Council of the European Union and European Parliament 26 June 2013, 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 amending Regulation (EU) No 648/2012 Text with EEA relevance Also known as
Regulation (EU) No 575/2013 establishes uniform prudential requirements for credit institutions and investment firms, focusing on the quantity and quality of own funds, liquidity risk, and leverage limits. Key provisions include standardized rules for calculating risk-weighted assets, large exposure limits, and reporting and public disclosure obligations to ensure financial stability and a level playing field within the internal market. The Regulation is directly applicable in all Member States and is intended to be read alongside Directive 2013/36/EU to form the Union's single rulebook for financial supervision.AI
European Union ·
Table of Contents PART ONE. GENERAL PROVISIONS TITLE I. SUBJECT MATTER, SCOPE AND DEFINITIONS Article 1. Scope Article 2. Supervisory powers Article 3. Application of stricter requirements by institutions Article 4. Definitions Article 5. Definitions specific to capital requirements for credit risk TITLE II. LEVEL OF APPLICATION OF REQUIREMENTS CHAPTER 1. Application of requirements on an individual basis Article 6. General principles Article 7. Derogation to the application of prudential requirements on an individual basis Article 8. Derogation to the application of liquidity requirements on an individual basis Article 9. Individual consolidation method Article 10. Waiver for credit institutions permanently affiliated to a central body CHAPTER 2. Prudential consolidation Section 1. Application of requirements on a consolidated basis Article 11. General treatment Article 12. Financial holding company or mixed financial holding company with both a subsidiary credit institution and a subsidiary investment firm Article 13. Application of disclosure requirements on a consolidated basis Article 14. Application of requirements of Part Five on a consolidated basis Article 15. Derogation to the application of own funds requirements on a consolidated basis for groups of investment firms Article 16. Derogation to the application of the leverage ratio requirements on a consolidated basis for groups of investment firms Article 17. Supervision of investment firms waived from the application of own funds requirements on a consolidated basis Section 2. Methods for prudential consolidation Article 18. Methods for prudential consolidation Section 3. Scope of prudential consolidation Article 19. Entities excluded from the scope of prudential consolidation Article 20. Joint decisions on prudential requirements Article 21. Joint decisions on the level of application of liquidity requirements Article 22. Sub-consolidation in cases of entities in third countries Article 23. Undertakings in third countries Article 24. Valuation of assets and off-balance sheet items PART TWO. OWN FUNDS TITLE I. ELEMENTS OF OWN FUNDS CHAPTER 1. Tier 1 capital Article 25. Tier 1 capital CHAPTER 2. Common Equity Tier 1 capital Section 1. Common equity tier 1 items and instruments Article 26. Common Equity Tier 1 items Article 27. Capital instruments of mutuals, cooperative societies, savings institutions or similar institutions in Common Equity Tier 1 items Article 28. Common Equity Tier 1 instruments Article 29. Capital instruments issued by mutuals, cooperative societies, savings institutions and similar institutions Article 30. Consequences of the conditions for Common Equity Tier 1 instruments ceasing to be met Article 31. Capital instruments subscribed by public authorities in emergency situations Section 2. Prudential filters Article 32. Securitised assets Article 33. Cash flow hedges and changes in the value of own liabilities Article 34. Additional value adjustments Article 35. Unrealised gains and losses measured at fair value Section 3. Deductions from common equity tier 1 items, exemptions and alternatives Sub-Section 1. Deductions from Common Equity Tier 1 items Article 36. Deductions from Common Equity Tier 1 items Article 37. Deduction of intangible assets Article 38. Deduction of deferred tax assets that rely on future profitability Article 39. Tax overpayments, tax loss carry backs and deferred tax assets that do not rely on future profitability Article 40. Deduction of negative amounts resulting from the calculation of expected loss amounts Article 41. Deduction of defined benefit pension fund assets Article 42. Deduction of holdings of own Common Equity Tier 1 instruments Article 43. Significant investment in a financial sector entity Article 44. Deduction of holdings of Common Equity Tier 1 instruments of financial sector entities and where an institution has a reciprocal cross holding designed artificially to inflate own funds Article 45. Deduction of holdings of Common Equity Tier 1 instruments of financial sector entities Article 46. Deduction of holdings of Common Equity Tier 1 instruments where an institution does not have a significant investment in a financial sector entity Article 47. Deduction of holdings of Common Equity Tier 1 instruments where an institution has a significant investment in a financial sector entity Sub-Section 2. Exemptions from and alternatives to deduction from Common Equity Tier 1 items Article 48. Threshold exemptions from deduction from Common Equity Tier 1 items Article 49. Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied Section 4. Common equity tier 1 capital Article 50. Common Equity Tier 1 capital CHAPTER 3. Additional Tier 1 capital Section 1. Additional tier 1 items and instruments Article 51. Additional Tier 1 items Article 52. Additional Tier 1 instruments Article 53. Restrictions on the cancellation of distributions on Additional Tier 1 instruments and features that could hinder the recapitalisation of the institution Article 54. Write down or conversion of Additional Tier 1 instruments Article 55. Consequences of the conditions for Additional Tier 1 instruments ceasing to be met Section 2. Deductions from additional tier 1 items Article 56. Deductions from Additional Tier 1 items Article 57. Deductions of holdings of own Additional Tier 1 instruments Article 58. Deduction of holdings of Additional Tier 1 instruments of financial sector entities and where an institution has a reciprocal cross holding designed artificially to inflate own funds Article 59. Deduction of holdings of Additional Tier 1 instruments of financial sector entities Article 60. Deduction of holdings of Additional Tier 1 instruments where an institution does not have a significant investment in a financial sector entity Section 3. Additional Tier 1 capital Article 61. Additional Tier 1 capital CHAPTER 4. Tier 2 capital Section 1. Tier 2 items and instruments Article 62. Tier 2 items Article 63. Tier 2 instruments Article 64. Amortisation of Tier 2 instruments Article 65. Consequences of the conditions for Tier 2 instruments ceasing to be met Section 2. Deductions from tier 2 items Article 66. Deductions from Tier 2 items Article 67. Deductions of holdings of own Tier 2 instruments Article 68. Deduction of holdings of Tier 2 instruments of financial sector entities and where an institution has a reciprocal cross holding designed artificially to inflate own funds Article 69. Deduction of holdings of Tier 2 instruments of financial sector entities Article 70. Deduction of Tier 2 instruments where an institution does not have a significant investment in a relevant entity Section 3. Tier 2 capital Article 71. Tier 2 capital CHAPTER 5. Own funds Article 72. Own funds CHAPTER 6. General requirements Article 73. Distributions on own funds instruments Article 74. Holdings of capital instruments issued by regulated financial sector entities that do not qualify as regulatory capital Article 75. Deduction and maturity requirements for short positions Article 76. Index holdings of capital instruments Article 77. Conditions for reducing own funds Article 78. Supervisory permission for reducing own funds Article 79. Temporary waiver from deduction from own funds Article 80. Continuing review of quality of own funds TITLE II. MINORITY INTEREST AND ADDITIONAL TIER 1 AND TIER 2 INSTRUMENTS ISSUED BY SUBSIDIARIES Article 81. Minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital Article 82. Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds Article 83. Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity Article 84. Minority interests included in consolidated Common Equity Tier 1 capital Article 85. Qualifying Tier 1 instruments included in consolidated Tier 1 capital Article 86. Qualifying Tier 1 capital included in consolidated Additional Tier 1 capital Article 87. Qualifying own funds included in consolidated own funds Article 88. Qualifying own funds instruments included in consolidated Tier 2 capital TITLE III. QUALIFYING HOLDINGS OUTSIDE THE FINANCIAL SECTOR Article 89. Risk weighting and prohibition of qualifying holdings outside the financial sector Article 90. Alternative to 1 250 % risk weight Article 91. Exceptions PART THREE. CAPITAL REQUIREMENTS TITLE I. GENERAL REQUIREMENTS, VALUATION AND REPORTING CHAPTER 1. Required level of own funds Section 1. Own funds requirements for institutions Article 92. Own funds requirements Article 93. Initial capital requirement on going concern Article 94. Derogation for small trading book business Section 2. Own funds requirements for investment firms with limited authorisation to provide investment services Article 95. Own funds requirements for investment firms with limited authorisation to provide investment services Article 96. Own funds requirements for investment firms which hold initial capital as laid down in Article 28(2) of Directive 2013/36/EU Article 97. Own Funds based on Fixed Overheads Article 98. Own funds for investment firms on a consolidated basis CHAPTER 2. Calculation and reporting requirements Article 99. Reporting on own funds requirements and financial information Article 100. Additional reporting requirements Article 101. Specific reporting obligations CHAPTER 3. Trading book Article 102. Requirements for the Trading Book Article 103. Management of the trading book Article 104. Inclusion in the Trading Book Article 105. Requirements for Prudent Valuation Article 106. Internal Hedges TITLE II. CAPITAL REQUIREMENTS FOR CREDIT RISK CHAPTER 1. General principles Article 107. Approaches to credit risk Article 108. Use of credit risk mitigation technique under the Standardised Approach and the IRB Approach Article 109. Treatment of securitised exposures under the Standardised Approach and the IRB Approach Article 110. Treatment of credit risk adjustment CHAPTER 2. Standardised Approach Section 1. General principles Article 111. Exposure value Article 112. Exposure classes Article 113. Calculation of risk weighted exposure amounts Section 2. Risk weights Article 114. Exposures to central governments or central banks Article 115. Exposures to regional governments or local authorities Article 116. Exposures to public sector entities Article 117. Exposures to multilateral development banks Article 118. Exposures to international organisations Article 119. Exposures to institutions Article 120. Exposures to rated institutions Article 121. Exposures to unrated institutions Article 122. Exposures to corporates Article 123. Retail exposures Article 124. Exposures secured by mortgages on immovable property Article 125. Exposures fully and completely secured by mortgages on residential property Article 126. Exposures fully and completely secured by mortgages on commercial immovable property Article 127. Exposures in default Article 128. Items associated with particular high risk Article 129. Exposures in the form of covered bonds Article 130. Items representing securitisation positions Article 131. Exposures to institutions and corporates with a short-term credit assessment Article 132. Exposures in the form of units or shares in CIUs Article 133. Equity exposures Article 134. Other items Section 3. Recognition and mapping of credit risk assessment Sub-Section 1. Recognition of ECAIs Article 135. Use of credit assessments by ECAIs Sub-Section 2. Mapping of ECAI's credit assessments Article 136. Mapping of ECAI's credit assessments Sub-Section 3. Use of credit assessments by Export Credit Agencies Article 137. Use of credit assessments by Export Credit Agencies Section 4. Use of the ecai credit assessments for the determination of risk weights Article 138. General requirements Article 139. Issuer and issue credit assessment Article 140. Long-term and short-term credit assessments Article 141. Domestic and foreign currency items CHAPTER 3. Internal Ratings Based Approach Section 1. Permission by competent authorities to use the irb approach Article 142. Definitions Article 143. Permission to use the IRB Approach Article 144. Competent authorities' assessment of an application to use an IRB Approach Article 145. Prior experience of using IRB approaches Article 146. Measures to be taken where the requirements of this Chapter cease to be met Article 147. Methodology to assign exposure to exposures classes Article 148. Conditions for implementing the IRB Approach across different classes of exposure and business units Article 149. Conditions to revert to the use of less sophisticated approaches Article 150. Conditions for permanent partial use Section 2. Calculation of risk weighted exposure amounts Sub-Section 1. Treatment by type of exposure class Article 151. Treatment by exposure class Article 152. Treatment of exposures in the form of units or shares in CIUs Sub-Section 2. Calculation of risk weighted exposure amounts for credit risk Article 153. Risk weighted exposure amounts for exposures to corporates, institutions and central governments and central banks Article 154. Risk weighted exposure amounts for retail exposures Article 155. Risk weighted exposure amounts for equity exposures Article 156. Risk weighted exposure amounts for other non credit-obligation assets Sub-Section 3. Calculation of risk weighted exposure amounts for dilution risk of purchased receivables Article 157. Risk weighted exposure amounts for dilution risk of purchased receivables Section 3. Expected loss amounts Article 158. Treatment by exposure type Article 159. Treatment of expected loss amounts Section 4. PD, LGD and maturity Sub-Section 1. Exposures to corporates, institutions and central governments and central banks Article 160. Probability of default (PD) Article 161. Loss Given Default (LGD) Article 162. Maturity Sub-Section 2. Retail exposures Article 163. Probability of default (PD) Article 164. Loss Given Default (LGD) Sub-Section 3. Equity exposures subject to PD/LGD method Article 165. Equity exposures subject to the PD/LGD method Section 5. Exposure value Article 166. Exposures to corporates, institutions, central governments and central banks and retail exposures Article 167. Equity exposures Article 168. Other non credit-obligation assets Section 6. Requirements for the IRB approach Sub-Section 1. Rating systems Article 169. General principles Article 170. Structure of rating systems Article 171. Assignment to grades or pools Article 172. Assignment of exposures Article 173. Integrity of assignment process Article 174. Use of models Article 175. Documentation of rating systems Article 176. Data maintenance Article 177. Stress tests used in assessment of capital adequacy Sub-Section 2. Risk quantification Article 178. Default of an obligor Article 179. Overall requirements for estimation Article 180. Requirements specific to PD estimation Article 181. Requirements specific to own-LGD estimates Article 182. Requirements specific to own-conversion factor estimates Article 183. Requirements for assessing the effect of guarantees and credit derivatives for exposures to corporates, institutions and central governments and central banks where own estimates of LGD are used and retail exposures Article 184. Requirements for purchased receivables Sub-Section 3. Validation of internal estimates Article 185. Validation of internal estimates Sub-Section 4. Requirements for equity exposures under the internal models approach Article 186. Own funds requirement and risk quantification Article 187. Risk management process and controls Article 188. Validation and documentation Sub-Section 5. Internal governance and oversight Article 189. Corporate Governance Article 190. Credit risk control Article 191. Internal Audit CHAPTER 4. Credit risk mitigation Section 1. Definitions and general requirements Article 192. Definitions Article 193. Principles for recognising the effect of credit risk mitigation techniques Article 194. Principles governing the eligibility of credit risk mitigation techniques Section 2. Eligible forms of credit risk mitigation Sub-Section 1. Funded credit protection Article 195. On-balance sheet netting Article 196. Master netting agreements covering repurchase transactions or securities or commodities lending or borrowing transactions or other capital market-driven transactions Article 197. Eligibility of collateral under all approaches and methods Article 198. Additional eligibility of collateral under the Financial Collateral Comprehensive Method Article 199. Additional eligibility for collateral under the IRB Approach Article 200. Other funded credit protection Sub-Section 2. Unfunded credit protection Article 201. Eligibility of protection providers under all approaches Article 202. Eligibility of protection providers under the IRB Approach which qualify for the treatment set out in Article 153(3) Article 203. Eligibility of guarantees as unfunded credit protection Sub-Section 3. Types of derivatives Article 204. Eligible types of credit derivatives Section 3. Requirements Sub-Section 1. Funded credit protection Article 205. Requirements for on-balance sheet netting agreements other than master netting agreements referred to in Article 206 Article 206. Requirements for master netting agreements covering repurchase transactions or securities or commodities lending or borrowing transactions or other capital market driven transactions Article 207. Requirements for financial collateral Article 208. Requirements for immovable property collateral Article 209. Requirements for receivables Article 210. Requirements for other physical collateral Article 211. Requirements for treating lease exposures as collateralised Article 212. Requirements for other funded credit protection Sub-Section 2. Unfunded credit protection and credit linked notes Article 213. Requirements common to guarantees and credit derivatives Article 214. Sovereign and other public sector counter-guarantees Article 215. Additional requirements for guarantees Article 216. Additional requirements for credit derivatives Article 217. Requirements to qualify for the treatment set out in Article 153(3) Section 4. Calculating the effects of credit risk mitigation Sub-Section 1. Funded credit protection Article 218. Credit linked notes Article 219. On-balance sheet netting Article 220. Using the Supervisory Volatility Adjustments Approach or the Own Estimates Volatility Adjustments Approach for master netting agreements Article 221. Using the Internal Models Approach for Master netting agreements Article 222. Financial Collateral Simple Method Article 223. Financial Collateral Comprehensive Method Article 224. Supervisory volatility adjustment under the Financial Collateral Comprehensive Method Article 225. Own estimates of volatility adjustments under the Financial Collateral Comprehensive Method Article 226. Scaling up of volatility adjustment under the Financial Collateral Comprehensive method Article 227. Conditions for applying a 0 % volatility adjustment under the Financial Collateral Comprehensive method Article 228. Calculating risk-weighted exposure amounts and expected loss amounts under the Financial Collateral Comprehensive method Article 229. Valuation principles for other eligible collateral under the IRB Approach Article 230. Calculating risk-weighted exposure amounts and expected loss amounts for other eligible collateral under the IRB Approach Article 231. Calculating risk-weighted exposure amounts and expected loss amounts in the case of mixed pools of collateral Article 232. Other funded credit protection Sub-Section 2. Unfunded credit protection Article 233. Valuation Article 234. Calculating risk-weighted exposure amounts and expected loss amounts in the event of partial protection and tranching Article 235. Calculating risk-weighted exposure amounts under the Standardised Approach Article 236. Calculating risk-weighted exposure amounts and expected loss amounts under the IRB Approach Section 5. Maturity mismatches Article 237. Maturity mismatch Article 238. Maturity of credit protection Article 239. Valuation of protection Section 6. Basket CRM techniques Article 240. First-to-default credit derivatives Article 241. Nth-to-default credit derivatives CHAPTER 5. Securitisation Section 1. Definitions Article 242. Definitions Section 2. Recognition of significant risk transfer Article 243. Traditional securitisation Article 244. Synthetic securitisation Section 3. Calculation of the risk weighted exposure amounts Sub-Section 1. Principles Article 245. Calculation of risk-weighted exposure amounts Article 246. Exposure value Article 247. Recognition of credit risk mitigation for securitisation positions Article 248. Implicit support Sub-Section 2. Originator institutions' calculation of risk-weighted exposure amounts securitised in a synthetic securitisation Article 249. General treatment Article 250. Treatment of maturity mismatches in synthetic securitisations Sub-Section 3. Calculation of risk-weighted exposure amounts under the Standardised Approach Article 251. Risk-weights Article 252. Originator and sponsor institutions Article 253. Treatment of unrated positions Article 254. Treatment of securitisation positions in a second loss tranche or better in an ABCP programme Article 255. Treatment of unrated liquidity facilities Article 256. Additional own funds requirements for securitisations of revolving exposures with early amortisation provisions Article 257. Credit risk mitigation for securitisation positions subject to the Standardised Approach Article 258. Reduction in risk-weighted exposure amounts Sub-Section 4. Calculation of risk-weighted exposure amounts under the IRB Approach Article 259. Hierarchy of methods Article 260. Maximum risk-weighted exposure amounts Article 261. Ratings Based Method Article 262. Supervisory Formula Method Article 263. Liquidity Facilities Article 264. Credit risk mitigation for securitisation positions subject to the IRB Approach Article 265. Additional own funds requirements for securitisations of revolving exposures with early amortisation provisions Article 266. Reduction in risk-weighted exposure amounts Section 4. External credit assessments Article 267. Use of Credit Assessments by ECAIs Article 268. Requirements to be met by the credit assessments of ECAIs Article 269. Use of credit assessments Article 270. Mapping CHAPTER 6. Counterparty credit risk Section 1. Definitions Article 271. Determination of the exposure value Article 272. Definitions Section 2. Methods for calculating the exposure value Article 273. Methods for calculating the exposure value Section 3. Mark – to – market Method Article 274. Mark-to-market Method Section 4. Original Exposure Method Article 275. Original Exposure Method Section 5. Standardised Method Article 276. Standardised Method Article 277. Transactions with a linear risk profile Article 278. Transactions with a non-linear risk profile Article 279. Treatment of Collateral Article 280. Calculation of risk positions Article 281. Interest rate risk positions Article 282. Hedging sets Section 6. Internal Model Method Article 283. Permission to use the Internal Model Method Article 284. Exposure value Article 285. Exposure value for netting sets subject to a margin agreement Article 286. Management of CCR – Policies, processes and systems Article 287. Organisation structures for CCR management Article 288. Review of CCR management system Article 289. Use test Article 290. Stress testing Article 291. Wrong-Way Risk Article 292. Integrity of the modelling process Article 293. Requirements for the risk management system Article 294. Validation requirements Section 7. Contractual netting Article 295. Recognition of contractual netting as risk-reducing Article 296. Recognition of contractual netting agreements Article 297. Obligations of institutions Article 298. Effects of recognition of netting as risk-reducing Section 8. Items in the trading book Article 299. Items in the trading book Section 9. Own funds requirements for exposures to a central counterparty Article 300. Definitions Article 301. Material scope Article 302. Monitoring of exposures to CCPs Article 303. Treatment of clearing members' exposures to CCPs Article 304. Treatment of clearing members' exposures to clients Article 305. Treatment of clients' exposures Article 306. Own funds requirements for trade exposures Article 307. Own funds requirements for pre-funded contributions to the default fund of a CCP Article 308. Own funds requirements for pre-funded contributions to the default fund of a QCCP Article 309. Own funds requirements for pre-funded contributions to the default fund of a non-qualifying CCP and for unfunded contributions to a non-qualifying CCP Article 310. Alternative calculation of own funds requirement for exposures to a QCCP Article 311. Own funds requirements for exposures to CCPs that cease to meet certain conditions TITLE III. OWN FUNDS REQUIREMENTS FOR OPERATIONAL RISK CHAPTER 1. General principles governing the use of the different approaches Article 312. Permission and notification Article 313. Reverting to the use of less sophisticated approaches Article 314. Combined use of different approaches CHAPTER 2. Basic indicator approach Article 315. Own funds requirement Article 316. Relevant indicator CHAPTER 3. Standardised Approach Article 317. Own funds requirement Article 318. Principles for business line mapping Article 319. Alternative Standardised Approach Article 320. Criteria for the Standardised Approach CHAPTER 4. Advanced measurement approaches Article 321. Qualitative standards Article 322. Quantitative Standards Article 323. Impact of insurance and other risk transfer mechanisms Article 324. Loss event type classification TITLE IV. OWN FUNDS REQUIREMENTS FOR MARKET RISK CHAPTER 1. General Provisions Article 325. Allowances for consolidated requirements CHAPTER 2. Own funds requirements for position risk Section 1. General provisions and specific instruments Article 326. Own funds requirements for position risk Article 327. Netting Article 328. Interest rate futures and forwards Article 329. Options and warrants Article 330. Swaps Article 331. Interest rate risk on derivative instruments Article 332. Credit Derivatives Article 333. Securities sold under a repurchase agreement or lent Section 2. Debt instruments Article 334. Net positions in debt instruments Sub-Section 1. Specific risk Article 335. Cap on the own funds requirement for a net position Article 336. Own funds requirement for non-securitisation debt instruments Article 337. Own funds requirement for securitisation instruments Article 338. Own funds requirement for the correlation trading portfolio Sub-Section 2. General risk Article 339. Maturity-based calculation of general risk Article 340. Duration-based calculation of general risk Section 3. Equities Article 341. Net positions in equity instruments Article 342. Specific risk of equity instruments Article 343. General risk of equity instruments Article 344. Stock indices Section 4. Underwriting Article 345. Reduction of net positions Section 5. Specific risk own funds requirements for positions hedged by credit derivatives Article 346. Allowance for hedges by credit derivatives Article 347. Allowance for hedges by first and nth-to default credit derivatives Section 6. Own funds requirements for CIUs Article 348. Own funds requirements for CIUs Article 349. General criteria for CIUs Article 350. Specific methods for CIUs CHAPTER 3. Own funds requirements for foreign-exchange risk Article 351. De minimis and weighting for foreign exchange risk Article 352. Calculation of the overall net foreign exchange position Article 353. Foreign exchange risk of CIUs Article 354. Closely correlated currencies CHAPTER 4. Own funds requirements for commodities risk Article 355. Choice of method for commodities risk Article 356. Ancillary commodities business Article 357. Positions in commodities Article 358. Particular instruments Article 359. Maturity ladder approach Article 360. Simplified approach Article 361. Extended maturity ladder approach CHAPTER 5. Use of internal models to calculate own funds requirements Section 1. Permission and own funds requirements Article 362. Specific and general risks Article 363. Permission to use internal models Article 364. Own funds requirements when using internal models Section 2. General requirements Article 365. VaR and stressed VaR Calculation Article 366. Regulatory back testing and multiplication factors Article 367. Requirements on risk measurement Article 368. Qualitative requirements Article 369. Internal Validation Section 3. Requirements particular to specific risk modelling Article 370. Requirements for modelling specific risk Article 371. Exclusions from specific risk models Section 4. Internal model for incremental default and migration risk Article 372. Requirement to have an internal IRC model Article 373. Scope of the internal IRC model Article 374. Parameters of the internal IRC model Article 375. Recognition of hedges in the internal IRC model Article 376. Particular requirements for the internal IRC model Section 5. Internal model for correlation trading Article 377. Requirements for an internal model for correlation trading TITLE V. OWN FUNDS REQUIREMENTS FOR SETTLEMENT RISK Article 378. Settlement/delivery risk Article 379. Free deliveries Article 380. Waiver TITLE VI. OWN FUNDS REQUIREMENTS FOR CREDIT VALUATION ADJUSTMENT RISK Article 381. Meaning of Credit Valuation Adjustment Article 382. Scope Article 383. Advanced method Article 384. Standardised method Article 385. Alternative to using CVA methods to calculating own funds requirements Article 386. Eligible hedges PART FOUR. LARGE EXPOSURES Article 387. Subject matter Article 388. Negative Scope Article 389. Definition Article 390. Calculation of the exposure value Article 391. Definition of an institution for large exposures purposes Article 392. Definition of a large exposure Article 393. Capacity to identify and manage large exposures Article 394. Reporting requirements Article 395. Limits to large exposures Article 396. Compliance with large exposures requirements Article 397. Calculating additional own funds requirements for large exposures in the trading book Article 398. Procedures to prevent institutions from avoiding the additional own funds requirement Article 399. Eligible credit mitigation techniques Article 400. Exemptions Article 401. Calculating the effect of the use of credit risk mitigation techniques Article 402. Exposures arising from mortgage lending Article 403. Substitution approach PART FIVE. EXPOSURES TO TRANSFERRED CREDIT RISK TITLE I. GENERAL PROVISIONS FOR THIS PART Article 404. Scope of application TITLE II. REQUIREMENTS FOR INVESTOR INSTITUTIONS Article 405. Retained interest of the issuer Article 406. Due diligence Article 407. Additional risk weight TITLE III. REQUIREMENTS FOR SPONSOR AND ORIGINATOR INSTITUTIONS Article 408. Criteria for credit granting Article 409. Disclosure to investors Article 410. Uniform condition of application PART SIX. LIQUIDITY TITLE I. DEFINITIONS AND LIQUIDITY COVERAGE REQUIREMENT Article 411. Definitions Article 412. Liquidity coverage requirement Article 413. Stable Funding Article 414. Compliance with liquidity requirements TITLE II. LIQUIDITY REPORTING Article 415. Reporting obligation and reporting format Article 416. Reporting on liquid assets Article 417. Operational requirements for holdings of liquid assets Article 418. Valuation of liquid assets Article 419. Currencies with constraints on the availability of liquid assets Article 420. Liquidity outflows Article 421. Outflows on retail deposits Article 422. Outflows on other liabilities Article 423. Additional Outflows Article 424. Outflows from credit and liquidity facilities Article 425. Inflows Article 426. Updating Future liquidity requirements TITLE III. REPORTING ON STABLE FUNDING Article 427. Items providing stable funding Article 428. Items requiring stable funding PART SEVEN. LEVERAGE Article 429. Calculation of the leverage ratio Article 430. Reporting requirement PART EIGHT. DISCLOSURE BY INSTITUTIONS TITLE I. GENERAL PRINCIPLES Article 431. Scope of disclosure requirements Article 432. Non-material, proprietary or confidential information Article 433. Frequency of disclosure Article 434. Means of disclosures TITLE II. TECHNICAL CRITERIA ON TRANSPARENCY AND DISCLOSURE Article 435. Risk management objectives and policies Article 436. Scope of application Article 437. Own funds Article 438. Capital requirements Article 439. Exposure to counterparty credit risk Article 440. Capital buffers Article 441. Indicators of global systemic importance Article 442. Credit risk adjustments Article 443. Unencumbered assets Article 444. Use of ECAIs Article 445. Exposure to market risk Article 446. Operational risk Article 447. Exposures in equities not included in the trading book Article 448. Exposure to interest rate risk on positions not included in the trading book Article 449. Exposure to securitisation positions Article 450. Remuneration policy Article 451. Leverage TITLE III. QUALIFYING REQUIREMENTS FOR THE USE OF PARTICULAR INSTRUMENTS OR METHODOLOGIES Article 452. Use of the IRB Approach to credit risk Article 453. Use of credit risk mitigation techniques Article 454. Use of the Advanced Measurement Approaches to operational risk Article 455. Use of Internal Market Risk Models PART NINE. DELEGATED AND IMPLEMENTING ACTS Article 456. Delegated acts Article 457. Technical adjustments and corrections Article 458. Macroprudential or systemic risk identified at the level of a Member State Article 459. Prudential requirements Article 460. Liquidity Article 461. Review of the phasing-in of the liquidity coverage requirement Article 462. Exercise of the delegation Article 463. Objections to regulatory technical standards Article 464. European Banking Committee PART TEN. TRANSITIONAL PROVISIONS, REPORTS, REVIEWS AND AMENDMENTS TITLE I. TRANSITIONAL PROVISIONS CHAPTER 1. Own funds requirements, unrealised gains and losses measured at fair value and deductions Section 1. Own funds requirements Article 465. Own funds requirements Article 466. First time application of International Financial Reporting Standards Section 2. Unrealised gains and losses measured at fair value Article 467. Unrealised losses measured at fair value Article 468. Unrealised gains measured at fair value Section 3. Deductions Sub-Section 1. Deductions from Common Equity Tier 1 items Article 469. Deductions from Common Equity Tier 1 items Article 470. Exemption from deduction from Common Equity Tier 1 items Article 471. Exemption from Deduction of Equity Holdings in Insurance Companies from Common Equity Tier 1 Items Article 472. Items not deducted from Common Equity Tier 1 Article 473. Introduction of amendments to IAS 19 Sub-Section 2. Deductions from Additional Tier 1 items Article 474. Deductions from Additional Tier 1 items Article 475. Items not deducted from Additional Tier 1 items Sub-Section 3. Deductions from Tier 2 items Article 476. Deductions from Tier 2 items Article 477. Deductions from Tier 2 items Sub-Section 4. Applicable percentages for deduction Article 478. Applicable percentages for deduction from Common Equity Tier 1, Additional Tier 1 and Tier 2 items Section 4. Minority interest and Additional Tier 1 and Tier 2 instruments issued by subsidiaries Article 479. Recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests Article 480. Recognition in consolidated own funds of minority interests and qualifying Additional Tier 1 and Tier 2 capital Section 5. Additional filters and deductions Article 481. Additional filters and deductions Article 482. Scope of application for derivatives transactions with pension funds CHAPTER 2. Grandfathering of capital instruments Section 1. Instruments constituting State aid Article 483. Grandfathering of State aid instruments Section 2. Instruments not constituting state aid Sub-Section 1. Grandfathering eligibility and limits Article 484. Eligibility for grandfathering of items that qualified as own funds under national transposition measures for Directive 2006/48/EC Article 485. Eligibility for inclusion in the Common Equity Tier 1 of share premium accounts related to items that qualified as own funds under national transposition measures for Directive 2006/48/EC Article 486. Limits for grandfathering of items within Common Equity Tier 1, Additional Tier 1 and Tier 2 items Article 487. Items excluded from grandfathering in Common Equity Tier 1 or Additional Tier 1 items in other elements of own funds Article 488. Amortisation of items grandfathered as Tier 2 items Sub-Section 2. Inclusion of instruments with a call and incentive to redeem in Additional Tier 1 and Tier 2 items Article 489. Hybrid instruments with a call and incentive to redeem Article 490. Tier 2 items with an incentive to redeem Article 491. Effective maturity CHAPTER 3. Transitional provisions for disclosure of own funds Article 492. Disclosure of own funds CHAPTER 4. Large exposures, own funds requirements, leverage and the Basel I floor Article 493. Transitional provisions for large exposures Article 494. Transitional provisions for eligible capital Article 495. Treatment of equity exposures under the IRB Approach Article 496. Own funds requirements for covered bonds Article 497. Own funds requirements for exposures to CCPs Article 498. Exemption for Commodities dealers Article 499. Leverage Article 500. Transitional provisions – Basel I floor Article 501. Capital requirements deduction for credit risk on exposures to SMEs TITLE II. REPORTS AND REVIEWS Article 502. Cyclicality of capital requirements Article 503. Own funds requirements for exposures in the form of covered bonds Article 504. Capital instruments subscribed by public authorities in emergency situations Article 505. Review of long-term financing Article 506. Credit risk – definition of default Article 507. Large exposures Article 508. Level of application Article 509. Liquidity requirements Article 510. Net Stable Funding Requirements Article 511. Leverage Article 512. Exposures to transferred credit risk Article 513. Macroprudential rules Article 514. Counterparty Credit Risk and the Original Exposure Method Article 515. Monitoring and evaluation 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 519. Deduction of defined benefit pension fund assets from Common Equity Tier 1 items TITLE III. AMENDMENTS Article 520. Amendment of Regulation (EU) No 648/2012 PART ELEVEN. FINAL PROVISIONS Article 521. Entry into force and date of application ANNEX I. Classification of off-balance sheet items 27.6.2013
EN
Official Journal of the European Union
L 176/1
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 amending Regulation (EU) No 648/2012
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the
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