Crr Accompanying Regulation Crr Bv

Original Language Title: CRR-Begleitverordnung – CRR-BV

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425. Regulation of the Financial Markets Authority (FMA), with the accompanying measures on Regulation (EU) No 575/2013 as regards the exercise of electoral rights in relation to the transitional provisions concerning own resources requirements, which Market risk, credit risk and consolidation provisions (CRR-accompanying regulation-CRR-BV)

On the basis of section 21b (1) and (2) of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 184/2013-with the approval of the Federal Minister of Finance (Federal Minister for Finance)-concerning § § 1 to 20 of this Regulation:

Section 1

Own resources provisions

Transitional provisions on own resources requirements

§ 1. (1) Notwithstanding Article 92 (1) (lit). (a) Regulation (EU) No 575/2013 on the prudential requirements of credit institutions and investment firms, OJ L 139, 30.4.2013, p. No. L 176 of 27.06.2013 p. 1, is the hard core capital ratio for the calendar year 2014 4 vH.

(2) By way of derogation from Article 92 (1) (1). b of Regulation (EU) No 575/2013, the core capital ratio for the calendar year 2014 is 5.5 vH.

Transitional provisions on current-account unrealised gains and losses

§ 2. (1) For the purposes of Article 467 (1) of Regulation (EU) No 575/2013, the applicable percentage shall be 100 vH from the 1. Jänner 2014.

(2) For the purposes of Article 468 (1) of Regulation (EU) No 575/2013, the applicable percentage shall be:

1.

60 vH for the calendar year 2015;

2.

40 vH for the calendar year 2016;

3.

20 vH for the calendar year 2017.

(3) For the purposes of Article 468 (4) of Regulation (EU) No 575/2013, the applicable percentage shall be 100 vH from the 1. Jänner 2014.

Transitional provisions on applicable percentages relating to deductions of items of hard core capital

§ 3. (1) For the purposes of Art. 469 (1) (1) (1). (a) of Regulation (EU) No 575/2013, the percentage for the calendar year 2014 shall be as follows:

1.

20 vH with regard to the items referred to in Article 36 (1) (a), (b), (d) and (e) of Regulation (EU) No 575/2013;

2.

100 vH with regard to the items referred to in Article 36 (1) (lit). (f) Regulation (EU) No 575/2013;

3.

50 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these are direct participations;

4.

100 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these do not involve direct holdings.

(2) The one in Art. 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was fixed at 0 vH for the calendar year 2014.

(3) The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 shall be for the calendar year 2014 in respect of the items referred to in Article 36 (1) (1). (i) of Regulation (EU) No 575/2013 of 100 vH, provided that this is not a direct shareholding. For direct participations pursuant to Art. 36 (1) (lit). Regulation (EU) No 575/2013 shall be the one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 of 50 VH.

§ 4. (1) The one in Art. 469 (1) (1). For the calendar year 2015, the percentage referred to in Regulation (EU) No 575/2013 shall be as follows:

1.

40 vH in respect of the items referred to in Article 36 (1) (a), (b), (d) and (e) of Regulation (EU) No 575/2013;

2.

100 vH with regard to the items referred to in Article 36 (1) (lit). (f) Regulation (EU) No 575/2013;

3.

50 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013;

4.

100 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these do not involve direct holdings.

(2) The one in Art. 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was set at 10 vH for the calendar year 2015.

(3) The one referred to in Article 469 (1) (1). For the calendar year 2015, the percentage referred to in Regulation (EU) No 575/2013 shall be as regards the items referred to in Article 36 (1) (1) (1). (i) of Regulation (EU) No 575/2013 of 100 vH, provided that this is not a direct shareholding. For direct participations pursuant to Art. 36 (1) (lit). Regulation (EU) No 575/2013 shall be the one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 of 50 VH.

§ 5. (1) The one in Art. 469 (1) (1). For the calendar year 2016, the percentage referred to in Regulation (EU) No 575/2013 shall be as follows:

1.

60 vH in respect of the items referred to in Article 36 (1) (a), (b), (d) and (e) of Regulation (EU) No 575/2013;

2.

100 vH with regard to the items referred to in Article 36 (1) (lit). (f) Regulation (EU) No 575/2013;

3.

60 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that they are direct participations;

4.

100 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these do not involve direct holdings.

(2) The one in Art. 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 passed, for the calendar year 2016 with 20 vH fixed.

(3) The one referred to in Article 469 (1) (1). For the calendar year 2016, the percentage referred to in Regulation (EU) No 575/2013 shall be as regards the items referred to in Article 36 (1) (lit). (i) of Regulation (EU) No 575/2013 of 100 vH, provided that this is not a direct shareholding. For direct participations pursuant to Art. 36 (1) (lit). Regulation (EU) No 575/2013 shall be the one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 of 60%.

§ 6. (1) The one in Art. 469 (1) (1). For the calendar year 2017, the percentage referred to in Regulation (EU) No 575/2013 shall be as follows:

1.

80 vH in respect of the items referred to in Article 36 (1) (a), (b), (d) and (e) of Regulation (EU) No 575/2013;

2.

100 vH with regard to the items referred to in Article 36 (1) (lit). (f) Regulation (EU) No 575/2013;

3.

80 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these are direct participations;

4.

100 vH with regard to the items referred to in Article 36 (1) (lit). g and h of Regulation (EU) No 575/2013, provided that these do not involve direct holdings.

(2) The one in Art. 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 passed, for the calendar year 2017 with 30 vH fixed.

(3) The one referred to in Article 469 (1) (1). For the calendar year 2017, the percentage referred to in Regulation (EU) No 575/2013 shall be set out in respect of the items referred to in Article 36 (1) (lit). (i) of Regulation (EU) No 575/2013 of 100 vH, provided that this is not a direct shareholding. For direct participations pursuant to Art. 36 (1) (lit). Regulation (EU) No 575/2013 shall be the one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 of 80 vH.

§ 7. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was set at 40 vH for the calendar year 2018.

§ 8. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was fixed at 50 vH for the calendar year 2019.

§ 9. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was set at 60 vH for the 2020 calendar year.

§ 10. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was fixed at 70 vH for the calendar year 2021.

§ 11. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was fixed at 80 vH for the calendar year 2022.

§ 12. The one referred to in Article 469 (1) (1). (c) the percentage referred to in Regulation (EU) No 575/2013 as regards the items referred to in Article 36 (1) (1). c of Regulation (EU) No 575/2013, which shall be before 1 January 2014 was fixed at 90 vH for the calendar year 2023.

Transitional provisions on applicable percentages relating to deductions of items of additional core capital

§ 13. For the purposes of Art. 474 lit. (a) of Regulation (EU) No 575/2013, the percentage for the calendar year 2014 shall be as follows:

1.

100 vH with regard to the items referred to in Article 56 (lit). a of Regulation (EU) No 575/2013;

2.

20 vH in respect of the items referred to in Article 56 (b), (c) and (d) of Regulation (EU) No 575/2013, provided that these are direct holdings;

3.

100 vH with regard to the items referred to in Article 56 (b), (c) and (d) of Regulation (EU) No 575/2013, provided that such items are not direct participations;

4.

100 vH with regard to the items referred to in Article 56 (lit). e Regulation (EU) No 575/2013;

5.

100 vH with regard to the items referred to in Article 56 (lit). (f) Regulation (EU) No 575/2013.

§ 14. For the purposes of Art. 474 lit. (a) Regulation (EU) No 575/2013 shall be the percentage for the period of 1 January 2013. January 2015 to 31 December 2017 as regards all the drawing-off positions of 100 vH referred to in Article 56 of Regulation (EU) No 575/2013.

Transitional provisions on applicable percentages relating to deductions of items of supplementary capital

§ 15. For the purposes of Art. 476 lit. (a) of Regulation (EU) No 575/2013 the percentage shall be fixed for the calendar year 2014 as follows:

1.

100 vH in respect of the items referred to in Art. 66 lit. a of Regulation (EU) No 575/2013;

2.

20 vH in respect of the items referred to in Article 66 (b), (c) and (d) of Regulation (EU) No 575/2013, provided that these are direct holdings;

3.

100 vH with regard to the items referred to in Article 66 (b), (c) and (d) of Regulation (EU) No 575/2013, provided that these are not direct participations.

§ 16. For the purposes of Art. 476 lit. (a) Regulation (EU) No 575/2013 shall be the percentage for the period of 1. January 2015 to 31 December 2017 as regards all the drawing-off positions of 100 vH referred to in Article 66 of Regulation (EU) No 575/2013.

Transitional provisions for the recognition of instruments and positions in the consolidated hard core capital which are not in force as minority holdings

§ 17. For the purposes of Article 479 (2) of Regulation (EU) No 575/2013, the percentage to be applied shall be:

1.

80 vH for the calendar year 2014;

2.

60 vH for the calendar year 2015;

3.

40 vH for the calendar year 2016;

4.

20 vH for the calendar year 2017.

Transitional provisions on the recognition of minority shareholdings, qualifying additional core capital and supplementary capital in consolidated equity

§ 18. For the purposes of Article 480 (1) of Regulation (EU) No 575/2013, the applicable factor shall be:

1.

0.2 for the calendar year 2014;

2.

0.4 for the calendar year 2015;

3.

0.6 for the calendar year 2016;

4.

0.8 for the calendar year 2017.

Transitional provisions on additional filters and deductions

§ 19. For the purposes of Article 481 (1) of Regulation (EU) No 575/2013, the percentage applicable shall be:

1.

80 vH for the calendar year 2014;

2.

60 vH for the calendar year 2015;

3.

40 vH for the calendar year 2016;

4.

20 vH for the calendar year 2017.

Transitional provisions on restrictions on the protection of the stock of items within the framework of the hard core capital, the additional core capital and the supplementary capital

§ 20. For the purposes of Art. 486 of Regulation (EU) No 575/2013, the applicable percentages are:

1.

80 vH for the calendar year 2014;

2.

70 vH for the calendar year 2015;

3.

60 vH for the calendar year 2016;

4.

50 vH for the calendar year 2017;

5.

40 vH for the calendar year 2018;

6.

30 vH for the calendar year 2019;

7.

20 vH for the calendar year 2020;

8.

10 vH for the calendar year 2021.

Acquisition of intermediate profits and profits at the end of the year

§ 21. Annual profits, or annual profits determined before the final decision is taken, may be subject to the provisions of Article 26 (2) (lit). (a) and (b) of Regulation (EU) No 575/2013 are expected to be the hard core capital.

Section 2

Provisions on participations outside the financial sector

Risk weight of 1 250 vH

§ 22. Where the limits laid down in Article 89 (1) or (2) of Regulation (EU) No 575/2013 are exceeded, institutions shall, in accordance with Article 4 (1) (71) of Regulation (EU) No 575/2013, exceed those limits in respect of those limits -to hold additional qualifying holdings. If both the limit of Art. 89 (1) and (2) of Regulation (EU) No 575/2013 are exceeded, only the higher of the two exceedances shall be decisive.

Section 3

Provisions on credit risk

Materiality of a liability in the context of the debtor failure qualification

§ 23. In any event, a liability shall be deemed to be essential within the meaning of Art. 178 (1) (lit). (b) of Regulation (EU) No 575/2013, if the sum of all overdue credit rates, including open expenses and interest rates and overshootings of the customer, is greater than the sum of all claims and credit limits due on the basis of the total due receivment and credit limit. has been adjusted as 2.5 vH of the sum of all the overdraft frames announced to the customer for currency fluctuations and the amount of 250 euros.

Exception of equity positions from the application of the IRB Approach

§ 24. By 31 December 2017, credit institutions or groups of credit institutions applying the internal ratings-based approach in accordance with Articles 142 to 191 of Regulation (EU) No 575/2013 may apply the assessment basis for the credit risk to the credit risk for the credit risk Equity positions held on 31 December 2007 shall be determined in accordance with the credit risk standard rate in accordance with Articles 111 to 141 of Regulation (EU) No 575/2013. The position shall be based on the number of shares held at 31 December 2007 and any further increase immediately resulting from this ownership, as long as it does not increase the participation rate in that company. Not covered are equity positions to the extent that:

1.

has increased the participation rate of a particular company by means of a share acquisition, or

2.

which were held on 31 December 2007, but then sold and then repurchased.

Section 4

Provisions on market risk

Application of the market evaluation method within the framework of Article 282 of Regulation (EU) No 575/2013

§ 25. In the case of transactions with non-linear risk profiles and in the case of payment components and transactions with basic debt instruments for which the Institut Delta or, where appropriate, the modified term, institutions do not have a basis on the basis of one of the provisions of Art. 283 of the Regulation (EU) No 575/2013 for the determination of the capital requirement for the market risk model may be determined to determine the exposure value according to the market valuation method in accordance with Art. 274 of Regulation (EU) No 575/2013. Netting is not allowed.

Conversion of convertible bonds within the framework of the own resources requirements for the position risk

§ 26. Convertible bonds in accordance with § 174 (1) of the Stock Corporation Act-AktG, BGBl. I n ° 98/1965, are to be considered as substance value positions and can be included against shares in which the conversion right exists if:

1.

the period up to the date on which shares may be converted for the first time, is less than three months, or, if a change has already been made, the time limit until the next possible conversion is less than one year; and

2.

the convertible bond is traded at a premium of less than 10 vH; the premium is calculated from the market price of the convertible bond minus the market price of the share to which can be converted, expressed as a percentage of the market price of the stock. Market price of the share.

Section 5

Consolidation provisions

Shares in credit institutions, CRR credit institutions, CRR financial institutions, CRR investment firms, ancillary services providers and asset management companies within the meaning of Directive 2002 /87/EC

§ 27. (1) For participations within the meaning of Article 4 (1) (35) of Regulation (EU) No 575/2013 to credit institutions, CRR credit institutions, CRR financial institutions, CRR investment firms, ancillary services providers and asset management companies in the The meaning of Directive 2002/87/EC, which is included in the consolidated accounts in accordance with the accounting framework for the consolidated view in accordance with Article 4 (1) (77) of Regulation (EU) No 575/2013 by means of equivalence method , and not in accordance with Article 18 (1) to (4) of Regulation (EU) No 575/2013 in the Supervision on a consolidated basis shall also be used for the purposes of supervisory consolidation as defined in Part 1, Title II, Chapter 2 of Regulation (EU) No 575/2013, the equivalence method.

(2) Different amounts arising from the equivalence method shall be treated in accordance with the provisions of the accounting framework in force. The goodwill or goodwill arising from the difference shall be in accordance with Art. 37 lit. (b) Regulation (EU) No 575/2013.

§ 28. (1) If a credit institution directly and directly holds shares in other credit institutions, CRR credit institutions or CRR financial institutions in the amount of more than 10 vH of the capital of these institutions, and are not these in accordance with Art. 18 (1) to (4) of the Regulation (EU) No 575/2013 in the case of supervision on a consolidated basis may be consolidated, including in the case of holdings in credit or financial institutions in accordance with § 27.

(2) The pro-rata consolidation shall be carried out in accordance with the provisions laid down by the accounting framework in force for the implementation of a pro rata consolidation. The prudential treatment of possible differences or differences in exchange rates is governed by the general provisions of Regulation (EU) No 575/2013.

Shares in undertakings other than credit institutions, CRR credit institutions, CRR financial institutions, CRR investment firms, ancillary services providers or asset management companies within the meaning of Directive 2002/87/EC

§ 29. (1) The valuation of shares in undertakings other than credit institutions, CRR credit institutions, CRR financial institutions, CRR investment firms, ancillary services providers or asset management companies within the meaning of Directive 2002 /87/EC , according to the accounting framework applicable to the consolidated view, within the meaning of Article 4 (1) (77) of Regulation (EU) No 575/2013.

Where a credit institution or any of the undertakings included in the prudential consolidation of that credit institution has a significant influence on the undertaking referred to in paragraph 1 above, it may, for the purpose of the undertakings referred to in paragraph 1, have a significant influence on the undertaking referred to in paragraph 1. Shares for the purposes of supervisory consolidation as defined in Part 1, Title II, Chapter 2 of Regulation (EU) No 575/2013, shall be consistent with the equivalence method.

(3) Different amounts arising from the application of the equivalence method shall be dealt with in accordance with the provisions of the accounting framework in force. The goodwill or goodwill arising from the difference shall be in accordance with Art. 37 lit. (b) Regulation (EU) No 575/2013.

Consolidation of horizontal business groups

§ 30. Where institutions are linked to each other by a relationship within the meaning of Article 12 (1) of Directive 83 /349/EEC, the institution shall be the largest balance sheet total domestiated for the purposes of the supervisory consolidation as defined in Part 1, Title II, Chapter 2 of Regulation (EU) No 575/2013 is to be treated as a parent institution in the Member State.

6.

entry into force

§ 31. This Regulation shall enter into force 1. Jänner 2014 in force.

Ettl Kumpfmüller