Article 87
1. The risk-weighted
exposure amounts for credit risk for exposures belonging to one
of the exposure classes referred to in points (a) to (e) or (g) of
Article 86(1) shall, unless deducted from own funds, be calculated in
accordance with Annex VII, Part 1, points 1 to 27.
2. The risk-weighted
exposure amounts for dilution risk for purchased receivables shall
be calculated according to Annex VII, Part 1, point 28. Where a
credit institution has full recourse in respect of purchased
receivables for default risk and for dilution risk, to the seller of the
purchased receivables, the provisions of Articles 87 and 88 in
relation to purchased receivables need not be applied. The exposure
may instead be treated as a collateralised exposure.
3. The calculation of
risk-weighted exposure amounts for credit risk and dilution risk
shall be based on the relevant parameters associated with the
exposure in question. These shall include probability of default
(PD), LGD, maturity (M) and exposure value of the exposure. PD
and LGD may be considered separately or jointly, in accordance
with Annex VII, Part 2.
4. Notwithstanding
paragraph 3, the calculation of riskweighted exposure amounts for credit
risk for all exposures belonging to the exposure
class referred to in point (e) of Article 86(1) shall be calculated
in accordance with Annex VII, Part 1, points 17 to 26 subject to
approval of the competent authorities.
Competent authorities shall
only allow a credit institution to use the approach set out in
Annex VII, Part 1, points 25 and 26 if the credit institution meets
the minimum requirements set out in Annex VII, Part 4, points
115 to 123.
5. Notwithstanding
paragraph 3, the calculation of risk weighted exposure amounts
for credit risk for specialised lending exposures may be calculated
in accordance with Annex VII, Part 1, point 6. Competent
authorities shall publish guidance on how credit institutions should
assign risk weights to specialised lending exposures under
Annex VII, Part 1, point 6 and shall approve credit institution
assignment methodologies.
6. For exposures belonging
to the exposure classes referred to in points (a) to (d) of
Article 86(1), credit institutions shall provide their own estimates
of PDs in accordance with Article 84 and Annex VII, Part 4.
7. For exposures belonging
to the exposure class referred to in point (d) of Article 86(1),
credit institutions shall provide own estimates of LGDs and
conversion factors in accordance with Article 84 and Annex VII,
Part 4.
8. For exposures belonging
to the exposure classes referred to in points (a) to (c) of
Article 86(1), credit institutions shall apply the LGD values set out in
Annex VII, Part 2, point 8, and the conversion factors set out
in Annex VII, Part 3, point 9(a) to (d).
9. Notwithstanding
paragraph 8, for all exposures belonging to the exposure classes
referred to in points (a) to (c) of Article 86 (1), competent authorities
may permit credit institutions to use own estimates of LGDs and
conversion factors in accordance with Article 84 and Annex
VII, Part 4.
10. The risk-weighted
exposure amounts for securitised exposures and for exposures
belonging to the exposure class referred to in point (f) of
Article 86(1) shall be calculated in accordance with Subsection
4.
11. Where exposures in the
form of a collective investment undertaking (CIU) meet the
criteria set out in Annex VI, Part 1, points 77 and 78 and the
credit institution is aware of all of the underlying exposures of the
CIU, the credit institution shall look through to those underlying
exposures in order to calculate riskweighted exposure amounts and
expected loss amounts in accordance with the methods
set out in this Subsection.
Where the credit
institution does not meet the conditions for using the methods set out
in this Subsection, risk weighted exposure amounts and
expected loss amounts shall be calculated in accordance with the
following approaches:
(a) for exposures belonging
to the exposure class referred to in point (e) of Article 86(1),
the approach set out in Annex VII, Part 1, points 19 to
21. If, for those purposes, the credit institution is unable to
differentiate between private equity, exchange-traded and other
equity exposures, it shall treat the exposures concerned as
other equity exposures;
(b) for all other
underlying exposures, the approach set out in Subsection 1, subject to
the following modifications:
(i) the exposures are
assigned to the appropriate exposure class and
attributed the risk weight of the credit quality step
immediately above the credit quality step that would normally be
assigned to the exposure, and
(ii) exposures assigned to
the higher credit quality steps, to which a risk weight of
150 % would normally be attributed, are assigned a
risk weight of 200 %.
12. Where exposures in the
form of a CIU do not meet the criteria set out in Annex
VI, Part 1, points 77 and 78, or the credit institution is not
aware of all of the underlying exposures of the CIU, the credit
institution shall look through to the underlying exposures and
calculate risk-weighted exposure amounts and expected loss
amounts in accordance with the approach set out in Annex
VII, Part 1, points 19 to 21. If, for those purposes, the credit
institution is unable to differentiate between private equity,
exchange-traded and other equity exposures, it shall treat
the exposures concerned as other equity exposures.
For these purposes, non
equity exposures are assigned to one of the classes
(private equity, exchange traded equity or other equity) set out in
Annex VII, Part 1, point 19 and unknown exposures are assigned to
other equity class.
Alternatively to the method
described above, credit institutions may calculate themselves or
may rely on a third party to calculate and report the average risk
weighted exposure amounts based on the CIU's underlying
exposures in accordance with the following approaches, provided that
the correctness of the calculation and the report is adequately
ensured:
(a) for exposures belonging
to the exposure class referred to in point (e) of Article 86(1),
the approach set out in Annex VII, Part 1, points 19 to
21. If, for those purposes, the credit institution is unable to
differentiate between private equity, exchange‑traded
and other equity exposures, it shall treat the exposures concerned as
other equity exposures; or (b) for all other
underlying exposures, the approach set out in Subsection 1, subject to
the following modifications:
(i) the exposures are
assigned to the appropriate exposure class and
attributed the risk weight of the credit quality step
immediately above the credit quality step that would normally be
assigned to the exposure, and
(ii) exposures assigned to
the higher credit quality steps, to which a risk weight of
150 % would normally be attributed, are assigned a
risk weight of 200 %.
Article 88
1. The expected loss
amounts for exposures belonging to one of the exposure classes
referred to in points (a) to (e) of Article 86(1) shall be calculated
in accordance with the methods set out in Annex VII, Part 1,
points 29 to 35.
2. The calculation of
expected loss amounts in accordance with Annex VII, Part 1, points
29 to 35 shall be based on the same input figures of PD, LGD
and the exposure value for each exposure as being used for
the calculation of risk-weighted exposure amounts in
accordance with Article 87.
For defaulted exposures, where credit
institutions use own estimates of LGDs, expected loss (‘EL’)
shall be the credit institution's best estimate of
EL
(
,’)
for the defaulted exposure, in accordance with Annex VII, Part 4, point 80.
3. The expected loss
amounts for securitised exposures shall be calculated in accordance
with Subsection 4.
4. The expected loss amount
for exposures belonging to the exposure class referred to
in point (g) of Article 86(1) shall be zero.
5. The expected loss
amounts for dilution risk of purchased receivables shall be
calculated in accordance with the methods set out in Annex VII, Part
1, point 35.
6. The expected loss
amounts for exposures referred to in Article 87(11) and (12)
shall be calculated in accordance with the methods set out in Annex
VII, Part 1, points 29 to 35.
Article 89
1. Subject to the approval
of the competent authorities, credit institutions permitted to
use the IRB Approach in the calculation of risk-weighted exposure
amounts and expected loss amounts for one or more exposure
classes may apply Subsection 1 for the following:
(a) the exposure class
referred to in point (a) of Article 86(1), where the number of
material counterparties is limited and it would be unduly
burdensome for the credit institution to implement a rating system
for these counterparties;
(b) the exposure class
referred to in point (b) of Article 86(1), where the number of
material counterparties is limited and it would be unduly
burdensome for the credit institution to implement a rating system
for these counterparties;
(c) exposures in
non-significant business units as well as exposure classes that are
immaterial in terms of size and perceived risk profile;
(d) exposures to central
governments of the home Member State and to their regional
governments, local authorities and administrative bodies,
provided that:
(i) there is no difference
in risk between the exposures to that central government and
those other exposures because of specific public
arrangements, and
(ii) exposures to the
central government are assigned a 0 % risk weight under
Subsection 1;
(e) exposures of a credit
institution to a counterparty which is its parent undertaking, its
subsidiary or a subsidiary of its parent undertaking provided
that the counterparty is an institution or a financial
holding company, financial institution, asset
management company or ancillary services undertaking
subject to appropriate prudential requirements or an
undertaking linked by a relationship within the meaning of
Article 12(1) of Directive 83/349/ EEC and exposures between
credit institutions which meet the requirements set out in
Article 80(8);
(f) equity exposures to
entities whose credit obligations qualify for a 0 % risk weight under
Subsection 1 (including those publicly sponsored entities
where a zero risk weight can be applied);
(g) equity exposures
incurred under legislative programmes to promote specified sectors
of the economy that provide significant subsidies for
the investment to the credit institution and involve
some form of government oversight and restrictions on the
equity investments. This exclusion is limited to an aggregate of
10 % of original own funds plus additional own funds;
(h) the exposures
identified in Annex VI, Part 1, point 40 meeting the conditions
specified therein; or (i) State and
State-reinsured guarantees pursuant to Annex VIII, Part 2, point 19.
This paragraph shall not
prevent the competent authorities of other Member States to
allow the application of the rules of Subsection 1 for equity
exposures which have been allowed for this treatment in other
Member States.
2. For the purposes of
paragraph 1, the equity exposure class of a credit institution shall
be considered material if their aggregate value, excluding equity
exposures incurred under legislative programmes as referred to
in paragraph 1, point (g), exceeds, on average over the preceding
year, 10 % of the credit institution's own funds.
If the number of those
equity exposures is less than 10 individual holdings,
that threshold shall be 5 % of the credit institution's own funds.