Capital Requirements Regulation – CRR: Verordnung über Aufsichtsanforderungen an Kreditinstitute und Wertpapierfirmen, Stand: November 2013

Die amtlichen EU-Texte Deutsch – Englisch

Jörg Gogarn, JG BC Projekt & Service GmbH

• Verlag: Books on Demand
• Jahr: 2015
• ISBN drucken: 9783738627114
• eBook-ISBN: 9783739293561
• Auflage: 1
• Thema: Politics & International Relations
• Thema: Trade & Tariffs

Die Regulierung des europäischen Bankensektors wurde mit der Einführung der Capital Requirements Regulation (CRR) grundlegend überarbeitet. Neben der Übernahme der Anforderungen von Basel III in Europäisches Recht, wurden die aufsichtsrechtlichen Anforderungen für alle Institute und Wertpapierfirmen innerhalb der Europäischen Union durch die CRR in dem sogenannten "Singe Rulebook" in Form einer EU-Vorordnung vereinheitlicht.Durch direkte Anwendungspflicht der CRR ohne nationale Umsetzung in Deutschland, ist es für die betroffenen Institute unerlässlich, sich detailliert mit dem gesamten Regelwerk auseinanderzusetzen.Die unter dem Stichwort "Basel III" bekannten im Nachgang zu der Finanzmarktkrise ab 2007 erlassenen neuen aufsichtsrechtlichen Anforderungen umfassen dabei insbesondere- die Neuregelung der aufsichtsrechtlichen Eigenmitteln - Neuerungen bei den Kapitalanforderungen (CVA Risk Capital Charge und Überarbeitung der Anforderungen für Zentrale Kontrahenten), - Einführung von Liquiditätskennziffern Liquidity Coverage Ratio (LCR) und Net Stable Funding Ratio (NSFR)- die Einführung einer Verschuldungsquote (Leverage Ratio) sowie- die erweiterten Offenlegungsverpflichtungen.Außerdem zahlreiche nationale Wahlrechte undAuslegungsentscheide durch die einheitliche Regelung in der CRR abgelöst. Diese Buch enthält die unveränderten offiziellen Amtstexte der CRR-Verordnung über die Aufsichtsanforderungen an Kreditinstitute und Wertpapierfirmen in der korrigierten Fassung vom 30. November 2013. Die Gegenüberstellung von deutscher Übersetzung du dem englischen Originaltext bietet dem Leser eine gute Grundlage für die täglich Arbeit.

Corrigenda

Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). Regulation (EU) No 575/2013 should read as follows:

‘REGULATION (EU) No 575/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Central Bank, having regard to the opinion of the European Economic and Social Committee, Acting in accordance with the ordinary legislative procedure, Whereas:

(1) The G-20 Declaration of 2 April 2009 on strengthening of the Financial System called for internationally consistent efforts that are aimed at strengthening transparency, accountability and regulation by improving the quantity and quality of capital in the banking system once the economic recovery is assured. That declaration also called for introduction of a supplementary non-risk based measure to contain the build-up of leverage in the banking system, and the development of a framework for stronger liquidity buffers. In response to the mandate given by the G-20, in September 2009 the Group of Central Bank Governors and Heads of Supervision (GHOS) agreed on a number of measures to strengthen the regulation of the banking sector. Those measures were endorsed by the G-20 leaders at their Pittsburgh Summit of 24–25 September 2009 and were set out in detail in December 2009. In July and September 2010, GHOS issued two further announcements on design and calibration of those new measures, and in December 2010, the Basel Committee on Banking Supervision (BCBS) published the final measures, that are referred to as the Basel III framework.

(2) The High Level Group on Financial Supervision in the EU chaired by Jacques de Larosière (the “de Larosière group”) invited the Union to develop a more harmonised set of financial regulations. In the context of the future European supervisory architecture, the European Council of 18 and 19 June 2009 also stressed the need to establish a European single rule book applicable to all credit institutions and investment firms in the internal market.

(3) As stated in the de Larosière group's report of 25 February 2009 (the “de Larosière report”), “a Member State should be able to adopt more stringent national regulatory measures considered to be domestically appropriate for safeguarding financial stability as long as the principles of the internal market and agreed minimum core standards are respected”.

(4) Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions and Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions have been significantly amended on several occasions. Many provisions of Directives 2006/48/EC and 2006/49/EC are applicable to both credit institutions and investment firms. For the sake of clarity and in order to ensure a coherent application of those provisions, they should be merged into new legislative acts that are applicable to both credit institutions and investment firms, namely this Regulation and Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013. For greater accessibility, the provisions of the Annexes to Directives 2006/48/EC and 2006/49/EC should be integrated into the enacting terms of Directive 2013/36/EU and this Regulation.

(5) Together, this Regulation and Directive 2013/36/EU should form the legal framework governing the access to the activity, the supervisory framework and the prudential rules for credit institutions and investment firms (referred to collectively as “institutions”). This Regulation should therefore be read together with that Directive.

(6) Directive 2013/36/EU, based on Article 53(1) of the Treaty on the Functioning of the European Union (TFEU), should, inter alia, contain the provisions concerning the access to the activity of institutions, the modalities for their governance, and their supervisory framework, such as provisions governing the authorisation of the business, the acquisition of qualifying holdings, the exercise of the freedom of establishment and of the freedom to provide services, the powers of the competent authorities of the home and the host Member States in this regard and the provisions governing the initial capital and the supervisory review of institutions.

(7) This Regulation should, inter alia, contain the prudential requirements for institutions that relate strictly to the functioning of banking and financial services markets and are meant to ensure the financial stability of the operators on those markets as well as a high level of protection of investors and depositors. This Regulation aims at contributing in a determined manner to the smooth functioning of the internal market and should, consequently, be based on the provisions of Article 114 TFEU, as interpreted in accordance with the consistent case-law of the Court of Justice of the European Union.

(8) Directives 2006/48/EC and 2006/49/EC, although having harmonised the rules of Member States in the area of prudential supervision to a certain degree, include a significant number of options and possibilities for Member States to impose stricter rules than those laid down by those Directives. This results in divergences between national rules, which might hamper the crossborder provision of services and the freedom of establishment and so create obstacles to the smooth functioning of the internal market.

(9) For reasons of legal certainty and because of the need for a level playing field within the Union, a single set of regulations for all market participants is a key element for the functioning of the internal market. In order to avoid market distortions and regulatory arbitrage, minimum prudential requirements should therefore ensure maximum harmonisation. As a consequence, the transitional periods provided for in this Regulation are essential for the smooth implementation of this Regulation and to avoid uncertainty for the markets.

(10) Having regard to the work of the BCBS Standards Implementation Group in monitoring and reviewing member countries' implementation of the Basel III framework, the Commission should provide update reports on an ongoing basis, and at least following the publication of each Progress Report by BCBS, on the implementation and domestic adoption of the Basel III framework in other major jurisdictions, including an assessment of the consistency of other countries' legislation or regulations with the international minimum standards, in order to identify differences that could raise level playing field concerns.

(11) In order to remove obstacles to trade and distortions of competition resulting from divergences between national laws and to prevent further likely obstacles to trade and significant distortions of competition from arising, it is therefore necessary to adopt a regulation establishing uniform rules applicable in all Member States.

(12) Shaping prudential requirements in the form of a regulation would ensure that those requirements will be directly applicable. This would ensure uniform conditions by preventing diverging national requirements as a result of the transposition of a directive. This Regulation would entail that all institutions follow the same rules in all the Union, which would also boost confidence in the stability of institutions, especially in times of stress. A regulation would also reduce regulatory complexity and firms' compliance costs, especially for institutions operating on a cross-border basis, and contribute to eliminating competitive distortions. With regard to the peculiarity of immovable property markets, which are characterised by economic developments and jurisdictional differences that are specific to Member States, regions or local areas, competent authorities should be allowed to set higher risks weights or to apply stricter criteria based on default experience and expected market developments to exposures secured by mortgages on immovable property in specific areas.

(13) In areas not covered by this Regulation, such as dynamic provisioning, provisions on national covered bonds schemes not related to the treatment of covered bonds under the rules established by this Regulation, acquisition and holding of participations in both the financial and non-financial sector for purposes not related to prudential requirements specified in this Regulation, competent authorities or Member States should be able to impose national rules, provided that they are not inconsistent with this Regulation.

(14) The most important recommendations advocated in the de Larosière report and later implemented in the Union were the establishment of a single rulebook and a European framework for macroprudential supervision where both elements in combination were aimed at ensuring financial stability. The single rulebook ensures a robust and uniform regulatory framework facilitating the functioning of the internal market and prevents regulatory arbitrage opportunities. Within the internal market for financial services, macroprudential risks may however differ in a number of ways with a range of national specificities resulting in variances being observed for example with regard to the structure and size of the banking sector compared to the wider economy and the credit cycle.

(15) A number of tools to prevent and mitigate macroprudential and systemic risks have been built into this Regulation and Directive 2013/36/EU ensuring flexibility while at the same time ensuring that the use of those tools are subject to appropriate control in order not to harm the functioning of the internal market while also ensuring that the use of such tools is transparent and consistent.

(16) Beyond the systemic risk buffer tool included in Directive 2013/36/EU, where macroprudential or systemic risks concern a Member State, the competent or designated authorities of the relevant Member State should have the possibility to address those risks by certain specific national macroprudential measures, when this is considered more effective to tackle those risks. The European Systemic Risk Board (“ESRB”) established by Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 and the European Supervisory Authority (European Banking Authority) (“EBA”) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 should have the opportunity to provide their opinions on whether the conditions for such national macroprudential measures are met and there should be a Union mechanism to prevent national measures from proceeding, where there is very strong evidence that the relevant conditions are not satisfied. Whilst this Regulation establishes uniform microprudential rules for institutions, Member States retain a leading role in macroprudential oversight because of their expertise and their existing responsibilities in relation to financial stability. In that specific case, since the decision to adopt any national macroprudential measures includes certain assessments in relation to risks which may ultimately affect the macroeconomic, fiscal and budgetary situation of the relevant Member State, it is necessary that the power to reject the proposed national macroprudential measures is conferred on the Council in accordance with Article 291 TFEU, acting on a proposal by the Commission.

(17) Where the Commission has submitted to the Council a proposal to reject national macroprudential measures, the Council should examine that proposal without delay and decide whether or not to reject the national measures. A vote could be taken in accordance with the Rules of Procedure of the Council at the request of a Member State or of the Commission. In accordance with Article 296 TFEU, the Council should state the reasons for ist decision with respect to the conditions laid down in this Regulation for its intervention. Considering the importance of the macroprudential and systemic risk for the financial market of the Member State concerned and, therefore, the need for rapid reaction, it is important that the time limit for such a Council decision is set to one month. If the Council, after having examined the proposal by the Commission to reject the proposed national measures in depth, comes to the conclusion that the conditions laid down in this Regulation for the rejection of the national measures were not fulfilled, it should always provide its reasons in a clear and unambiguous manner.

(18) Until the harmonisation of liquidity requirements in 2015 and the harmonisation of a leverage ratio in 2018, Member States should be able to apply such measures as they consider appropriate, including measures to mitigate macroprudential or systemic risk in a specific Member State.

(19) It should be possible to apply systemic risk buffers or individual measures taken by Member States to address systemic risks concerning those Member States, to the banking sector in general or to one or more subsets of the sector, meaning subsets of institutions that exhibit similar risk profiles in their business activities, or to the exposures to one or several domestic economic or geographic sectors across the banking sector.

(20) If two or more Member States' designated authorities identify the same changes in the intensity of systemic or macroprudential risk posing a risk to financial stability at the national level in each Member State which the designated authorities consider would better be addressed by means of national measures, the Member States may submit a joint notification to the Council, the Commission, the ESRB and EBA. When notifying the Council, the Commission, the ESRB and EBA, Member States should submit relevant evidence, including a justification of the joint notification.

(21) The Commission should furthermore be empowered to adopt a delegated act temporarily increasing the level of own funds requirements, requirements for large exposures and public disclosure requirements. Such provisions should be applicable for a period of one year, unless the European Parliament or the Council has objected to the delegated act within a period of three months. The Commission should state the reasons for the use of such a procedure. The Commission should only be empowered to impose stricter prudential requirements for exposures which arise from market developments in the Union or outside the Union affecting all Member States.

(22) A review of the macroprudential rules is justified in order for the Commission to assess, among other things, whether the macroprudential tools in this Regulation or Directive 2013/36/EU are effective, efficient and transparent, whether new instruments should be proposed, whether the coverage and the possible degrees of overlap of the macroprudential tools for targeting similar risks in this Regulation or Directive 2013/36/EU are appropriate and how internationally agreed standards for systemically important institutions interacts with this Regulation or Directive 2013/36/EU.

(23) Where Member States adopt guidelines of general scope, in particular in areas where the adoption by the Commission of draft technical standards is pending, those guidelines shall neither contradict Union law nor undermine its application.

(24) This Regulation does not prevent Member States from imposing, where appropriate, equivalent requirements on undertakings that do not fall within its scope.

(25) The general prudential requirements set out in this Regulation are supplemented by individual arrangements that are decided by the competent authorities as a result of their ongoing supervisory review of individual institutions. The range of such supervisory arrangements should, inter alia, be set out in Directive 2013/36/EU since the competent authorities should be able to exert their judgment as to which arrangements should be imposed.

(26) This Regulation should not affect the ability of competent authorities to impose specific requirements under the supervisory review and evaluation process set out in Directive 2013/36/EU that should be tailored to the specific risk profile of institutions.

(27) Regulation (EU) No 1093/2010 aims at upgrading the quality and consistency of national supervision and strengthening oversight of crossborder groups.

(28) Given the increase in the number of tasks conferred on EBA by this Regulation and by Directive 2013/36/EU, the European Parliament, the Council and the Commission should ensure that adequate human and financial resources are made available without delay.

(29) Regulation (EU) No 1093/2010 requires EBA to act within the...

Inhaltsverzeichnis

• Inhaltsverzeichnis
• I - (Gesetzgebungsakte) – Verordnungen
• Teil 2: Eigenmittel
• Teil 3: Eigenmitelanforderungen
• Teil 4: Grosskredite
• Teil 5: Forderungen aus übertrag. Kreditrisiken
• Teil 6: Liquidität
• Teil 7: Verschuldung
• Teil 8: Offenlegung durch Institute
• Teil 9: Delegierte Rechtsakte und Durchführungsrechtsakte
• Teil 10: Übergangsbestimmungen, Berichte, Prüfungen und Änderungen
• Teil 11: Schlussbestimmungen
• Anhang I Einstufung außerbilanzieller Geschäfte
• Anhang II Arten von Derivatgeschäften
• Anhang III Posten, die der zusätzlichen Meldung liquider Aktiva unterliegen
• Anhang IV Entsprechungstabelle
• Table of Contents
• Corrigenda
• Part Two: Own Funds
• Part three: Capital requirements
• Part four: Large Exposure
• Part five: Exposures to transferred credit risk
• Part six: Liquidity
• Part seven: Leverage
• Part eight: Disclosure by institutions
• Part nine: delegated and implementing acts
• Part ten: Transitional, provisions, reports, reviews and amendments
• Part eleven: Final provison
• Annex I Classification of off-balance sheet items
• Annex II Types of derivatives
• Annex III Items subject to supplementary reporting of liquid assets
• Annex IV Correlation table
• Herausgeber und Autor
• Impressum