22. The competent authority should assess whether the breach was caused by reasons beyond the …

The competent authority should assess whether the breach was caused by reasons beyond the control of the institution. This could at least be assumed in the following cases:

• a. An unexpected and substantial decrease of own funds of the institution, including due to the impact of major operational risk events, such as external fraud, natural disaster or pandemic, that are not linked to a failure of the institution’s internal control mechanisms.
• b. In cases where an exposure (fully or partially) exempted ceases to be eligible for such an exemption due to a decision of a third party that could not have been anticipated or prevented by the institution.
• c. A court ruling or administrative decision that leads to a different interpretation of the applicable large exposures regulatory framework where the institution has not had sufficient time to implement it such as to prevent a breach of the limits of Article 395(1) of Regulation (EU) No 575/2013.
• d. The merger of counterparties/clients or acquisitions between counterparties/clients, but only in cases when the institution did not have knowledge of or could not have anticipated this merger or acquisition to prevent a breach.

1. Overview

1.1 References

• Article 395 1.

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

• EBA - Published by the European Banking Authority at https://www.eba.europa.eu/