emendrix

Annex I

Capital Requirements Regulation · 32013R0575 · every event for this act · on EUR-Lex

Classification of off-balance-sheet items

3 changes recorded across 3 events, newest first.

in force 2025-01-01 MODIFIED+1,849 −2,088

Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795

applies from: unchanged

The classification structure changed from four risk-level categories (full, medium, medium/low and low risk) with lettered sub-items to a five-bucket table format numbered 1 through 5, each with its own list of items.

Items were regrouped and reworded across the new buckets, for example combining credit derivatives, guarantees and acceptances into bucket 1, moving note issuance and revolving underwriting facilities into bucket 2 regardless of maturity, placing undrawn commitments into bucket 3, consolidating trade finance items into bucket 4, and placing unconditionally cancellable commitments and retail credit lines into bucket 5.

Some wording was also altered, such as replacing the phrase 'without notice' with 'without prior notice' in the provision on tender and performance guarantee facilities.

Cited: Annex I, v1 · Annex I, v2

text before / after

texts differ too much for an inline diff; shown separately

before (02013R0575-20240709)

ANNEX I
Classification of off-balance sheet items
1. Full risk:
(a) guarantees having the character of credit substitutes, (e.g. guarantees for the good payment of credit facilities);
(b) credit derivatives;
(c) acceptances;
(d) endorsements on bills not bearing the name of another institution or investment firm;
(e) transactions with recourse (e.g. factoring, invoice discount facilities);
(f) irrevocable standby letters of credit having the character of credit substitutes;
(g) assets purchased under outright forward purchase agreements;
(h) forward deposits;
(i) the unpaid portion of partly-paid shares and securities;
(j) asset sale and repurchase agreements as referred to in Article 12(3) and (5) of Directive 86/635/EEC;
(k) other items also carrying full risk.
2. Medium risk:
(a) trade finance off-balance sheet items, namely documentary credits issued or confirmed (see also Medium/low risk);
(b) other off-balance sheet items:
(i) shipping guarantees, customs and tax bonds;
(ii) undrawn credit facilities (agreements to lend, purchase securities, provide guarantees or acceptance facilities) with an original maturity of more than one year;
(iii) note issuance facilities (NIFs) and revolving underwriting facilities (RUFs);
(iv) other items also carrying medium risk and as communicated to EBA.
3. Medium/low risk:
(a) trade finance off-balance sheet items:
(i) documentary credits in which underlying shipment acts as collateral and other self-liquidating transactions;
(ii) warranties (including tender and performance bonds and associated advance payment and retention guarantees) and guarantees not having the character of credit substitutes;
(iii) irrevocable standby letters of credit not having the character of credit substitutes;
(b) other off-balance sheet items:
(i) undrawn credit facilities which comprise agreements to lend, purchase securities, provide guarantees or acceptance facilities with an original maturity of up to and including one year which may not be cancelled unconditionally at any time without notice or that do not effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness;
(ii) other items also carrying medium/low risk and as communicated to EBA.
4. Low risk:
(a) undrawn credit facilities comprising agreements to lend, purchase securities, provide guarantees or acceptance facilities which may be cancelled unconditionally at any time without notice, or that do effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness. Retail credit lines may be considered as unconditionally cancellable if the terms permit the institution to cancel them to the full extent allowable under consumer protection and related legislation;
(b) undrawn credit facilities for tender and performance guarantees which may be cancelled unconditionally at any time without notice, or that do effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness; and
(c) other items also carrying low risk and as communicated to EBA.

after (02013R0575-20250101)

ANNEX I
Classification of off-balance-sheet items
Bucket Items
1 (a) Credit derivatives and general guarantees of indebtedness, including standby letters of credit serving as financial guarantees for loans and securities, and acceptances, including endorsements with the character of acceptances, as well as any other direct credit substitutes;
(b) Sale and repurchase agreements and asset sales with recourse where the credit risk remains with the institution;
(c) Securities lent by the institution or securities posted by the institution as collateral, including instances where those arise out of repo-style transactions;
(d) Forward asset purchases, forward deposits and partly paid shares and securities, which represent commitments with certain drawdown;
(e) Off-balance-sheet items constituting a credit substitute where not explicitly included in any other category;
(f) Other off-balance-sheet items carrying similar risk and as communicated to EBA.
2 (a) Note issuance facilities (NIFs) and revolving underwriting facilities (RUFs) regardless of the maturity of the underlying facility;
(b) Performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions and similar transaction-related contingent items, excluding trade finance off-balance-sheet items referred to in bucket 4;
(c) Other off-balance-sheet items carrying similar risk, as communicated to EBA.
3 (a) The undrawn amount of commitments, regardless of the maturity of the underlying facility, unless they fall under another category;
(b) Other off-balance-sheet items carrying similar risk, as communicated to EBA.
4 (a) Trade finance off-balance-sheet items:
(i) warranties, including tender and performance bonds and associated advance payment and retention guarantees, and guarantees not having the character of credit substitutes;
(ii) irrevocable standby letters of credit not having the character of credit substitutes;
(iii) short-term, self-liquidating trade letters of credit arising from the movement of goods, in particular documentary credits collateralised by the underlying shipment, in case of an issuing institution or a confirming institution;
(b) Other off-balance-sheet items carrying similar risk, as communicated to EBA.
5 (a) The undrawn amount of unconditionally cancellable commitments;
(b) The undrawn amount of retail credit lines for which the terms permit the institution to cancel them to the full extent allowable under consumer protection and related legal acts;
(c) Undrawn credit facilities for tender and performance guarantees which may be cancelled unconditionally at any time without prior notice, or that do effectively provide for automatic cancellation due to deterioration in a borrower’s creditworthiness;
(d) Other off-balance-sheet items carrying similar risk, as communicated to EBA.

in force 2024-07-09 MODIFIED

Amended by Regulation (EU) 2024/1623 32024R1623

applies from: unknown

Sources disagree, and there is no text on either side — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships marked disputed.

text before / after, on the event page →

in force 2021-06-28 MODIFIED

Amended by Regulation (EU) 2019/2033 32019R2033 · Regulation (EU) 2019/876 32019R0876 · Regulation (EU) 2021/558 32021R0558 · Regulation (EU) 2020/873 32020R0873

applies from: unchanged

In point 1(d), the phrase referring to bills not bearing the name of another institution was extended to also cover bills not bearing the name of another investment firm.

Cited: Annex I, v1 · Annex I, v2

text before / after, on the event page →