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Regulation (EU) No 575/2013 of the European Parliament and of the CouncilShow full title

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)

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Regulation (EU) No 575/2013 of the European Parliament and of the Council, PART NINE is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[X1PART NINE U.K.[F1Regulations, enhanced prudential measures and technical standards]

Article 456 U.K. [F2Regulations modifying this Regulation ]

1 .[F3The Treasury may make regulations] concerning the following matters:

( a ) clarification of the definitions set out in Articles 4, 5, 142, 153, 192, 242, 272, 300, 381 and 411 F4...;

( b ) clarification of the definitions set out in Articles 4, 5, 142, 153, 192, 242, 272, 300, 381 and 411 in order to take account, in the application of this Regulation, of developments on financial markets;

( c ) amendment of the list of exposure classes in Articles 112 and 147 in order to take account of developments on financial markets;

( d ) the amount specified in point (c) of Article 123, Article 147(5)(a), Article 153(4) and Article 162(4), to take into account the effects of inflation;

( e ) the list and classification of the off-balance sheet items in Annexes I and II, in order to take account of developments on financial markets;

( f ) adjustment of the categories of investment firms in Article 95(1) and Article 96(1) to take account of developments on financial markets;

( g ) clarification of the requirement laid down in Article 97 F5...;

( h ) amendment of the own funds requirements as set out in Articles 301 to 311 of this Regulation and Articles 50a to 50d of Regulation (EU) No 648/2012 to take account of developments or amendments of the international standards for exposures to a central counterparty;

( i ) clarification of the terms referred to in the exemptions provided for in Article 400;

( j ) amendment of the capital measure and the total exposure measure of the leverage ratio referred to in Article 429(2) in order to correct any shortcomings discovered on the basis of the reporting referred to in Article 430(1) before the leverage ratio has to be published by institutions as set out in Article 451(1)(a).

2 .[F6The Treasury may by regulations amend Articles 381, 382(1) to (3) and 383 to 386 concerning—]

( a ) the treatment of CVA risk as a stand-alone charge versus an integrated component of the market risk framework;

( b ) the scope of the CVA risk charge including the exemption in Article 482;

( c ) eligible hedges;

( d ) calculation of capital requirements of CVA risk.

F7...

Article 457 U.K. Technical adjustments and corrections

[F8The Treasury may by regulations] make technical adjustment and corrections of non-essential elements in the following provisions in order to take account of developments in new financial products or activities, to make adjustments taking into account developments [F9after IP completion day in the law of the United Kingdom, or any part of it,] on financial services and accounting [F10including UK-adopted international accounting standards]:

(a)

the own funds requirements for credit risk laid down in Articles 111 to 134, and in Articles 143 to 191;

(b)

the effects of credit risk mitigation in accordance with Articles 193 to 241;

(c)

[F11the own funds requirements for securitisation laid down in Articles 242 to 270a;]

(d)

the own funds requirements for counterparty credit risks in accordance with Articles 272 to 311;

(e)

the own funds requirements for operational risk laid down in Articles 315 to 324;

(f)

the own funds requirements for market risk laid down in Articles 325 to 377;

(g)

the own funds requirements for settlement risk laid down in Articles 378 and 379;

(h)

the own funds requirements for credit valuation adjustment risk laid down in Articles 383, 384 and 386;

(i)

Part Two and Article 99 only as a result of developments in accounting standards or requirements which take account of [F12the law of the United Kingdom, or any part of it].

[F13Article 458U.K.Enhanced prudential measures directions & recommendations: Interpretation

1.In this Article and in Articles 458A to 458C—

  • ‘enhanced prudential measures direction’ means a direction of the Financial Policy Committee under section 9H of the 1998 Act to a competent authority describing stricter measures in relation to a relevant prudential area than are required by this Regulation or any legislation made under it;

  • ‘enhanced prudential measures recommendation’ means a recommendation of the Financial Policy Committee under section 9Q of the 1998 Act to a competent authority, describing stricter measures in relation to a relevant prudential area than are required by this Regulation or any legislation made under it;

  • ‘enhanced prudential implementation action’ means action to comply with an enhanced prudential measures direction or enhanced prudential measures recommendation;

  • ‘FPC’ means the Financial Policy Committee;

  • ‘regulated person’ has the meaning given in section 9H(2) of the 1998 Act;

  • ‘relevant prudential area’ means—

    (i)

    the level of own funds provided for in Article 92,

    (ii)

    the requirements for large exposures provided for in Articles 392 and 395 to 403,

    (iii)

    the public disclosure requirements provided for in Articles 431 to 455,

    (iv)

    liquidity requirements provided for in Part 6 or in the Liquidity Commission Delegated Regulation,

    (v)

    risk weights for targeting asset bubbles in the residential and commercial property sector, or

    (vi)

    intra financial sector exposures.

  • ‘the 1998 Act’ means the Bank of England Act 1998;

  • ‘the Liquidity Commission Delegated Regulation’ means Commission Delegated Regulation (EU) 2015/61 of 10th October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and Council with regard to liquidity coverage requirement for Credit Institutions, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018, and as amended from time to time thereafter.

Article 458AU.K.Enhanced prudential measures

1.Where the FPC issues an enhanced prudential measure direction or enhanced prudential measure recommendation, the competent authority may exercise its functions to introduce an enhanced prudential implementation action.

2.An enhanced prudential implementation action shall have effect notwithstanding any provision to the contrary in this Regulation or any legislation made under it.

Article 458BU.K.Enhanced prudential measures: effect of revocation

1.Paragraph 2 applies where—

(a)the FPC revokes an enhanced prudential measures direction in accordance with section 9J of the 1998 Act; or

(b)the FPC withdraws an enhanced prudential measures recommendation and notifies the competent authority of that withdrawal.

2A competent authority which has introduced an enhanced prudential implementation action must consider whether it is appropriate to cease to implement that action.

Article 458CU.K.Enhanced prudential measures: publication and application

1Once the Bank has published the relevant information concerning the enhanced prudential measure direction or enhanced prudential measure recommendation in accordance with section 9U and, where relevant, section 9V(3) of the 1998 Act, a competent authority must publish on its website the following information—

(a)the fact that it has introduced an enhanced prudential implementation action;

(b)any requirements of this Regulation or any delegated legislation made under it that the competent authority considered inconsistent with the enhanced prudential implementation action; and

(c)a statement that the relevant enhanced prudential implementation action shall have effect notwithstanding any provision to the contrary in this Regulation or any legislation made under it.

2.Until the Bank has published the relevant information concerning the enhanced prudential measure direction or enhanced prudential measure recommendation in accordance with section 9U and, where relevant, section 9V(3) of the 1998 Act, the competent authority must take reasonable steps to bring the enhanced prudential implementation action to the attention of the regulated persons subject to it.

3.A failure by the competent authority to publish information as required by paragraph 1 does not affect the validity, continuing operation or enforcement of the enhanced prudential implementation action to which the requirement to publish relates.]

Article 459 U.K. Prudential requirements

[F14The Treasury may by regulations impose], for a period of one year, stricter prudential requirements for exposures where this is necessary to address changes in the intensity of microprudential and macroprudential risks which arise from market developments [F15in the United Kingdom or outside the United Kingdom], and where the instruments of this Regulation and [F16Directive 2013/36/EU UK law] are not sufficient to address these risks F17... concerning:

(a)

the level of own funds laid down in Article 92;

(b)

the requirements for large exposures laid down in Article 392 and Articles 395 to 403;

(c)

the public disclosure requirements laid down in Articles 431 to 455.

F18...

Article 460 U.K. Liquidity

[F191 . The [F20Treasury may by regulations] specify in detail the general requirement set out in Article 412(1). [F21Such regulations] shall be based on the items to be reported in accordance with Title II of Part Six and Annex III and shall specify under which circumstances competent authorities have to impose specific in- and outflow levels on institutions in order to capture specific risks to which they are exposed and shall respect the thresholds set out in paragraph 2 of this Article.

In particular, the [F22Treasury may by regulations specify] the detailed liquidity requirements for the purposes of the application of Article 8(3), Articles 411 to 416, 419, 422, 425, 428a, 428f, 428g, 428j to 428n, 428p, 428r, 428s, 428w, 428ae, 428ag, 428ah, 428ak and 451a.]

2 . The liquidity coverage requirement referred to in Article 412 shall be introduced in accordance with the following phasing-in:

( a ) 60 % of the liquidity coverage requirement in 2015;

( b ) 70 % as from 1 January 2016 ;

( c ) 80 % as from 1 January 2017 ;

( d ) 100 % as from 1 January 2018 .

For this purpose the Commission shall take into account the reports referred to in Article 509(1), (2) and (3) and international standards developed by international fora as well as Union specificities.

The Commission shall adopt the delegated act referred to in paragraph 1 by 30 June 2014 . It shall enter into force by 31 December 2014 , but shall not apply before 1 January 2015 .

[F233 . The [F24Treasury may by regulations] amend this Regulation by F25... amending the list of products or services set out in Article 428f(2) if it considers that assets and liabilities directly linked to other products or services meet the conditions set out in Article 428f(1).

F26...]

Textual Amendments

Article 461 U.K. Review of the phasing-in of the liquidity coverage requirement

1 . EBA shall, after consulting the ESRB, by 30 June 2016 report to the Commission on whether the phase-in of the liquidity coverage requirement as specified in Article 460(2) should be amended. Such analysis shall take due account of market and international regulatory developments as well as Union specificities.

EBA shall in its report assess in particular a deferred introduction of the 100 % minimum binding standard, until 1 January 2019 . The report shall take into account the annual reports referred to in Article 509(1), relevant market data and the recommendations of all competent authorities.

2 . Where necessary to address market and other developments, the Commission shall be empowered to adopt a delegated act in accordance with Article 462 to alter the phase-in specified in Article 460 and defer until 2019 the introduction of a 100 % binding minimum standard for the liquidity coverage requirement set out in Article 412(1) and to apply in 2018 a 90 % binding minimum standard for the liquidity coverage requirement.

For the purposes of assessing the necessity of deferral the Commission shall take into account the report and assessment referred to in paragraph 1.

A delegated act adopted in accordance with this Article shall not apply before 1 January 2018 and shall enter into force by 30 June 2017 .

[F23 Article 461a U.K. Alternative standardised approach for market risk

For the purposes of the reporting requirements set out in Article 430b(1), the [F27Treasury may by regulations make] technical adjustments to Articles 325e, 325g to 325j, 325p, 325q, 325ae, 325ak, 325am, 325ap to 325at, 325av, 325ax, and specify the risk weight of bucket 11 of Table 4 in Article 325ah and the risk weights of covered bonds issued by credit institutions in third countries in accordance with Article 325ah, and the correlation of covered bonds issued by credit institutions in third countries in accordance with Article 325aj of the alternative standardised approach set out in Chapter 1a of Title IV of Part Three, taking into account developments in international regulatory standards.

F28...]]

F29 Article 462 U.K. Exercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30 Article 463 U.K. Objections to regulatory technical standards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 Article 464 U.K. European Banking Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32Article 464AU.K.Regulations: general provisions

1.Any power to make regulations conferred on the Treasury by this Regulation, is exercisable by statutory instrument.

2.Such regulations may—

(a)contain incidental, supplemental, consequential and transitional provision, and

(b)may make different provision for different purposes.

3.A statutory instrument containing regulations made under Article 456 of this Regulation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

4.A statutory instrument containing regulations made under any other provision of this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 464BU.K.Power to make technical standards

1.Where a power to make technical standards is conferred on both the FCA and PRA it is exercisable—

(a)by the PRA, in respect of PRA-authorised persons within the meaning of section 2B(5) of FSMA;

(b)by the FCA in respect of any other person.

2.In addition to the powers to make technical standards set out elsewhere in this Regulation, the PRA and FCA may both make technical standards for the following purposes—

(a)to specify—

(i)the information to be provided to the relevant competent authority in the application for authorisation of a credit institution under Part 4A of FSMA;

(ii)the requirements applicable to shareholders and members with qualifying holdings; and

(iii)obstacles which may prevent effective exercise of the supervisory functions of the competent authority;

(b)to define what is meant by ‘exposures to specific risk which are material in absolute terms’ and the thresholds for large numbers of material counterparties and positions in debt instruments of different issuers;

(c)to specify—

(i)the procedure for sharing assessments of the quality of institutions' internal approaches for calculating own funds requirements between competent authorities;

(ii)the standards for the assessment of the quality of institutions' internal approaches for calculating own funds requirements by competent authorities;

(d)to specify—

(i)the template, the definitions and the IT-solutions to be applied in the UK for institutions to report the results of the calculations of their internal approaches for their exposures or positions that are included in their benchmark portfolios;

(ii)the benchmark portfolio or portfolios which institutions must report;

(e)to specify the classes of instruments that can be fully converted to Common Equity Tier 1 instruments or written down, and qualitative and appropriate quantitative criteria to identify categories of staff whose professional activities have a material impact on the institution's risk profile;

(f)to specify the method for the identification of the geographical location of an institution's credit exposures for the purposes of calculating institution-specific countercyclical capital buffer rates.

3.In addition to the powers to make technical standards set out elsewhere in this Regulation, the PRA alone may make technical standards to specify—

(a)the methodology in accordance with which the PRA shall identify a UK parent institution or UK parent financial holding company or UK parent mixed financial holding company as a global systemically important institution (‘G-SII’); and

(b)the methodology for the definition of the sub-categories and the allocation of G-SIIs in sub-categories based on their systemic significance; taking into account any international agreed standards.]

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