What changed — Regulation (EU) No 575/2013

− Consolidated TEXT: 32013R0575 — EN — 28.06.2013
− 2013R0575 — EN — 28.06.2013 — 000.002
− (OJ L 176, 27.6.2013, p.1)
− — where institutions use own estimates of LGDs, RW shall be
− (ii) as the delta equivalent notional value,
− , in the case of a transaction with a non-linear risk profile,
− (ii) as the delta equivalent in notional value multiplied by the modified duration,
− , in the case of a transaction with a non-linear risk profile,
− the maturity of the hedge instrument with notional B i (the quantities
− B i are to be summed if these are several positions);
− 1. Institutions shall calculate their leverage ratio in accordance with the methodology set out in paragraphs 2 to 11.
− Institutions shall calculate the leverage ratio as the simple arithmetic mean of the monthly leverage ratios over a quarter.
− 4. The total exposure measure is the sum of the exposure values of all assets and off-balance sheet items not deducted when determining the capital measure referred to in paragraph 3.
− Where institutions include a financial sector entity in which they hold a significant investment in accordance with Article 43 in their consolidation according to the applicable accounting framework, but not in their prudential consolidation in accordance with Chapter 2 of Title II of Part One, they…
− (a) the sum of the exposure values of all exposures of the financial sector entity in which the significant investment is held;
− (b) for all direct, indirect and synthetic holdings of the institution of the Common Equity Tier 1 instruments of the financial sector entity, the total amount of such items not deducted pursuant to Article 47 and point (b) of Article 48(1) divided by the total amount of such items.
− 5. Institutions shall determine the exposure value of assets in accordance with the following principles:
− (a) the exposure values of assets excluding contracts listed in Annex II and credit derivatives, means exposure values in accordance with the first sentence of Article 111(1);
− (c) loans shall not be netted with deposits.
− 6. Institutions shall determine the exposure value of contracts listed in Annex II and of credit derivatives including those that are off-balance sheet, in accordance with the method set out in Article 274.
− In determining the exposure value of contracts listed in Annex II and of credit derivatives, institutions shall take into account the effects of contracts for novation and other netting agreements, except contractual cross-product netting agreements, in accordance with Article 295.
− 7. By way of derogation from paragraph 6, institutions may use the method set out in Article 275 to determine the exposure value of contracts listed in points 1 and 2 of Annex II only where they also use that method for determining the exposure value of those contracts for the purposes of meeting th…
− 8. When determining the potential future credit exposure of credit derivatives, institutions shall apply the principles laid down in Article 299(2) to all their credit derivatives, not just those assigned to the trading book.
− 9. Institutions shall determine the exposure value of repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions including those that are off-balance sheet, in accordance with Article 220(1) to (3) and Article 22…
− 10. Institutions shall determine the exposure value of off-balance sheet items, except the items referred to in paragraphs 6 and 9 of this Article, in accordance with Article 111(1), subject to the following amendments to the conversion factors listed in that Article:
− (a) the conversion factor to be applied to the nominal value for undrawn credit facilities, which may be cancelled unconditionally at any time without notice, referred to in points 4(a) and (b) of Annex I, is 10 %;
− (b) the conversion factor for medium/low risk trade finance related off-balance sheet items referred to in point 3(a) of Annex I and to officially supported export credits related off-balance sheet items referred to in point 3(b)(i) of Annex I is 20 %;
− (c) the conversion factor for medium risk trade finance related off-balance sheet items referred to in points 2(a) and 2(b)(i) of Annex I and to officially supported export credits related off-balance sheet items referred to in point 2(b)(ii) of Annex I is 50 %;
− (d) the conversion factor for all other off-balance sheet items listed in Annex I is 100 %.
− 11. Where national generally accepted accounting principles recognises fiduciary assets on balance sheet, in accordance with Article 10 of Directive 86/635/EEC, those assets may be excluded from the leverage ratio total exposure measure provided that they meet the criteria for non-recognition set ou…
− (k) for the purpose of calculating the potential future exposure for options and swaptions in accordance with the Mark-to-Market Method specified in Article 274 of Regulation (EU) No 575/2013, a CCP shall multiply the notional amount of the contract by the absolute value of the option's delta
− as set out in point (a) of Article 280(1) of that Regulation;
− (b) where the rules of a CCP provide that it use part or all of its financial resources to cover its losses due to the default of one or more of its clearing members after it has depleted its default fund, but before it calls on the contractually committed contributions of its clearing members, the …
− to the total amount of pre-funded contributions (DF) as follows:
− ) OJ L 176, 27.6.2013,p.1.’;
+ Consolidated TEXT: 32013R0575 — EN — 18.01.2015
+ 2013R0575 — EN — 18.01.2015 — 001.001
+ (OJ L 176 27.6.2013, p. 1)
+ Amended by:
+ Official Journal
+ No
+ page
+ date
+ ►M1
+ COMMISSION DELEGATED REGULATION (EU) 2015/62 of 10 October 2014
+ L 11
+ 17.1.2015
+ — where institutions use own estimates of LGDs, RW shall be ;
+ (ii) as the delta equivalent notional value, , in the case of a transaction with a non-linear risk profile,
+ (ii) as the delta equivalent in notional value multiplied by the modified duration, , in the case of a transaction with a non-linear risk profile,
+ the maturity of the hedge instrument with notional B i (the quantities B i are to be summed if these are several positions);
+ ▼M1
+ 1. Institutions shall calculate their leverage ratio in accordance with the methodology set out in paragraphs 2 to 13.
+ Institutions shall calculate the leverage ratio at the reporting reference date.
+ 4. The total exposure measure shall be the sum of the exposure values of:
+ (a) assets referred to in paragraph 5 unless they are deducted when determining the capital measure referred to in paragraph 3;
+ (b) derivatives referred to in paragraph 9;
+ (c) add-ons for counterparty credit risk of repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions including those that are off-balance sheet referred to in Article 429b;
+ (d) off-balance sheet items referred to in paragraph 10.
+ 5. Institutions shall determine the exposure value of assets, excluding contracts listed in Annex II and credit derivatives, in accordance with the following principles:
+ (a) the exposure values of assets means exposure values in accordance with the first sentence of Article 111(1);
+ (c) loans shall not be netted with deposits;
+ (d) repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions shall not be netted.
+ 6. Institutions may deduct from the exposure measure set out in paragraph 4 of this Article the amounts deducted from Common equity Tier 1 capital in accordance with Article 36(1)(d).
+ 7. Competent authorities may permit an institution not to include in the exposure measure exposures that can benefit from the treatment laid down in Article 113(6). Competent authorities may grant that permission only where all the conditions set out in points (a) to (e) of Article 113(6) are met an…
+ 8. By way of derogation from point (d) of paragraph 5, institutions may determine the exposure value of cash receivables and cash payables of repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions with the sa…
+ (a) the transactions have the same explicit final settlement date;
+ (b) the right to set off the amount owed to the counterparty with the amount owed by the counterparty is legally enforceable in all the following situations:
+ (i) in the normal course of business;
+ (ii) in the event of default, insolvency and bankruptcy;
+ (c) the counterparties intend to settle net, settle simultaneously, or the transactions are subject to a settlement mechanism that results in the functional equivalent of net settlement.
+ For the purposes of point (c) of the first subparagraph, a settlement mechanism results in the functional equivalent of net settlement if, on the settlement date, the net result of the cash flows of the transactions under that mechanism is equal to the single net amount under net settlement.
+ 9. Institutions shall determine the exposure value of contracts listed in Annex II and of credit derivatives including those that are off-balance sheet, in accordance with Article 429a.
+ 10. Institutions shall determine the exposure value of off-balance-sheet items, excluding contracts listed in Annex II, credit derivatives, repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions, in accordanc…
+ In accordance with Article 166(9), where a commitment refers to the extension of another commitment, the lower of the two conversion factors associated with the individual commitment shall be used. The exposure value of low risk off- balance sheet items referred to in Article 111(1)(d) shall be subj…
+ 11. An institution that is a clearing member of a QCCP may exclude from the calculation of the exposure measure trade exposures of the following items, provided that those trade exposures are cleared with that QCCP and meet, at the same time, the conditions laid down in Article 306(1)(c):
+ (a) contracts listed in Annex II;
+ (c) repurchase transactions;
+ (d) securities or commodities lending or borrowing transactions;
+ (e) long settlement transactions;
+ (f) margin lending transactions.
+ 12. Where an institution that is a clearing member of a QCCP guarantees to the QCCP the performance of a client that enters directly into derivative transactions with the QCCP, it shall include in the exposure measure the exposure resulting from the guarantee as a derivative exposure to the client i…
+ 13. Where national generally accepted accounting principles recognise fiduciary assets on balance sheet, in accordance with Article 10 of Directive 86/635/EEC, those assets may be excluded from the leverage ratio total exposure measure provided that they meet the criteria for non-recognition set out…
+ 14. Competent authorities may permit an institution to exclude from the exposure measure exposures that meet all of the following conditions:
+ (a) they are exposures to a public sector entity;
+ (b) they are treated in accordance with Article 116(4);
+ (c) they arise from deposits that the institution is legally obliged to transfer to the public sector entity referred to in point (a) for the purposes of funding general interest investments.
+ ▼M1
+ Article 429a
+ Exposure value of derivatives
+ 1. Institutions shall determine the exposure value of contracts listed in Annex II and of credit derivatives, including those that are off-balance sheet, in accordance with the method set out in Article 274. Institutions shall apply Article 299(2)(a) for the determination of the potential future cre…
+ When determining the potential future credit exposure of credit derivatives, institutions shall apply the principles laid down in Article 299(2)(a) to all their credit derivatives, not only those assigned to the trading book.
+ In determining the exposure value, institutions may take into account the effects of contracts for novation and other netting agreements in accordance with Article 295. Cross-product netting shall not apply. However, institutions may net within the product category referred to in point (25)(c) of Ar…
+ 2. Where the provision of collateral related to derivatives contracts reduces the amount of assets under the applicable accounting framework, institutions shall reverse that reduction.
+ 3. For the purposes of paragraph 1, institutions may deduct variation margin received in cash from the counterparty from the current replacement cost portion of the exposure value in so far as under the applicable accounting framework the variation margin has not already been recognised as a reducti…
+ (a) for trades not cleared through a QCCP, the cash received by the recipient counterparty is not segregated;
+ (b) the variation margin is calculated and exchanged on a daily basis based on mark-to-market valuation of derivatives positions;
+ (c) the variation margin received in cash is in the same currency as the currency of settlement of the derivative contract;
+ (d) the variation margin exchanged is the full amount that would be necessary to fully extinguish the mark-to-market exposure of the derivative subject to the threshold and minimum transfer amounts applicable to the counterparty;
+ (e) the derivative contract and the variation margin between the institution and the counterparty to that contract are covered by a single netting agreement that the institution may treat as risk-reducing in accordance with Article 295.
+ For the purposes of point (c) of the first subparagraph, where the derivative contract is subject to a qualifying master netting agreement, the currency of settlement means any currency of settlement specified in the derivative contract, the governing qualifying master netting agreement or the credi…
+ Where under the applicable accounting framework an institution recognises the variation margin paid in cash to the counterparty as a receivable asset, it may exclude that asset from the exposure measure provided that the conditions in points (a) to (e) are met.
+ 4. For the purposes of paragraph 3 the following shall apply:
+ (a) the deduction of variation margin received shall be limited to the positive current replacement cost portion of the exposure value;
+ (b) an institution shall not use variation margin received in cash to reduce the potential future credit exposure amount, including for the purposes of Article 298(1)(c)(ii);
+ 5. In addition to the treatment laid down in paragraph 1, for written credit derivatives institutions shall include in the exposure value the effective notional amounts referenced by the written credit derivatives reduced by any negative fair value changes that have been incorporated in Tier 1 capit…
+ (a) for single name credit derivatives, the credit derivatives purchased must be on a reference name which ranks pari passu with or is junior to the underlying reference obligation of the written credit derivative and a credit event on the senior reference asset would result in a credit event on the…
+ (b) where an institution purchases protection on a pool of reference names, the purchased protection may offset sold protection on a pool of reference names only if the pool of reference entities and the level of subordination in both transactions are identical;
+ (c) the remaining maturity of the credit derivative purchased is equal to or greater than the remaining maturity of the written credit derivative;
+ (d) in determining the additional exposure value for written credit derivatives, the notional amount of the purchased credit derivative is reduced by any positive fair value change that has been incorporated in Tier 1 capital with respect to the credit derivative purchased;
+ (e) for tranched products, the credit derivative purchased as protection is on a reference obligation which ranks equal to the underlying reference obligation of the written credit derivative.
+ Where the notional amount of a written credit derivative is not reduced by the notional amount of a purchased credit derivative, institutions may deduct the individual potential future exposure of that written credit derivative from the total potential future exposure determined according to paragra…
+ 6. Institutions shall not reduce the written credit derivative effective notional amount where they buy credit protection through a total return swap and record the net payments received as net income, but do not record any offsetting deterioration in the value of the written credit derivative refle…
+ 7. In case of purchased credit derivatives on a pool of reference entities, institutions may recognise a reduction according to paragraph 5 on written credit derivatives on individual reference names only if the protection purchased is economically equivalent to buying protection separately on each …
+ 8. By way of derogation from paragraph 1 of this Article, institutions may use the method set out in Article 275 to determine the exposure value of contracts listed in points 1 and 2 of Annex II only where they also use that method for determining the exposure value of those contracts for the purpos…
+ When institutions apply the method set out in Article 275, they shall not reduce the exposure measure by the amount of variation margin received in cash.
+ Article 429b
+ Counterparty credit risk add-on for repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions
+ 1. In addition to the exposure value of repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions including those that are off-balance sheet in accordance with Article 429(5), institutions shall include in the e…
+ 2. For the purposes of paragraph 1, for transactions with a counterparty which are not subject to a master netting agreement that meets the conditions laid down in Article 206 the add-on (E i *)shall be determined on a transaction-by-transaction basis in accordance with the following formula:
+ E i is the fair value of securities or cash lent to the counterparty under transaction i;
+ C i is the fair value of cash or securities received from the counterparty under transaction i.
+ 3. For the purposes of paragraph 1, for transactions with a counterparty that are subject to a master netting agreement that meets the conditions laid down in Article 206, the add-on for those transactions (E i *) shall be determined on an agreement-by-agreement basis in accordance with the followin…
+ E i is the fair value of securities or cash lent to the counterparty for the transactions subject to master netting agreement i;
+ C i is the fair value of cash or securities received from the counterparty subject to master netting agreement i.
+ 4. By way of derogation from paragraph 1 of this Article, institutions may use the method set out in Article 222, subject to a 20 % floor for the applicable risk weight, to determine the add on for repurchase transactions, securities or commodities lending or borrowing transactions, long settlement …
+ 5. Where sale accounting is achieved for a repurchase transaction under its applicable accounting framework, the institution shall reverse all sales-related accounting entries.
+ 6. Where an institution acts as an agent between two parties in repurchase transactions, securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions including those that are off-balance sheet, the following apply:
+ (a) where the institution provides an indemnity or guarantee to a customer or counterparty limited to any difference between the value of the security or cash the customer has lent and the value of collateral the borrower has provided it shall only include in the exposure measure the add-on determin…
+ (b) where the institution does not provide an indemnity or guarantee to any of the involved parties, the transaction shall not be included in the exposure measure;
+ (c) where the institution is economically exposed to the underlying security or cash in the transaction beyond the exposure covered by the add-on, it shall include also in the exposure measure an exposure equal to the full amount of the security or cash.
+ (k) for the purpose of calculating the potential future exposure for options and swaptions in accordance with the Mark-to-Market Method specified in Article 274 of Regulation (EU) No 575/2013, a CCP shall multiply the notional amount of the contract by the absolute value of the option's delta as set…
+ (b) where the rules of a CCP provide that it use part or all of its financial resources to cover its losses due to the default of one or more of its clearing members after it has depleted its default fund, but before it calls on the contractually committed contributions of its clearing members, the …
+ ) OJ L 176, 27.6.2013, p. 1.’;