonds
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Article 506a
CIUs with an underlying portfolio of euro area sovereign bonds
In close cooperation with the ESRB and EBA, the Commission shall publish a report by 31 December 2021 in which it shall assess whether changes to the regulatory framework are needed to promote the market for, and bank purchases of, exposures in the form of units or shares in CIUs with an underlying portfolio consisting exclusively of sovereign bonds of Member States whose currency is the euro, where the relative weight of each Member States’ sovereign bonds in the total portfolio of the CIU is equal to the relative weight of each Member States’ capital contribution to the ECB.
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Article 506b NPE securitisations
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-
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Article 506c Credit risk — interaction between Common Equity Tier 1 capital reductions and credit risk parameters
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Article 506c
Credit risk — interaction between Common Equity Tier 1 capital reductions and credit risk parameters
By 31 December 2026, EBA shall report to the Commission on the consistency between the current measurement of credit risk and the individual credit risk parameters and on the treatment of any adjustments for the purpose of the computation of the IRB shortfall or IRB excess as referred to in Article 159, and on its consistency with the determination of the exposure value in accordance with Article 166 and with the estimation of LGD.
That report shall consider the maximum possible economic loss arising from a default event along with its achieved coverage in terms of Common Equity Tier 1 capital reductions, taking into account any accounting-based Common Equity Tier 1 capital reductions, including from expected credit losses or fair value adjustments, and any discounts on received exposures, and their implications for regulatory deductions.
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Article 506d Prudential treatment of securitisation
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-
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Article 506e Recognition of capped or floored unfunded credit protection
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-
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Article 506f Prudential treatment of securities financing transactions
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Article 506f
Prudential treatment of securities financing transactions
By 10 July 2026, EBA shall report to the Commission on the impact of the new framework for securities financing transactions in terms of own funds requirements attributed to the corresponding securities financing transactions which are by nature very short-term activities, with a particular focus on its possible impact on sovereign debt markets in terms of market making capacity and cost.
EBA shall assess whether a recalibration of the associated risk weights in the standardised approach is appropriate, given the associated risks with respect to short-term maturities, specifically for residual maturities below one year.
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December 2027.
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Article 507 Large exposures
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-
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Article 508 Level of application
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Article 508
1.
By 31 December 2014, the Commission shall review, and report on, the application of Part One, Title II, and Article 113(6) and (7) and shall submit that report to the European Parliament and the Council, together with a legislative proposal, if appropriate.
▼M9 —————
▼C2
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Article 509 Liquidity requirements
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-
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Article 510 Net Stable Funding Requirements
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-
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Article 511 Leverage
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-
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Article 512 Exposures to transferred credit risk
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Article 512
Exposures to transferred credit risk
By 31 December 2014, the Commission shall report to the European Parliament and the Council on the application and effectiveness of the provisions of Part Five in the light of international market developments.
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Article 513 Macroprudential rules
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-
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Article 514 Method for the calculation of the exposure value of derivative transactions
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-
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Article 515 Monitoring and evaluation
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-
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Article 516 Long-term financing
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Article 516
By 31 December 2015, the Commission shall report on the impact of this Regulation on the encouragement of long-term investments in growth promoting infrastructure.
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Article 517 Definition of eligible capital
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Article 517
Definition of eligible capital
By 31 December 2014, the Commission shall review, and report on, the appropriateness of the definition of eligible capital being applied for the purposes of Title III of Part Two and Part Four and shall submit that report to the European Parliament and the Council, and, if appropriate, a legislative proposal.
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Article 518 Review of capital instruments which may be written down or converted at the point of non-viability
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Article 518
Review of capital instruments which may be written down or converted at the point of non-viability
By 31 December 2015, the Commission shall review, and report on, whether this Regulation should contain a requirement that Additional Tier 1 or Tier 2 capital instruments are to be written down in the event of a determination that an institution is no longer viable. The Commission shall submit that report to the European Parliament and the Council, together with a legislative proposal, if appropriate.
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Article 518a Review of cross-default provisions
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Article 518a
Review of cross-default provisions
By 28 June 2022, the Commission shall review and assess whether it is appropriate to require that eligible liabilities may be bailed-in without triggering cross-default clauses in other contracts, with a view to reinforcing as much as possible the effectiveness of the bail-in tool and to assessing whether a no-cross-default provision referring to eligible liabilities should be included in the terms or contracts governing other liabilities. Where appropriate, that review and assessment shall be accompanied by a legislative proposal.
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Article 518b Report on overshootings and supervisory powers to limit distributions
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Article 518b
Report on overshootings and supervisory powers to limit distributions
By 31 December 2021, the Commission shall report to the European Parliament and to the Council on whether exceptional circumstances that trigger serious economic disturbance in the orderly functioning and integrity of financial markets justify:
(a)
during such periods, permitting competent authorities to exclude from institutions’ market risk internal models overshootings that do not result from deficiencies in those models;
(b)
during such periods, granting additional binding powers to competent authorities to impose restrictions on distributions by institutions.
The Commission shall consider further measures, if appropriate.
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Article 518c Review of the framework for prudential requirements
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Article 518c
Review of the framework for prudential requirements
By 31 December 2028, the Commission shall assess the overall situation of the banking system in the single market, in close cooperation with EBA and the ECB, and report to the European Parliament and to the Council on the appropriateness of the Union regulatory and supervisory frameworks for banking.
That report shall take stock of the reforms to the banking sector which took place after the great financial crisis and assess whether these ensure an adequate level of depositor protection and safeguard financial stability at Member State, banking union and Union level.
That report shall also consider all banking union dimensions, as well as the implementation of the output floor as part of capital and liquidity requirements more generally. In that regard, the Commission shall duly consider the corresponding statements and conclusions on the banking union of both the European Parliament and the European Council.
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Article 519 Deduction of defined benefit pension fund assets from Common Equity Tier 1 items
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Article 519
Deduction of defined benefit pension fund assets from Common Equity Tier 1 items
By 30 June 2014, EBA shall prepare a report on whether the revised IAS 19 in conjunction with the deduction of net pension assets as set out in Article 36(1)(e) and changes in the net pension liabilities lead to undue volatility of institutions' own funds.
Taking into account the EBA report, the Commission shall by, 31 December 2014 prepare a report for the European Parliament and the Council on the issue referred to in the first paragraph, together with a legislative proposal, if appropriate, to introduce a treatment which adjusts defined net benefit pension fund assets or liabilities for the calculation of own funds.
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Article 519a Reporting and review
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Article 519a
By 1 January 2022, the Commission shall report to the European Parliament and the Council on the application of the provisions in Chapter 5 of Title II of Part Three in the light of developments in securitisation markets, including from a macroprudential and economic perspective. That report shall, if appropriate, be accompanied by a legislative proposal and shall, in particular, assess the following points:
(a)
the impact of the hierarchy of methods set out in Article 254 and of the calculation of the risk-weighted exposure amounts of securitisation positions set out in Articles 258 to 266 on issuance and investment activity by institutions in securitisation markets in the Union;
(b)
the effects on the financial stability of the Union and Member States, with a particular focus on potential immovable property market speculation and increased interconnection between financial institutions;
(c)
what measures would be warranted to reduce and counter any negative effects of securitisation on financial stability while preserving its positive effect on financing, including the possible introduction of a maximum limit on exposure to securitisations; and
(d)
the effects on the ability of financial institutions to provide a sustainable and stable funding channel to the real economy, with particular attention to SMEs; and
▼M13
(e)
how environmental sustainability criteria could be integrated into the securitisation framework, including for exposures to NPE securitisations.
▼M5
The report shall also take into account regulatory developments in international fora, in particular those relating to international standards on securitisation.
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Article 519b Own funds requirements for market risk
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1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
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