Article 76
Index holdings of capital instruments and of liabilities
1.
For the purposes of point (a) of Article 42, point (a) of Article 45, point (a) of Article 57, point (a) of Article 59, point (a) of Article 67, point (a) of Article 69, point (a) of Article 72f and point (a) of Article 72h, institutions may reduce the amount of a long position in a capital instrument or in a liability by the portion of an index that is made up of the same underlying exposure that is being hedged, provided that all the following conditions are met:
(a)
either both the long position being hedged and the short position in an index used to hedge that long position are held in the trading book or both are held in the non-trading book;
(b)
the positions referred to in point (a) are held at fair value on the balance sheet of the institution;
(c)
the short position referred to in point (a) qualifies as an effective hedge under the internal control processes of the institution;
(d)
the competent authorities assess the adequacy of the internal control processes referred to in point (c) on at least an annual basis and are satisfied with their continuing appropriateness.
2.
Where the competent authority has granted its prior permission, an institution may use a conservative estimate of the underlying exposure of the institution to capital instruments or to liabilities included in indices as an alternative to an institution calculating its exposure to the items referred to in one or more of the following points:
(a)
own Common Equity Tier 1, Additional Tier 1, Tier 2 and eligible liabilities instruments included in indices;
(b)
Common Equity Tier 1, Additional Tier 1 and Tier 2 instruments of financial sector entities, included in indices;
(c)
eligible liabilities instruments of institutions, included in indices.
3.
Competent authorities shall grant the prior permission referred to in paragraph 2 only where the institution has demonstrated to their satisfaction that it would be operationally burdensome for the institution to monitor its underlying exposure to the items referred to in one or more of the points of paragraph 2, as applicable.
4.
EBA shall develop draft regulatory technical standards to specify:
(a)
when an estimate used as an alternative to the calculation of underlying exposure referred to in paragraph 2 is sufficiently conservative;
(b)
the meaning of operationally burdensome for the purposes of paragraph 3.
EBA shall submit those draft regulatory technical standards to the Commission by 28 July 2013.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.