Commission Delegated Regulation (EU) 2015/942 of 4 March 2015 amending Delegated Regulation (EU) No 529/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards regulatory technical standards for assessing the materiality of extensions and changes of internal approaches when calculating own funds requirements for market risk (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 575/2013 of 26 June 2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular the third subparagraph of Article 363(4) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) No 529/2014 (2) sets the criteria for the assessment of materiality of extensions and changes of Internal Ratings Based (IRB) Approaches and Advanced Measurement Approaches (AMA), used for the calculation of capital requirements for credit and operational risk. This Regulation should specify the conditions for assessing materiality of extensions and changes to Internal Models approaches (IMA), which are used for the calculation of own funds requirements for market risk. Taking into account that all relevant supervisory issues and procedures are similar for all types of internal approaches, i.e. relating to credit, operational or market risk, it is important to ensure coherence between all provisions regulating extensions and changes to internal approaches and to facilitate a comprehensive view and access in a coordinated way to them by persons subject to the obligations laid down in those provisions. Therefore, it is necessary to include all the regulatory technical standards required in Regulation (EU) No 575/2013 on extensions and changes to internal approaches in one single legal text.

(2) As in the case of the IRB approaches and AMA, for extensions and changes to the use of the IMA that are subject to a notification procedure, Regulation (EU) No 575/2013 does not indicate whether those changes should be notified before or after their implementation. The competent authorities need not know in advance of extensions or changes that are of minor importance and it would be more efficient and less burdensome for institutions to collect such changes of minor importance and notify them to the competent authorities at regular intervals, reducing also the supervisory burden on the competent authorities. Other extensions and changes that are subject to a notification procedure should be notified before their implementation in order to allow competent authorities to review the correct application of this Regulation. Therefore, the same distinction between extensions and changes depending on the notification procedure as established in Delegated Regulation (EU) No 529/2014 for IRB approaches and AMA, should also apply to extensions and changes to IMA requiring notification and accordingly they should also be further distinguished into extensions and changes requiring notification before implementation and extensions and changes not requiring notification before implementation.

(3) IMA comprise any internal model subject to Part Three, Title IV, Chapter 5 of Regulation (EU) No 575/2013, for use of which competent authorities have granted permission in order to calculate capital requirements.

(4) Materiality of extensions or changes to IMA depends on the type and category of the extension or change proposed (which should be reflected in qualitative criteria), and on their potential to alter the own funds requirements (which should be reflected in quantitative criteria). However, some changes, such as organisational changes, internal process changes or risk management process changes, may not have direct quantitative impact. For those changes, only the qualitative criteria should be allowed for the assessment of materiality.

(5) Quantitative thresholds should be designed to take into account the overall impact of an extension or change to IMA on the risk numbers computed by any internal model affected by the extension or change, as well as on the required capital, based on both internal and standardised approaches, in order to reflect the extent to which internal approaches are used for the overall own funds requirements for market risk. However, in order to reduce the burden for institutions, it is appropriate, for the purposes of computing these quantitative thresholds, not to consider, when calculating each of the required risk numbers over the observation period of 15 business days, the average of relevant IMA risk numbers over the preceding 60 business days, but rather the most recent risk number.

(6) Competent authorities may at any time take appropriate supervisory measures with regard to extensions and changes to internal approaches that have been notified, based on the ongoing review of existing permissions to use internal approaches provided in Article 101 of Directive 2013/36/EU of the European Parliament and of the Council (3). This power is established in order to ensure that the requirements laid down in Part Three, Title II, Chapter 3, Section 6, or Part Three, Title III, Chapter 4 or Part Three, Title IV, Chapter 5 of Regulation (EU) No 575/2013 remain complied with. In addition, the triggers for new approvals and notifications of extensions and changes to internal approaches should be established. Rules establishing the triggers should not affect supervisory internal approaches review or administrative processes provided for in Article 20(8) of Regulation (EU) No 575/2013.

(7) The permission of competent authorities relates to the methods, processes, controls, data collection and IT systems of the approaches, therefore ongoing alignment of the models to the calculation data-set used, correction of errors or minor adjustments necessary for the day-to-day maintenance of the internal approaches, which occur in the strict limit of the already approved methods, processes, controls, data collection and IT systems, should not be covered by this Regulation.

(8) Delegated Regulation (EU) No 529/2014 should therefore be amended accordingly.

(9) This Regulation is based on the draft regulatory technical standards submitted by the European Banking Authority to the Commission.

(10) The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits, and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (4),

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) No 529/2014

Delegated Regulation (EU) No 529/2014 is amended as follows:

‘Article 1 Subject matter This Regulation lays down the conditions for assessing the materiality of extensions and changes to the Internal Rating Based approaches, the Advanced Measurement Approaches and the Internal Models Approach permitted in accordance with Regulation (EU) No 575/2013, including the modalities of the notifications of such changes and extensions.’

Article 2

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 March 2015.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 176, 27.6.2013, p. 1.

(2) Commission Delegated Regulation (EU) No 529/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for assessing the materiality of extensions and changes of the Internal Ratings Based Approach and the Advanced Measurement Approach (OJ L 148, 20.5.2014, p. 36).

(3) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

(4) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).