Article 12
Level 2B assets
1.
Level 2B assets shall only include assets falling under one or more of the following categories and meeting in each case the eligibility criteria laid down herein:
(a)
exposures in the form of asset-backed securities meeting the requirements laid down in Article 13;
(b)
corporate debt securities which meet all of the following requirements:
(i)
they have received a credit assessment by a nominated ECAI which is at least credit quality step 3 in accordance with Article 122 of Regulation (EU) No 575/2013 or the equivalent credit quality step in the event of a short term credit assessment;
(ii)
the securities issue size is at least EUR 250 million (or the equivalent in domestic currency);
(iii)
the maximum time to maturity of the securities at the time of issuance is 10 years;
(c)
shares, provided that they meet all of the following requirements:
(i)
they form part of a major stock index in a Member State or in a third country, as identified as such for the purposes of this point by the competent authority of a Member State or the relevant public authority in a third country. In the absence of any decision from the competent authority or public authority in relation to major stock indexes, credit institutions shall regard as such a stock index composed of leading companies in the relevant jurisdiction;
(ii)
they are denominated in the currency of the credit institution's home Member State or, where denominated in a different currency, they count as level 2B only up to the amount to cover stressed net liquidity outflows in that currency or in the jurisdiction where the liquidity risk is taken; and
(iii)
they have a proven record as a reliable source of liquidity at all times, including during stress periods. This requirement shall be deemed met where the level of decline in the share's stock price or increase in its haircut during a 30 day calendar day market stress period did not exceed 40 % or 40 percentage points, respectively; and
(d)
restricted-use committed liquidity facilities that may be provided by the ECB, the central bank of a Member State or the central bank of a third country, provided that the requirements laid down in Article 14 are met;
(e)
exposures in the form of high quality covered bonds which shall comply with all of the following requirements:
(i)
they are covered bonds as referred to in Article 3(1) of Directive (EU) 2019/2162 or they are issued before 8 July 2022 and meet the requirements set out in Article 52(4) of Directive 2009/65/EC, as applicable on the date of their issue, which makes them eligible for prudential treatment as covered bonds until their maturity;
(iv)
their issue size is at least EUR 250 million (or the equivalent amount in domestic currency);
(v)
the covered bonds are collateralised exclusively by the assets referred to in points (a), (d)(i) and (e) of Article 129(1) of Regulation (EU) No 575/2013.
(vi)
the pool of underlying assets consists exclusively of exposures which qualify for a 35 % or lower risk weight under Article 125 of Regulation (EU) No 575/2013 for credit risk;
(vii)
the cover pool meets at all times an asset coverage requirement of at least 10 % in excess of the amount required to meet the claims attaching to the covered bonds;
(viii)
the issuing credit institution needs to publicly disclose on a monthly basis that the cover pool meets the 10 % asset coverage requirement;
(f)
for credit institutions which in accordance with their statutes of incorporation are unable for reasons of religious observance from holding interest bearing assets, non-interest bearing assets constituting a claim on or guaranteed by central banks or by the central government or the central bank of a third country or by a regional government, local authority or public sector entity in a third country, provided that those assets have a credit assessment by a nominated ECAI of at least credit quality step 5 in accordance with Article 114 of Regulation (EU) No 575/2013, or the equivalent credit-quality step in the event of a short-term credit assessment.
2.
The market value of each of the level 2B assets shall be subject to the following minimum haircuts:
(a)
the applicable haircut set out in Article 13(14) for level 2B securitisations;
(b)
a 50 % haircut for corporate debt securities referred to in paragraph (1)(b);
(c)
a 50 % haircut for shares referred to in paragraph 1(c);
(d)
a 30 % haircut for covered bond programmes or issues referred to in paragraph (1)(e);
(e)
a 50 % haircut for non-interest bearing assets referred to in paragraph 1(f).
3.
For credit institutions which in accordance with their statutes of incorporation are unable for reasons of religious observance to hold interest bearing assets, the competent authority may allow to derogate from points (ii) and (iii) of paragraph 1(b) of this Article, provided there is evidence of insufficient availability of non-interest bearing assets meeting these requirements and the non-interest bearing assets in question are adequately liquid in private markets.
In determining whether the non-interest bearing assets are adequately liquid for the purposes of the first subparagraph, the competent authority shall consider the following factors:
(a)
the available data in respect of their market liquidity, including trading volumes, observed bid-offer spreads, price volatility and price impact; and
(b)
other factors relevant to their liquidity, including the historical evidence of the breadth and depth of the market for those non-interest bearing assets, the number and diversity of market participants and the presence of a robust market infrastructure.