Article 82
Eligibility and limits applicable to Tiers 1, 2 and 3
1.
As far as compliance with the Solvency Capital Requirement is concerned, the eligible amounts of Tier 2 and Tier 3 items shall be subject to all of the following quantitative limits:
(a)
the eligible amount of Tier 1 items shall be at least one half of the Solvency Capital Requirement;
(b)
the eligible amount of Tier 3 items shall be less than 15 % of the Solvency Capital Requirement;
(c)
the sum of the eligible amounts of Tier 2 and Tier 3 items shall not exceed 50 % of the Solvency Capital Requirement.
2.
As far as compliance with the Minimum Capital Requirements is concerned, the eligible amounts of Tier 2 items shall be subject to all of the following quantitative limits:
(a)
the eligible amount of Tier 1 items shall be at least 80 % of the Minimum Capital Requirement;
(b)
the eligible amounts of Tier 2 items shall not exceed 20 % of the Minimum Capital Requirement.
3.
Within the limit referred to in point (a) of paragraph 1 and point (a) of paragraph 2, the sum of the following basic own-fund items shall make up less than 20 % of the total amount of Tier 1 items:
(a)
items referred to in point (a)(iii) of Article 69;
(b)
items referred to in point (a)(v) of Article 69;
(c)
items referred to in point (b) of Article 69;
(d)
items that are included in Tier 1 basic own funds under the transitional arrangement set out in Article 308b(9) of Directive 2009/138/EC.