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Provision history · CRR

Art. 104a · Reclassification of a position

Capital Requirements Regulation · 32013R0575 · every version of this act · on EUR-Lex (external, EUR-Lex)

3 changes recorded across 3 versions, newest first.

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Version in force , Modified +553 −12

Amended by Regulation (EU) 2024/1623 32024R1623 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2024/2987 32024R2987 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2024/2795 32024R2795 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Paragraph 5 now adds an exception, stating that reclassification is irrevocable except in the exceptional circumstances referred to in paragraph 1.

A new paragraph 6 has been added allowing an institution to reclassify a non-trading book position as a trading book position under Article 104(2), point (d), without seeking permission from its competent authority, while still requiring compliance with paragraphs 3 and 4 and immediate notification to the competent authority of such a reclassification.

The earlier version contained neither this exception in paragraph 5 nor any paragraph 6.

Cited: Art. 104a, v2 (external, EUR-Lex) · Art. 104a, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 9 July 2024 02013R0575-20240709 → this version, in force 1 January 2025 02013R0575-20250101

Article 104a Reclassification of a position 1. Institutions shall have in place clearly defined policies for identifying the exceptional circumstances which justify the reclassification of a trading book position as a non-trading book position or, conversely, the reclassification of a non-trading book … 379 unchanged words … requirements immediately before the reclassification, each calculated in accordance with Article 92. The calculation shall not take into account the effects of any factors other than the reclassification. 5. The reclassification of a position in accordance with this Article shall be irrevocable. irrevocable, except in the exceptional circumstances referred to in paragraph 1. 6. By way of derogation from paragraph 1 of this Article, an institution may reclassify a non-trading book position as a trading book position pursuant to Article 104(2), point (d), without seeking permission from its competent authority. In such a case, the requirements laid down in paragraphs 3 and 4 of this Article shall continue to apply to the institution. The institution shall immediately notify its competent authority where such a reclassification has occurred.

Version in force , Modified

Amended by Regulation (EU) 2024/1623 32024R1623 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (the text changed beyond its dates, so no date that moved can be read as the application date) why

dates added to the text: 2027-07-10 · dates removed: 2024-06-28

Explanation, written by a model and checked against the cited text

The deadline by which EBA must issue guidelines on the meaning of exceptional circumstances under paragraph 1 has changed from 28 June 2024 to 10 July 2027.

The guidelines are now also described as covering what exceptional circumstances entail for the purposes of paragraph 5 of this Article, in addition to the first subparagraph of paragraph 1.

The phrasing describing the guidelines' subject matter was also reworded from concerning the meaning of exceptional circumstances to concerning what exceptional circumstances entail.

Cited: Art. 104a, v1 (external, EUR-Lex) · Art. 104a, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Inserted

Amended by Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (an inserted provision states its own application date only in prose) why

Explanation, written by a model and checked against the cited text

This is a new article setting out rules for reclassifying a position between the trading book and the non-trading book, requiring institutions to have documented policies reviewed at least annually, competent authority permission based on written evidence of exceptional circumstances, management body approval, disclosure obligations, a specific method for calculating the resulting change in own funds requirements, and irrevocability of the reclassification once made.

Cited: Art. 104a, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page