in force 2025-01-01 MODIFIED+380 −959§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
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 article heading changed from "Own funds requirement" to "Adjustments to the business indicator", and the substantive content of paragraphs 1, 2 and 4 was replaced.
The prior text describing calculation of a 15% own funds requirement based on a three-year average of the relevant indicator, treatment of institutions in operation less than three years, and exclusion of negative or zero observations has been removed, and replaced with text on including business indicator items of merged or acquired entities from the time of the merger or acquisition covering the last three financial years, and on requesting permission to exclude amounts related to disposed entities or activities.
Paragraph 3 on EBA's development of draft regulatory technical standards and the delegation of power to the Commission remains present in both versions with the same submission date and cross-references.
Cited: Art. 315, v1 · Art. 315, v2
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 315
Own funds requirement Adjustments to the business indicator
1. Under Institutions shall include business indicator items of merged or acquired entities or activities in their business indicator calculation from the Basic Indicator Approach, the own funds requirement for operational risk is equal to 15 % time of the average over three years of the relevant indicator merger or acquisition, as set out in Article 316.
Institutions applicable, and shall calculate the average over three years of the relevant indicator on the basis of cover the last three twelve-monthly observations at financial years.
2. Institutions may request permission from the end of competent authority to exclude from the financial year. When audited figures are not available, institutions may use business estimates.
2. Where an institution has been in operation for less than three years it may use forward-looking business estimates in calculating the relevant indicator, provided that it starts using historical data as soon as it is available. indicator amounts related to disposed entities or activities.
3. EBA shall develop draft regulatory technical standards to specify the following:
(a) how institutions are to determine the adjustments to the business indicator referred to in paragraphs 1 and 2;
(b) the conditions under which competent authorities are able to grant the permission referred to in paragraph 2;
(c) the timing for the adjustments referred to in paragraph 2.
EBA shall submit those draft regulatory technical standards to the Commission by 10 January 2026.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
4. Where for any given observation, the relevant indicator is negative or equal to zero, institutions shall not take into account this figure in the calculation of the average over three years. Institutions shall calculate the average over three years as the sum of positive figures divided by the number of positive figures.