in force 2025-01-01 MODIFIED+128 −2,126§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates removed: 2014-12-31
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it. Both are shown; neither is overruled.
The earlier version set out a permission and notification regime for institutions to use the Standardised Approach or Advanced Measurement Approaches for operational risk, including qualitative and quantitative standards, notification duties for model changes, and a mandate for EBA to develop regulatory technical standards.
The later version replaces all of that with a single sentence stating that the own funds requirement for operational risk is the business indicator component calculated in accordance with Article 313.
The heading of the article itself also changed, from referring to permission and notification to referring to the own funds requirement for operational risk.
Cited: Art. 312, v1 · Art. 312, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02013R0575-20240709)
Article 312 Permission and notification 1. To qualify for use of the Standardised Approach, institutions shall meet the criteria set out in Article 320, in addition to meeting the general risk management standards set out in Articles 74 and 85 of Directive 2013/36/EU. Institutions shall notify the competent authorities prior to using the Standardised Approach. Competent authorities shall permit institutions to use an alternative relevant indicator for the business lines of retail banking and commercial banking where the conditions set out in Articles 319(2) and 320 are met. 2. Competent authorities shall permit institutions to use Advanced Measurement Approaches based on their own operational risk measurement systems, where all the qualitative and quantitative standards set out in Articles 321 and 322 respectively are met and where institutions meet the general risk management standards set out in Articles 74 and 85 of Directive 2013/36/EU and Section II, Chapter 3, Title VII of that Directive. Institutions shall also apply for permission from their competent authorities where they want to implement material extensions and changes to those Advanced Measurement Approaches. Competent authorities shall grant the permission only where institutions would continue to meet the standards specified in the first subparagraph following those material extensions and changes. 3. Institutions shall notify the competent authorities of all changes to their Advanced Measurement Approaches models. 4. EBA shall develop draft regulatory technical standards to specify the following: (a) the assessment methodology under which the competent authorities permit institutions to use Advanced Measurement Approaches; (b) the conditions for assessing the materiality of extensions and changes to the Advanced Measurement Approaches; (c) the modalities of the notification required in paragraph 3. EBA shall submit those draft regulatory technical standards to the Commission by 31 December 2014. 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.
after (02013R0575-20250101)
Article 312 Own funds requirement for operational risk The own funds requirement for operational risk shall be the business indicator component calculated in accordance with Article 313.