in force 2025-01-01 MODIFIED+956 −2,589§
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 heading and substance of Article 316 changed from defining the "relevant indicator" based on profit-and-loss accounting elements under Directive 86/635/EEC to defining the "calculation of the annual operational risk loss" based on net losses exceeding thresholds in Article 319(1) or (2), calculated per Article 318(1).
The earlier version's detailed Table 1 of profit-and-loss elements, its adjustment rules for provisions, operating expenses, outsourcing fees, and exclusions such as extraordinary income or insurance income, and its leasing-related derogation are all absent from the later version, which instead introduces business-indicator thresholds of EUR 750 million and EUR 1 billion and a waiver mechanism tied to being unduly burdensome.
The later version also adds a new paragraph 2 defining the relevant business indicator as the highest value reported over the last eight reporting reference dates, or the most recent value if not yet reported, while paragraph 3 on EBA's regulatory technical standards remains present in both texts.
Cited: Art. 316, v1 · Art. 316, v2
text before / after
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before (02013R0575-20240709)
Article 316 Relevant indicator 1. For institutions applying accounting standards established by Directive 86/635/EEC, based on the accounting categories for the profit and loss account of institutions under Article 27 of that Directive, the relevant indicator is the sum of the elements listed in Table 1 of this paragraph. Institutions shall include each element in the sum with its positive or negative sign. Table 1 1 Interest receivable and similar income 2 Interest payable and similar charges 3 Income from shares and other variable/fixed-yield securities 4 Commissions/fees receivable 5 Commissions/fees payable 6 Net profit or net loss on financial operations 7 Other operating income Institutions shall adjust these elements to reflect the following qualifications: (a) institutions shall calculate the relevant indicator before the deduction of any provisions and operating expenses. Institutions shall include in operating expenses fees paid for outsourcing services rendered by third parties which are not a parent or subsidiary of the institution or a subsidiary of a parent which is also the parent of the institution. Institutions may use expenditure on the outsourcing of services rendered by third parties to reduce the relevant indicator where the expenditure is incurred from an undertaking subject to rules under, or equivalent to, this Regulation; (b) institutions shall not use the following elements in the calculation of the relevant indicator: (i) realised profits/losses from the sale of non-trading book items; (ii) income from extraordinary or irregular items; (iii) income derived from insurance. (c) when revaluation of trading items is part of the profit and loss statement, institutions may include revaluation. When institutions apply Article 36(2) of Directive 86/635/EEC, they shall include revaluation booked in the profit and loss account. By way of derogation from the first subparagraph of this paragraph, institutions may choose not to apply the accounting categories for the profit and loss account under Article 27 of Directive 86/635/EEC to financial and operating leases for the purpose of calculating the relevant indicator, and may instead: (a) include interest income from financial and operating leases and profits from leased assets in the category referred to in point 1 of Table 1; (b) include interest expense from financial and operating leases, losses, depreciation and impairment of operating leased assets in the category referred to in point 2 of Table 1. 2. When institutions apply accounting standards different from those established by Directive 86/635/EEC, they shall calculate the relevant indicator on the basis of data that best reflect the definition set out in this Article. 3. EBA shall develop draft regulatory technical standards to specify the condition of unduly burdensome for the purposes of paragraph 1. 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.
after (02013R0575-20250101)
Article 316 Calculation of the annual operational risk loss 1. Institutions with a business indicator equal to or exceeding EUR 750 million shall calculate their annual operational risk loss as the sum of all net losses over a given financial year, calculated in accordance with Article 318(1), that are equal to or exceed the loss data thresholds set out in Article 319(1) or (2). By way of derogation from the first subparagraph, competent authorities may grant a waiver from the requirement to calculate an annual operational risk loss to institutions with a business indicator that does not exceed EUR 1 billion, provided that the institution has demonstrated to the satisfaction of the competent authority that it would be unduly burdensome for the institution to apply the first subparagraph. 2. For the purposes of paragraph 1, the relevant business indicator shall be the highest value of the business indicator that the institution has reported at the last eight reporting reference dates. An institution that has not yet reported its business indicator shall use its most recent business indicator. 3. EBA shall develop draft regulatory technical standards to specify the condition of unduly burdensome for the purposes of paragraph 1. 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.