(101)

Article 400 is amended as follows: in paragraph 1, the first subparagraph is amended as follows: point (j) is replaced by the following: clearing members' trade exposures and default fund contributions to qualified central counterparties;’; the following points are added: clients' trade exposures referred to in Article 305(2) or (3); holdings by resolution entities, or by their subsidiaries which are not themselves resolution entities, of own funds instruments and eligible liabilities referred to in Article 45f(2) of Directive 2014/59/EU that have been issued by any of the following entities: in respect of resolution entities, other entities belonging to the same resolution group; in respect of subsidiaries of a resolution entity that are not themselves resolution entities, the relevant subsidiary's subsidiaries belonging to the same resolution group; exposures arising from a minimum value commitment that meets all the conditions set out in Article 132c(3).’; paragraph 2 is amended as follows: point (c) is replaced by the following: exposures incurred by an institution, including through participations or other kinds of holdings, to its parent undertaking, to other subsidiaries of that parent undertaking, or to its own subsidiaries and qualifying holdings, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation, Directive 2002/87/EC or with equivalent standards in force in a third country; exposures that do not meet those criteria, whether or not exempted from Article 395(1) of this Regulation, shall be treated as exposures to a third party;’; point (k) is replaced by the following: exposures in the form of a collateral or a guarantee for residential loans, provided by an eligible protection provider referred to in Article 201 qualifying for the credit rating which is at least the lower of the following: credit quality step 2; the credit quality step corresponding to the central government foreign currency rating of the Member State where the protection provider's headquarters are located;’; the following point is added: exposures in the form of a guarantee for officially supported export credits, provided by an export credit agency qualifying for the credit rating which is at least the lower of the following: credit quality step 2; the credit quality step corresponding to the central government foreign currency rating of the Member State where the export credit agency's headquarters are located.’; in paragraph 3, the second subparagraph is replaced by the following: ‘Competent authorities shall inform EBA of whether they intend to use any of the exemptions provided for in paragraph 2 in accordance with points (a) and (b) of this paragraph and provide EBA with the reasons substantiating the use of those exemptions.’; the following paragraph is added: ‘4. The simultaneous application of more than one exemption set out in paragraphs 1 and 2 to the same exposure shall not be permitted.’;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.