Article 429a
1.
By way of derogation from Article 429(4), an institution may exclude any of the following exposures from its total exposure measure:
(a)
the amounts deducted from Common Equity Tier 1 items in accordance with point (d) of Article 36(1);
(b)
the assets deducted in the calculation of the capital measure referred to in Article 429(3);
(c)
exposures that are assigned a risk weight of 0 % in accordance with Article 113(6) or (7);
(d)
where the institution is a public development credit institution, the exposures arising from assets that constitute claims on central governments, regional governments, local authorities or public sector entities in relation to public sector investments, and promotional loans;
(e)
where the institution is not a public development credit institution, the parts of exposures arising from passing-through promotional loans to other credit institutions;
(f)
the guaranteed parts of exposures arising from export credits that meet both of the following conditions:
(i)
the guarantee is provided by an eligible provider of unfunded credit protection in accordance with Articles 201 and 202, including by export credit agencies or by central governments;
(ii)
a 0 % risk weight applies to the guaranteed part of the exposure in accordance with Article 114(2) or (4) or Article 116(4);
(g)
where the institution is a clearing member of a QCCP, the trade exposures of that institution, provided that they are cleared with that QCCP and meet the conditions set out in point (c) of Article 306(1);
(h)
where the institution is a higher-level client within a multi-level client structure, the trade exposures to the clearing member or to an entity that serves as a higher-level client to that institution, provided that the conditions set out in Article 305(2) are met and provided that the institution is not obligated to reimburse its client for any losses suffered in the event of default of either the clearing member or the QCCP;
(i)
fiduciary assets which meet all the following conditions:
(i)
they are recognised on the institution's balance sheet by national generally accepted accounting principles, in accordance with Article 10 of Directive 86/635/EEC;
(ii)
they meet the criteria for non-recognition set out in International Financial Reporting Standard (IFRS) 9, as applied in accordance with Regulation (EC) No 1606/2002;
(iii)
they meet the criteria for non-consolidation set out in IFRS 10, as applied in accordance with Regulation (EC) No 1606/2002, where applicable;
(j)
exposures that meet all the following conditions:
(i)
they are exposures to a public sector entity;
(ii)
they are treated in accordance with Article 116(4);
(iii)
they arise from deposits that the institution is legally obliged to transfer to the public sector entity referred to in point (i) for the purpose of funding general interest investments;
(k)
the excess collateral deposited at tri-party agents that has not been lent out;
(l)
where under the applicable accounting framework an institution recognises the variation margin paid in cash to its counterparty as a receivable asset, the receivable asset, provided that the conditions set out in points (a) to (e) of Article 429c(3) are met;
(m)
the securitised exposures from traditional securitisations that meet the conditions for significant risk transfer set out in Article 244(2);
(n)
the following exposures to the institution’s central bank, subject to the conditions set out in paragraphs 5 and 6:
(i)
coins and banknotes constituting legal currency in the jurisdiction of the central bank;
(ii)
assets representing claims on the central bank, including reserves held at the central bank;
(o)
where the institution is authorised in accordance with Article 16 and point (a) of Article 54(2) of Regulation (EU) No 909/2014, the institution's exposures due to banking-type ancillary services listed in point (a) of Section C of the Annex to that Regulation which are directly related to the core or ancillary services listed in Sections A and B of that Annex;
(p)
where the institution is designated in accordance with point (b) of Article 54(2) of Regulation (EU) No 909/2014, the institution's exposures due to banking-type ancillary services listed in point (a) of Section C of the Annex to that Regulation which are directly related to the core or ancillary services of a central securities depository, authorised in accordance with Article 16 of that Regulation, listed in Sections A and B of that Annex;
(q)
the exposures that are subject to the treatment set out in Article 72e(5), first subparagraph.
For the purposes of point (m) of the first subparagraph, institutions shall include any retained exposure in the total exposure measure.
2.
For the purposes of points (d) and (e) of paragraph 1, ‘public development credit institution’ means a credit institution that meets all the following conditions:
(a)
it has been established by a Member State's central government, regional government or local authority;
(b)
its activity is limited to advancing specified objectives of financial, social or economic public policy in accordance with the laws and provisions governing that institution, including articles of association, on a non-competitive basis;
(c)
its goal is not to maximise profit or market share;
(d)
subject to Union State aid rules, the central government, regional government or local authority has an obligation to protect the credit institution's viability or directly or indirectly guarantees at least 90 % of the credit institution's own funds requirements, funding requirements or promotional loans granted;
(e)
it does not take covered deposits as defined in point (5) of Article 2(1) of Directive 2014/49/EU or in national law implementing that Directive that may be classified as fixed term or savings deposits from consumers as defined in point (a) of Article 3 of Directive 2008/48/EC of the European Parliament and of the Council ( 31 ).
For the purposes of point (b) of the first subparagraph, public policy objectives may include the provision of financing for promotional or development purposes to specified economic sectors or geographical areas of the relevant Member State.
For the purposes of points (d) and (e) of paragraph 1, and without prejudice to the Union State aid rules and the obligations of the Member States thereunder, competent authorities may, upon request of an institution, treat an organisationally, structurally and financially independent and autonomous unit of that institution as a public development credit institution, provided that the unit fulfils all the conditions listed in the first subparagraph and that such treatment does not affect the effectiveness of the supervision of that institution. Competent authorities shall without delay notify the Commission and EBA of any decision to treat, for the purposes of this subparagraph, a unit of an institution as a public development credit institution. The competent authority shall annually review such decision.
3.
For the purposes of points (d) and (e) of paragraph 1 and point (d) of paragraph 2, ‘promotional loan’ means a loan granted by a public development credit institution or an entity set up by the central government, regional government or local authority of a Member State, directly or through an intermediate credit institution on a non-competitive, not-for-profit basis, in order to promote the public policy objectives of the central government, regional government or local authority in a Member State.
4.
Institutions shall not exclude the trade exposures referred to in points (g) and (h) of paragraph 1 of this Article, where the condition set out in the third subparagraph of Article 429(5) is not met.
5.
Institutions may exclude the exposures listed in point (n) of paragraph 1 where all of the following conditions are met:
(a)
the institution's competent authority has determined, after consultation with the relevant central bank, and publicly declared that exceptional circumstances exist that warrant the exclusion in order to facilitate the implementation of monetary policies;
(b)
the exemption is granted for a limited period of time not exceeding one year;
(c)
the institution’s competent authority has determined, after consultation with the relevant central bank, the date when the exceptional circumstances are deemed to have started and publicly announced that date; that date shall be set at the end of a quarter.
6.
The exposures to be excluded under point (n) of paragraph 1 shall meet both of the following conditions:
(a)
they are denominated in the same currency as the deposits taken by the institution;
(b)
their average maturity does not significantly exceed the average maturity of the deposits taken by the institution.
7.
By way of derogation from point (d) of Article 92(1), where an institution excludes the exposures referred to in point (n) of paragraph 1 of this Article, it shall at all times satisfy the following adjusted leverage ratio requirement for the duration of the exclusion:
where:
|
aLR |
= |
the adjusted leverage ratio; |
|
EMLR |
= |
the institution’s total exposure measure as calculated in accordance with Article 429(4), including the exposures excluded in accordance with point (n) of paragraph 1 of this Article, on the date referred to in point (c) of paragraph 5 of this Article; and |
|
CB |
= |
the daily average total value of the institution’s exposures to its central bank, calculated over the full reserve maintenance period of the central bank immediately preceding the date referred to in point (c) of paragraph 5, that are eligible to be excluded in accordance with point (n) of paragraph 1. |
( 31 ) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).