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    EC Issues Consolidation Rule and ESRB Updates Reciprocation Measures

    April 28, 2022

    The European Commission (EC) published the Delegated Regulation 2022/676 on the regulatory technical standards specifying the conditions in accordance with which consolidation is to be carried out in the cases referred to in Article 18 of the Capital Requirements Regulation (CRR). Additionally, the European Systemic Risk Board (ESRB) published Recommendation ESRB/2022/1 on the reciprocation of macro-prudential measures in Belgium, France, Lithuania, Luxembourg, Netherlands, Norway, and Sweden.

    Regulation 2022/676

    This regulation specifies the conditions for the application of the different methods of prudential consolidation and the conditions in accordance with which the consolidation is to be carried out in cases:

    • of groups of undertakings that are related within the meaning of Article 22(7) of the Capital Requirements Directive (CRD IV)
    • of institutions or financial institutions managed by an undertaking included in the consolidation together with one or more undertakings not included in the consolidation
    • of participations or capital ties in institutions or financial institutions other than those referred to Article 18(1) and (4) of CRR
    • where an institution exercises a significant influence over one or more institutions or financial institutions, but without holding a participation or other capital ties in those institutions
    • where two or more institutions or financial institutions are placed under single management other than pursuant to a contract, clauses of their memoranda or articles of association
    • where a subsidiary or an undertaking in which an institution holds a participation is not an institution, financial institution or ancillary services undertaking

    Regulation 2022/676 also sets out the conditions for inclusion in consolidated Common Equity Tier 1, Additional Tier 1, and Tier 2 capital of instruments owned by persons other than the undertakings included in the prudential scope of consolidation. The regulatory technical standards have taken into consideration the Basel Committee on Banking Supervision (BCBS) guidelines on the identification and management of step-in risk and, therefore, include several indicators that should be assessed in order to identify the undertakings that can lead to step-in risk. Regulation 2022/676 shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

    ESRB Recommendation

    The Recommendation ESRB/2022/1, which amends Recommendation ESRB/2015/2, has been published in the Official Journal of the European Union. Via this recommendation, the General Board of ESRB decided to include

    • macro-prudential measure imposing a minimum average risk-weight for credit institutions authorized in the Netherlands and using the internal ratings-based approach, in the list of macro-prudential measures that are recommended for reciprocation under Recommendation ESRB/2015/2.
    • Lithuanian macro-prudential measure for systemic risk buffer rate in the list of macro-prudential measures that are recommended for reciprocation under Recommendation ESRB/2015/2
    • amended text on the reciprocation of certain macro-prudential measures from Belgium, France, Luxembourg, Norway, and Sweden

     

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    Keywords: Europe, EU, Belgium, France, Lithuania, Luxembourg, Norway, Netherlands, Sweden, Banking, CRR, Basel, CRD IV, Prudential Consolidation, Regulatory Technical Standards, Regulatory Capital, Systemic Risk, Reciprocity, Macro-Prudential Policy, IRB Approach, Systemic Risk Buffer, EC, ESRB

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