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Provision history · CRR

Art. 49 · Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied

Capital Requirements Regulation · 32013R0575 · every version of this act · on EUR-Lex

4 changes recorded across 4 versions, newest first.

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Version in force Modified +200 −77

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

Applies from: no date changed

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

Paragraph 4 now splits into two separate rules instead of one combined provision: holdings not deducted under paragraph 1 are treated as exposures and risk weighted specifically under Part Three, Title II, Chapter 2, while holdings not deducted under paragraph 2 or 3 are treated as exposures risk weighted at 100%.

The earlier version had applied a single risk-weighting rule to holdings not deducted under any of paragraphs 1, 2 or 3, referring generally to Chapter 2 or 3 of Title II of Part Three as applicable.

Cited: Art. 49, v2 · Art. 49, v1

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 49 Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied 1. For the purposes of calculating own funds on an individual basis, a sub-consolidated basis and a consolidated basis, where the competent authorities require or permit institutions … 785 unchanged words … regional credit institution has a holding in its central or another regional credit institution and the conditions laid down in points (a)(i) to (v) are met. 4. The holdings in respect of which deduction is not made in accordance with paragraph 1, 1 shall qualify as exposures and shall be risk weighted in accordance with Part Three, Title II, Chapter 2. The holdings in respect of which deduction is not made in accordance with paragraph 2 or 3 shall qualify as exposures and shall be risk weighted in accordance with Chapter 2 or 3 of Title II of Part Three, as applicable. at 100 %. 5. Where an institution applies method 1, 2 or 3 of Annex I to Directive 2002/87/EC, the institution shall disclose the supplementary own funds requirement and capital adequacy ratio of the financial conglomerate as calculated in accordance with Article 6 of and Annex I to that Directive. 6. EBA, EIOPA and the European Supervisory Authority (European Securities and Markets Authority) (ESMA) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 OJ L 331, 15.12.2010, p. 84. shall, through the Joint Committee, develop draft regulatory technical standards to specify for the purposes of this Article the conditions of application of the calculation methods listed in Annex I, Part II of Directive 2002/87/EC for the purposes of the alternatives to deduction referred to in paragraph 1 of this Article. EBA, EIOPA and ESMA shall submit those draft regulatory technical standards to the Commission by 28 July 2013. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 respectively.

Version in force Modified

Amended by Regulation (EU) 2022/2036 32022R2036 on EUR-Lex · Regulation (EU) 2023/2869 32023R2869 on EUR-Lex

Applies from: no date changed

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

Paragraph 2 now adds a further exception stating that the paragraph does not apply with regard to the deductions set out in Article 72e(5), alongside the existing exception concerning Articles 92a and 92b.

The prior version of paragraph 2 only excluded application of the deduction non-requirement for the calculations under Articles 92a and 92b referencing Article 72e(4), without mentioning Article 72e(5).

Cited: Art. 49, v2 · Art. 49, v1

v1 is the previous version, v2 this one.

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

Version in force Modified

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

Applies from: no date changed

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

A new sentence has been added at the end of paragraph 2 stating that the paragraph does not apply when calculating own funds for the purposes of the requirements laid down in Articles 92a and 92b, which are instead calculated using the deduction framework in Article 72e(4).

In paragraph 3(1)(a)(iv), the reporting frequency for the consolidated balance sheet or extended aggregated calculation was changed from the frequency laid down in Article 99 to the frequency set out in the implementing technical standards referred to in Article 430(7).

In paragraph 3(1)(a)(v), the cross-reference for reporting compliance with the requirements of Article 92 was changed from Article 99 to Article 430.

Cited: Art. 49, v2 · Art. 49, v1

v1 is the previous version, v2 this one.

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

Version detected Modified

no amending act named

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: 2013-07-28 · dates removed: 2015-02-01

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

Paragraph 5 now refers to method 1, 2 or 3 of Annex I to Directive 2002/87/EC, whereas it previously referred only to methods 1 or 2.

The deadline in paragraph 6 for EBA, EIOPA and ESMA to submit the draft regulatory technical standards to the Commission was changed from 1 February 2015 to 28 July 2013.

Cited: Art. 49, v1 · Art. 49, v2

v1 is the previous version, v2 this one.

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