in force 2025-01-01 MODIFIED+989 −9§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
The AFTER text adds a new point (g) stating that, for exposures to institutions, an institution shall not use an ECAI credit assessment that incorporates assumptions of implicit government support, unless that assessment refers to an institution owned by or set up and sponsored by central governments, regional governments or local authorities.
The AFTER text also adds text clarifying that, for institutions other than those owned by or set up and sponsored by central, regional or local government bodies, where only credit assessments incorporating implicit government support exist, exposures to such institutions are to be treated as exposures to unrated institutions under Article 121, and it adds a definition stating that implicit government support means the government or authority acting to prevent creditors from incurring losses on the institution's default or distress.
The BEFORE text contains neither point (g) nor these two additional paragraphs.
Cited: Art. 138, v2 · Art. 138, v1
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 138
General requirements
An institution may nominate one or more ECAIs to be used for the determination of risk weights to be assigned to assets and off-balance sheet items. An institution may revoke its nomination of an ECAI. An institution shall substantiate the revocation if there are concrete indications that the intention underlying the revocation is to reduce the capital adequacy requirements. Credit assessments shall not be used selectively. An institution shall use solicited credit assessments. However it may use unsolicited credit assessments if EBA has confirmed that unsolicited credit assessments of an ECAI do not differ in quality from solicited credit assessments of this ECAI. EBA shall refuse or revoke this confirmation in particular if the ECAI has used an unsolicited credit assessment to put pressure on the rated entity to place an order for a credit assessment or other services. In using credit assessment, institutions shall comply with the following requirements:
(a) an institution which decides to use the credit assessments produced by an ECAI for a certain class of items shall use those credit assessments consistently for all exposures belonging to that class;
(b) an institution which decides to use the credit assessments produced by an ECAI shall use them in a continuous and consistent way over time;
(c) an institution shall only use ECAIs credit assessments that take into account all amounts both in principal and in interest owed to it;
(d) where only one credit assessment is available from a nominated ECAI for a rated item, that credit assessment shall be used to determine the risk weight for that item;
(e) where two credit assessments are available from nominated ECAIs and the two correspond to different risk weights for a rated item, the higher risk weight shall be assigned;
(f) where more than two credit assessments are available from nominated ECAIs for a rated item, the two assessments generating the two lowest risk weights shall be referred to. If the two lowest risk weights are different, the higher risk weight shall be assigned. If the two lowest risk weights are the same, that risk weight shall be assigned. assigned;
(g) for exposures to institutions, an institution shall not use an ECAI credit assessment that incorporates assumptions of implicit government support, unless the respective ECAI credit assessment refers to an institution owned by or set up and sponsored by central governments, regional governments or local authorities.
For the purposes of the first paragraph, point (g), in the case of institutions, other than institutions owned by or set up and sponsored by central governments, regional governments or local authorities, for which only ECAI credit assessments exist which incorporate assumptions of implicit government support, exposures to such institutions shall be treated as exposures to unrated institutions in accordance with Article 121.
Implicit government support means that the central government, regional government or local authority would act to prevent creditors of the institution from incurring losses in the event of the institution’s default or distress.