435. Regulation of the Financial Market Supervisory Authority (FMA) on the determination and recognition of the countercyclical capital buffer rate, on the establishment of the system risk buffer and on the detailed design of the calculation bases according to Article 23a (3) (1) (1) BWG and § 24 para. 2 BWG (capital buffer regulation-KP-V)

Pursuant to Section 23a (3), Section 23d (3) and Section 24 (2) of the Banking Act (BWG), BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 117/2015, is decreed, with the approval of the Federal Minister of Finance, in connection with Section 23a (3) and Section 23d (3) of the BWG:

Section 1

General provisions

Purpose

§ 1. This Regulation provides for the establishment and recognition of the countercyclical capital buffer in accordance with Article 23a (3) of the Federal Elections Act, the establishment of the system risk buffer in accordance with Section 23d (3) of the Federal Elections Act and the further development of the basic principles for the calculation of the maximum , in accordance with Article 141 (4) of Directive 2013 /36/EU pursuant to Article 24 (2) of the Federal Elections Act (BWG). The Regulation implements the recommendations of the Financial Stability Board (FMSG) and takes into account statements made by the OeNB.

Scope

§ 2. (1) The second section (capital buffer requirement for the countercyclical capital buffer) shall be applied to credit institutions in accordance with Section 1 (1) BWG, unless these are in accordance with § 3 BWG or § 30a paragraph 6 BWG in conjunction with Art. 10 of Regulation (EU) No. 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 73, 27.2.2012, p. No. 1, as last amended by the Delegated Regulation (EU) 2015/62, OJ L 176, 15.7.2000, p. No. OJ L 11 of 17.01.2015 p. 37, which is exempt from compliance with Section 23a of the Federal Elections Act.

(2) The 3. Section (capital buffer requirement for the system risk buffer) shall be applied to the credit institutions designated by name in Article 7 of this Regulation.

(3) The 4. Section (distribution restrictions) shall apply to credit institutions pursuant to Section 1 (1) BWG, unless these are excluded from compliance with Article 10 of Regulation (EU) No. 575/2013 in accordance with Section 3 of the Federal Elections Act (BWG) or Section 30a (6) of the Federal Elections Act (BWG) of compliance with Section 24 of the Federal Elections Act (BWG) .

Definitions

§ 3. For the purposes of this Regulation, the following definitions shall apply:

1.		Systemic risk: Systemic risk according to § 2 Z 41 BWG;
2.		Capital buffer requirement for system-relevant institutions: capital buffer requirement according to § 2 Z 43 BWG;
3.		Capital buffer requirement for global system-relevant institutions: capital buffer requirement according to § 2 Z 44 BWG;
4.		Capital buffer-request for the countercyclical capital buffer: capital buffer-requirement according to § 2 Z 44a BWG;
5.		Capital buffer request for the system risk buffer: Capital buffer request in accordance with § 2 Z 44b BWG;
6.		Combined capital buffer ratio: A capital buffer requirement in accordance with § 2 Z 45 BWG expressed as a percentage of the total risk calculated in accordance with Article 92 (3) of Regulation (EU) No 575/2013;
7.		Systemic vulnerability: increased vulnerability of one or more credit institutions to disturbances in the financial system, or parts thereof, on the basis of the linkages of the credit institution or institutions with other market participants or the financial system in general;
8.		Systemic risk of clumps: risk resulting from substantial similar exposures to the credit industry and may lead to disruptions of serious negative effects on account of this type of similarity in several credit institutions in the financial system and in the real economy.

Section 2

Capital buffer request for the countercyclical capital buffer

Determination of the capital buffer request

§ 4. (1) The institution-specific requirement for the countercyclical capital buffer referred to in Article 23a (1) of the BWG results from the weighted average of the rates of the countercyclical capital buffers which apply in the Member States and third countries in which: the main credit risk exposures in accordance with § 5 of the credit institution are multiplied by the total risk amount in accordance with Article 92 (3) of Regulation (EU) No 575/2013.

(2) For the calculation of the weighted average as referred to in paragraph 1, the competent supervisory authority for each Member State shall be responsible for the calculation of the average weighted average of the average. to multiply the quota fixed by the third country for the anti-cyclical capital buffer by the ratio of the ratio of the ratio of the ratio of the counter-cyclical capital buffer to the ratio determined in accordance with Part 3, Titles II and IV of Regulation (EU) No 575/2013. Total resources requirements for the submission of the essential credit risk positions in the Member State concerned, or in the third country concerned and the overall requirements for the lodging of credit risk of all major credit risk exposures.

(3) For the purposes of Section 23a (3) (2) of the Federal Elections Act (BWG), the following shall be January 2016 the capital buffer ratio for essential credit risk positions in Germany, which are located in Germany, 0%.

(4) Where a quota of more than 2.5% is established by the competent supervisory authority of another Member State or of a third country for its Member State or for its third country, the purposes of paragraph 1 shall be for essential credit risk positions. a quota of 2.5% in that Member State or third country.

(5) If a competent third country authority sets a national buffer quota, it shall apply twelve months after the date on which the competent third country authority has notified a change in the buffer quota.

Essential credit risk positions

§ 5. (1) For the purposes of Section 4, the credit risk exposures contained in all risk-taking classes, with the exception of the credit risk exposures referred to in Article 112 (a) to (f) or Article 147 (2) (a) and (b) of Regulation (EU) No 575/2013, shall be deemed essential. , where the following shall apply:

1.		They shall be subject to the own resources requirements for credit risks in accordance with Part 3, Title II of Regulation (EU) No 575/2013;
2.		if the risk position is kept in the trading book, the own resources requirements for the specific risk referred to in Part 3, Title IV, Chapter 2, or for the additional risk of default and migration under Part 3, Title IV, Chapter 5 of Regulation (EU) No 575/2013;
3.		if the risk position is a securitisation, the own resources requirements referred to in Part 3, Title II, Chapter 5, of Regulation (EU) No 575/2013 shall apply.

(2) The place of business of a substantial credit risk position shall be defined in accordance with the delegated Regulation (EU) No 1152/2014, OJ L 327, 31.12.2014, p. No. OJ L 309, 30.10.2014, p. 5.

Section 3

Capital buffer request for the system risk buffer

Determination of the capital buffer request

§ 6. For the purposes of Section 23d (3) (1) and (2) of the Federal Elections Act, the capital buffer requirement for the system risk buffer shall be determined on the basis of the consolidated situation and shall be calculated from the multiplication of the total amount of the system risk buffer in accordance with § 7 (1) and (2) for each of the following , the credit institution referred to in Article 92 (3) of Regulation (EU) No 575/2013.

Capital Buffer Request Rate for the System Risk Buffer

§ 7. (1) The capital buffer quota for systemic vulnerability shall be in accordance with Art. 133 of Directive 2013 /36/EU:

1.		for BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse Aktiengesellschaft on the basis of the consolidated position of Promontoria Sacher Holding N.V. 1%;
2.		for Erste Group Bank AG 1%;
3.		for HYPO NOE Group Bank AG 1%;
4.		for HYPO TIROL BANK AG on the basis of the consolidated situation of the country-Hypothekenbank Tirol shareholder management 1%;
5.		for the Oberösterreichische Landesbank Aktiengesellschaft 1%;
6.		for Raiffeisen Bank International AG 1%;
7.		for Raiffeisen Central Bank Austria Aktiengesellschaft 1%;
8.		for RAIFFEISENLANDESBANK NIEDERÖSTERREICH-WIEN AG on the basis of the consolidated position of RAIFFEISEN-HOLDING NIEDERAUSTRI-WIEN registered cooperative with limited liability 1%;
9.		for Raiffeisenlandesbank Oberösterreich Aktiengesellschaft on the basis of the consolidated situation of the Raiffeisenbankengruppe OÖ Verbund eGen 1%;
10.		for UniCredit Bank Austria AG 1%;
11.		for the Vorarlberger Landes-und Hypothekenbank Aktiengesellschaft on the basis of the consolidated position of the Vorarlberg Landesbank Holding 1%.

(2) The capital buffer quota for the systemic risk of clumps of clumps in accordance with Art. 133 of Directive 2013 /36/EU is:

1.		for Erste Group Bank AG 1%;
2.		for Raiffeisen Bank International AG 1%;
3.		for Raiffeisen Central Bank Austria Aktiengesellschaft 1%;
4.		for Sberbank Europe AG 1%;
5.		for UniCredit Bank Austria AG 1%.

Section 4

Diversion restrictions

Determination of the maximum payout amount

§ 8. (1) In accordance with Article 141 (4) of Directive 2013 /36/EU, for the purposes of Article 24 (2), last subparagraph, the maximum amount eligible for a BWG shall be multiplied by multiplying the sum determined in accordance with paragraph 2 by the amount determined in accordance with the provisions of paragraph 3. Factor to be calculated. If measures pursuant to § 24 (2) (2) (1) to (3) of the Federal Elections Act (BWG) are set in accordance with the calculation of the maximum amount capable of being paid out, they shall reduce the amount eligible for the distributable

(2) The sum to be multiplied in accordance with paragraph 1 shall include:

1.		Interim gains made pursuant to Art. 26 (2) of Regulation (EU) No 575/2013 in conjunction with Section 21 of the CRR accompanying Regulation, BGBl. II No 425/2013, have not been attributed to the hard core capital and have been generated since the last decision on the profit distribution or any of the measures pursuant to Article 24 (2) (1) to (3) of the BWG;

plus

2.		the profits at the end of the year, which have not been attributed to the hard core capital in accordance with Article 26 (2) of Regulation (EU) No 575/2013 in conjunction with Article 21 of the CRR accompanying Regulation, and since the last decision on the profit distribution or on a the measures have been generated in accordance with Article 24 (2) (1) to (3) of the BWG;

less than

3.		the amounts that would be payable in the form of taxes if the profits were to be retained in accordance with Z 1 and 2.

(3) The factor referred to in paragraph 1 shall be determined as follows: is the pre-held and not for the consideration of the own resources requirements as referred to in Article 92 (1) (c) of Regulation (EU) No 575/2013, nor to the position of any additional Own resources requirement pursuant to Section 70 (4a) (1) of the Federal Elections Act or Article 16 (2) (a) of Regulation (EU) No 1024/2013 on the transfer of special tasks relating to the prudential supervision of credit institutions to the European Central Bank, OJ L 327, 28.10.2013, p. No. 63, hard core capital used, expressed as a percentage of the total risk calculated in accordance with Article 92 (3) of Regulation (EU) No 575/2013,

1.		greater than zero and less than a quarter of the combined capital buffer ratio, the factor 0 shall be equal to zero;
2.		greater than or equal to a quarter of the combined capital buffer ratio and less than two-quarters of the combined capital buffer requirement, the factor shall be 0.2;
3.		greater than or equal to two quarters of the combined capital buffer quota and less than three quarters of the combined capital buffer requirement, the factor shall be 0.4;
4.		greater than or equal to three quarters of the combined capital buffer ratio and less than the combined capital buffer requirement, the factor shall be 0.6.

Section 5

Transitional and final provisions

entry into force

§ 9. This Regulation shall enter into force 1. Jänner 2016 in force.

Transition determination for the system risk buffer

§ 10. For credit institutions directly supervised by the European Central Bank in accordance with Article 6 (4) of Regulation (EU) No 1024/2013, the total amount of the quotas fixed for the credit institution referred to in Article 7 (1) and (2) shall be the total for the credit institution Period

1.		of 1. January 31 to December 31, 2016, with 0.25%,
2.		of 1. January 31 to December 31, 2017 at 0.5%,
3.		of 1. Jänner to 31 December 2018 with 1%
limited.

Ettl Kumpfmüller