emendrix

Art. 47c

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

Deduction for non-performing exposures

4 changes recorded across 4 events, newest first.

in force 2025-01-01 MODIFIED+557 −125

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

applies from: unchanged

Paragraph 4 no longer covers exposures guaranteed or insured by an official export credit agency, and now applies only to exposures guaranteed or counter-guaranteed by an eligible protection provider referred to in Article 201(1), points (a) to (e).

Point (b) of paragraph 4 now adds an exception under which a factor of 0 applies to the secured part of the non-performing exposure where the eligible protection provider agreed to fulfil all payment obligations of the obligor in full and in accordance with the original contractual payment schedule, instead of the factor of 1 that otherwise applies from the eighth year.

A new paragraph 4a has been added stating that, by way of derogation from paragraph 3, the part of a non-performing exposure guaranteed or insured by an official export credit agency shall not be subject to the requirements laid down in this Article.

Cited: Art. 47c, v2 · Art. 47c, v1

text before / after

02013R0575-2024070902013R0575-20250101

Article 47c Deduction for non-performing exposures 1. For the purposes of point (m) of Article 36(1), institutions shall determine the applicable amount of insufficient coverage separately for each non-performing exposure to be deducted from Common Equity Tier 1 items by subtracting the … 787 unchanged words … be applied as of the first day of the tenth year following its classification as non-performing. 4. By way of derogation from paragraph 3 of this Article, the following factors shall apply to the part of the non-performing exposure guaranteed or insured by an official export credit agency or guaranteed or counter-guaranteed by an eligible protection provider referred to in Article 201(1), points (a) to (e) of Article 201(1), (e), the unsecured exposures to which would be assigned a risk weight of 0 % under Part Three, Title II, Chapter 2 of Title II of Part Three: 2: (a) 0 for the secured part of the non-performing exposure to be applied during the period between one year and seven years following its classification as non-performing; and (b) 1 for the secured part of the non-performing exposure to be applied as of the first day of the eighth year following its classification as non-performing. non-performing, unless the eligible protection provider agreed to fulfil all payment obligations of the obligor towards the institution in full and in accordance with the original contractual payment schedule, in which case a factor of 0 for the secured part of the non-performing exposure shall apply. 4a. By way of derogation from paragraph 3, the part of the non-performing exposure guaranteed or insured by an official export credit agency shall not be subject to the requirements laid down in this Article. 5. EBA shall assess the range of practices applied for the valuation of secured non-performing exposures and may develop guidelines to specify a common methodology, including possible minimum requirements for re-valuation in terms of timing and ad hoc methods, for the prudential valuation of eligible forms of funded and unfunded credit protection, in particular regarding assumptions pertaining to their recoverability and enforceability. Those guidelines may also include a common methodology for the determination of the secured part of a non-performing exposure, as referred to in paragraph 1. Those guidelines shall be issued in accordance with Article 16 of Regulation (EU) No 1093/2010. 6. By way of derogation from paragraph 2, where an exposure has, between one year and two years following its classification as non-performing, been granted a forbearance measure, the factor applicable in accordance with paragraph 2 on the date on which the forbearance measure is granted shall be applicable for an additional period of one year. By way of derogation from paragraph 3, where an exposure has, between two and six years following its classification as non-performing, been granted a forbearance measure, the factor applicable in accordance with paragraph 3 on the date on which the forbearance measure is granted shall be applicable for an additional period of one year. This paragraph shall only apply in relation to the first forbearance measure that has been granted since the classification of the exposure as non-performing.

in force 2024-07-09 MODIFIED

Amended by Regulation (EU) 2024/1623 32024R1623

applies from: unknown

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in force 2020-06-27 MODIFIED

Amended by Regulation (EU) 2020/873 32020R0873

applies from: unchanged

Paragraph 4 now extends the preferential factors to the secured part of a non-performing exposure that is guaranteed or counter-guaranteed by an eligible protection provider referred to in points (a) to (e) of Article 201(1), where unsecured exposures to that provider would be assigned a risk weight of 0% under Chapter 2 of Title II of Part Three, in addition to exposures guaranteed or insured by an official export credit agency as before.

The introductory phrase of paragraph 4 was also tightened to specify that the derogation is from paragraph 3 of this Article, rather than simply from paragraph 3.

Cited: Art. 47c, v2 · Art. 47c, v1

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in force 2019-04-26 INSERTED

Amended by Regulation (EU) 2019/630 32019R0630

applies from: unknown (an inserted provision states its own application date only in prose)

This is a newly inserted article setting out a method for institutions to calculate, for the purposes of Article 36(1)(m), the applicable amount of insufficient coverage for each non-performing exposure to be deducted from Common Equity Tier 1 items, by comparing a sum based on unsecured and secured portions of the exposure against a sum of specific credit risk adjustments, value adjustments, own funds reductions and related amounts.

It further lays out graduated percentage factors applied over successive years following classification of an exposure as non-performing, distinguishing secured and unsecured portions, exposures secured by immovable property or guaranteed by eligible protection providers, and exposures guaranteed or insured by official export credit agencies, along with provisions on EBA guidelines for valuation methodology and on the effect of forbearance measures granted within specified periods.

Cited: Art. 47c, v2

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