Article 490
Tier 2 items with an incentive to redeem
1.
By way of derogation from Articles 62 and 63, during the period from 1 January 2014 to 31 December 2021, items referred to in Article 484(5) that qualified under the national transposition measures for point (f) or (h) of Article 57 of Directive 2006/48/EC and include in their terms and conditions a call with an incentive for them to be redeemed by the institution shall be subject to this Article.
2.
The items shall qualify as Tier 2 instruments provided that:
(a)
the institution was able to exercise a call with an incentive to redeem only prior to 1 January 2013;
(b)
the institution did not exercise the call;
(c)
from 1 January 2013 the conditions laid down in Article 63 are met.
3.
The items shall qualify as Tier 2 items in accordance with Article 484(5) until the date of their effective maturity, and shall qualify thereafter as Tier 2 items without limit, provided that the following conditions are met:
(a)
the institution was able to exercise a call with an incentive to redeem only on or after 1 January 2013;
(b)
the institution did not exercise the call on the date of the effective maturity of the items;
(c)
the conditions laid down in Article 63 are met from the date of the effective maturity of the items.
4.
The items shall not qualify as Tier 2 items from 1 January 2014 where the following conditions are met:
(a)
the institution was able to exercise a call with an incentive to redeem only between 31 December 2011 and 1 January 2013;
(b)
the institution did not exercise the call on the date of the effective maturity of the items;
(c)
the conditions laid down in Article 63 are not met from the date of the effective maturity of the items.
5.
The items shall qualify as Tier 2 items with their recognition reduced in accordance with Article 484(5) until the date of their effective maturity, and shall not qualify as Tier 2 items thereafter, where:
(a)
the institution was able to exercise a call with an incentive to redeem on or after 1 January 2013;
(b)
the institution did not exercise the call on the date of their effective maturity;
(c)
the conditions set out in Article 63 are not met from the date of effective maturity of the items.
6.
The items shall qualify as Tier 2 items in accordance with Article 484(5) where:
(a)
the institution was able to exercise a call with an incentive to redeem only prior to or on 31 December 2011;
(b)
the institution did not exercise the call on the date of the effective maturity of the items;
(c)
the conditions laid down in Article 63 are not met from the date of the effective maturity of the items.