emendrix

Art. 394

Capital Requirements Regulation · 32013R0575 · every event for this act · on EUR-Lex

Reporting requirements

7 changes recorded across 7 events, newest first.

in force 2025-01-01 MODIFIED+179 −66

Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795

applies from: unchanged

In paragraph 2, the phrase describing shadow banking entities has been shortened by removing the qualifier that they carry out banking activities outside the regulated framework.

Paragraph 2 also gains a new subparagraph requiring institutions to report their aggregate exposure to shadow banking entities to their competent authorities, in addition to the information already listed in that paragraph.

Cited: Art. 394, v1 · Art. 394, v2

text before / after

02013R0575-2024070902013R0575-20250101

Article 394 Reporting requirements 1. Institutions shall report the following information to their competent authorities for each large exposure that they hold, including large exposures exempted from the application of Article 395(1): (a) the identity of the client or the group of connected clients to which the institution has a large exposure; (b) the exposure value before taking into account the effect of the credit risk mitigation, where applicable; (c) where used, the type of funded or unfunded credit protection; (d) the exposure value, after taking into account the effect of the credit risk mitigation calculated for the purposes of Article 395(1), where applicable. Institutions that are subject to Chapter 3 of Title II of Part Three shall report their 20 largest exposures to their competent authorities on a consolidated basis, excluding the exposures exempted from the application of Article 395(1). Institutions shall also report exposures of a value greater than or equal to EUR 300 million but less than 10 % of the institution's Tier 1 capital to their competent authorities on a consolidated basis. 2. In addition to the information referred to in paragraph 1 of this Article, institutions shall report the following information to their competent authorities in relation to their 10 largest exposures to institutions on a consolidated basis, as well as their 10 largest exposures to shadow banking entities which carry out banking activities outside the regulated framework on a consolidated basis, including large exposures exempted from the application of Article 395(1): (a) the identity of the client or the group of connected clients to which an institution has a large exposure; (b) the exposure value before taking into account the effect of the credit risk mitigation, where applicable; (c) where used, the type of funded or unfunded credit protection; (d) the exposure value after taking into account the effect of the credit risk mitigation calculated for the purposes of Article 395(1), where applicable. In addition to the information referred to in the first subparagraph, institutions shall report to their competent authorities their aggregate exposure to shadow banking entities. 3. Institutions shall report the information referred to in paragraphs 1 and 2 to their competent authorities on at least a semi-annual basis. 4. EBA shall develop draft regulatory technical standards to specify the criteria for the identification of shadow banking entities referred to in paragraph 2. In developing those draft regulatory technical standards, EBA shall take into account international developments and internationally agreed standards on shadow banking and shall consider whether: (a) the relation with an individual entity or a group of entities may carry risks to the institution's solvency or liquidity position; (b) entities that are subject to solvency or liquidity requirements similar to those imposed by this Regulation and Directive 2013/36/EU should be entirely or partially excluded from the obligation to be reported referred to in paragraph 2 on shadow banking entities. EBA shall submit those draft regulatory technical standards to the Commission by 28 June 2020. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

in force 2024-07-09 MODIFIED

Amended by Regulation (EU) 2024/1623 32024R1623

applies from: unknown

Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.

text before / after, on the event page →

in force 2023-06-28 MODIFIED

Amended by Regulation (EU) 2019/876 32019R0876

applies from: unknown

Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.

text before / after, on the event page →

in force 2021-06-28 MODIFIED

Amended by Regulation (EU) 2019/2033 32019R2033 · Regulation (EU) 2019/876 32019R0876 · Regulation (EU) 2021/558 32021R0558 · Regulation (EU) 2020/873 32020R0873

applies from: unchanged

Paragraph 1 now names institutions as the reporting actor rather than referring to a single institution, adds a new requirement that institutions also report to their competent authorities on a consolidated basis exposures of a value between EUR 300 million and 10% of the institution's Tier 1 capital, and adds "where applicable" qualifiers to the exposure value provisions in points (b) and (d).

Paragraph 2 replaces the earlier reference to "unregulated financial sector entities" with "shadow banking entities which carry out banking activities outside the regulated framework" and likewise adds "where applicable" to point (d), while paragraph 3 now specifies that reporting under both paragraphs 1 and 2 must occur at least semi-annually rather than simply stating reporting shall be carried out at least twice a year.

The wording describing who reports the 20 largest exposures on a consolidated basis is also rephrased from referring to an institution subject to Part Three, Title II, Chapter 3 to referring to institutions subject to Chapter 3 of Title II of Part Three.

Cited: Art. 394, v1 · Art. 394, v2

text before / after, on the event page →

in force 2020-12-28 MODIFIED

Amended by Regulation (EU) 2019/876 32019R0876

applies from: unknown

Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.

text before / after, on the event page →

in force 2019-06-27 MODIFIED

Amended by Regulation (EU) 2019/876 32019R0876

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2020-06-28 · dates removed: 2014-01-01

Paragraph 4 changed from a mandate for EBA to draft implementing technical standards on uniform reporting formats, frequencies, dates and IT solutions into a mandate for EBA to draft regulatory technical standards specifying criteria for identifying shadow banking entities referred to in paragraph 2, including consideration of international developments and standards on shadow banking and of the two listed considerations about solvency or liquidity risk and possible exclusion of certain entities from that reporting obligation.

The submission deadline for EBA's draft standards to the Commission changed from 1 January 2014 to 28 June 2020, and the legal basis for the Commission's power changed from adopting implementing technical standards under Article 15 of Regulation (EU) No 1093/2010 to supplementing the Regulation by adopting regulatory technical standards under Articles 10 to 14 of that Regulation.

Cited: Art. 394, v1 · Art. 394, v2

text before / after, on the event page →

detected 2026-08-13 MODIFIED

no amending act named

applies from: unchanged

In paragraph 2, the phrase describing the ten largest exposures now refers to 'unregulated financial sector entities' rather than 'unregulated financial entities'.

Cited: Art. 394, v1 · Art. 394, v2

text before / after, on the event page →