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Provision history · CRR

Art. 298 · Effects of recognition of netting as risk-reducing

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

2 changes recorded across 2 versions, newest first.

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Version in force , Modified +20 −3,696

Amended by Regulation (EU) 2019/2033 32019R2033 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2021/558 32021R0558 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2020/873 32020R0873 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

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

The provision has been reduced from four detailed paragraphs covering novation contracts, other netting agreements, potential future credit exposure formulas, perfectly matching contracts, maturity-based percentage tables and a competent authority consent mechanism, to a single sentence stating that netting for the purposes of Sections 3 to 6 shall be recognised as set out in those Sections.

All the specific calculation rules, formulas, tables and cross-references to Articles 274 and 275 that appeared in the earlier version are no longer present in the text.

Cited: Art. 298, v1 (external, EUR-Lex) · Art. 298, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

texts differ too much for an inline diff; shown separately

Previous version, in force 28 December 2020 02013R0575-20201228

Article 298
Effects of recognition of netting as risk-reducing
1. The following treatment applies to contractual netting agreements:
(a) netting for the purposes of Sections 5 and 6 shall be recognised as set out in those Sections;
(b) in the case of contracts for novation, the single net amounts fixed by such contracts rather than the gross amounts involved, may be weighted.
In the application of Section 3, institutions may take the contract for novation into account when determining:
(i) the current replacement cost referred to in Article 274(1);
(ii) the notional principal amounts or underlying values referred to in Article 274(2).
In the application of Section 4, in determining the notional amount referred to in Article 275(1) institutions may take into account the contract for novation for the purposes of calculating the notional principal amount In such cases, institutions shall apply the percentages of Table 3.
(c) In the case of other netting agreements, institutions shall apply Section 3 as follows:
(i) the current replacement cost referred to in Article 274(1) for the contracts included in a netting agreement shall be obtained by taking account of the actual hypothetical net replacement cost which results from the agreement; in the case where netting leads to a net obligation for the institution calculating the net replacement cost, the current replacement cost is calculated as 0;
(ii) the figure for potential future credit exposure referred to in Article 274(2) for all contracts included in a netting agreement shall be reduced in accordance with the following formula:
PCEred0.4  PCEgross0.6  NGR  PCEgross
where:
PCEred
the reduced figure for potential future credit exposure for all contracts with a given counterparty included in a legally valid bilateral netting agreement;
PCEgross
the sum of the figures for potential future credit exposure for all contracts with a given counterparty which are included in a legally valid bilateral netting agreement and are calculated by multiplying their notional principal amounts by the percentages set out in Table 1;
NGR
the net-to-gross ratio calculated as the quotient of the net replacement cost for all contracts included in a legally valid bilateral netting agreement with a given counterparty (numerator) and the gross replacement cost for all contracts included in a legally valid bilateral netting agreement with that counterparty (denominator).
2. When carrying out the calculation of the potential future credit exposure in accordance with the formula set out in paragraph 1, institutions may treat perfectly matching contracts included in the netting agreement as if they were a single contract with a notional principal equivalent to the net receipts.
In the application of Article 275(1) institutions may treat perfectly matching contracts included in the netting agreement as if they were a single contract with a notional principal equivalent to the net receipts, and the notional principal amounts shall be multiplied by the percentages given in Table 3.
For the purposes of this paragraph, perfectly matching contracts are forward foreign-exchange contracts or similar contracts in which a notional principal is equivalent to cash flows if the cash flows fall due on the same value date and fully in the same currency.
3. For all other contracts included in a netting agreement, the percentages applicable may be reduced as indicated in Table 6:
Table 6
Original maturity Interest-rate contracts Foreign-exchange contracts
One year or less 0,35 % 1,50 %
More than one year but not more than two years 0,75 % 3,75 %
Additional allowance for each additional year 0,75 % 2,25 %
4. In the case of interest-rate contracts, institutions may, subject to the consent of their competent authorities, choose either original or residual maturity.

this version, in force 28 June 2021 02013R0575-20210629

Article 298
Effects of recognition of netting as risk-reducing
Netting for the purposes of Sections 3 to 6 shall be recognised as set out in those Sections.

Version in force , Modified

Amended by Regulation (EU) 2015/62 32015R0062 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2018/405 32018R0405 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Not in every listWhat this means

Found in the text, but not every source lists it — the text comparison found this change; the EU's own amendment metadata does not list it. The source that does not name it is the EU's own amendment metadata. Both are shown; neither is overruled.

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

The formula shown for the reduced potential future credit exposure under point (c)(ii) is rendered with spacing and symbols altered, collapsing the earlier spaced-out equation into a compressed run of characters, while the same variables PCEred, PCEgross and NGR are still defined immediately below it.

Aside from this formatting change to the formula's presentation, the wording of the surrounding provisions in paragraphs 1 through 4, including Table 6, remains the same between the two texts.

Cited: Art. 298, v1 (external, EUR-Lex) · Art. 298, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

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