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
02013R0575-20240709 → 02013R0575-20250101
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.