(39)

Article 104a is amended as follows: in paragraph 3, the second subparagraph is replaced by the following: ‘Where additional own funds are required to address the risk of excessive leverage not sufficiently covered by Article 92(1), point (d), of Regulation (EU) No 575/2013, competent authorities shall determine the level of the additional own funds required under paragraph 1, point (a), of this Article as the difference between the capital considered adequate pursuant to paragraph 2 of this Article, except for the fifth subparagraph thereof, and the relevant own funds requirements set out in Parts Three and Seven of Regulation (EU) No 575/2013.’ ; the following paragraphs are added: ‘6. Where an institution becomes bound by the output floor laid down in Article 92(3) of Regulation (EU) No 575/2013, the following shall apply: For the purposes of this Article and Articles 131 and 133 of this Directive, an institution shall be considered as bound by the output floor when the institution’s total risk exposure amount calculated in accordance with Article 92(3), first subparagraph, of Regulation (EU) No 575/2013 exceeds its un-floored total risk exposure amount calculated in accordance with Article 92(4) of that Regulation. 7. By 10 April 2025, EBA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1093/2010, to further specify how to operationalise the requirements set out in paragraph 6 of this Article, and in particular: 8. For the purposes of paragraph 2, as long as an institution is bound by the output floor, the institution’s competent authority shall not impose an additional own funds requirement that would double-count the risks that are already fully covered by the fact that the institution is bound by the output floor.’ ; the nominal amount of additional own funds required by the institution’s competent authority in accordance with Article 104(1), point (a), to address risks other than the risk of excessive leverage is not to increase as a result of the institution becoming bound by the output floor; the institution’s competent authority shall, without delay, and in any event no later than the end date of the next review and evaluation process, review the additional own funds it required from the institution in accordance with Article 104(1), point (a), and remove any parts thereof that would double-count the risks that are already fully covered by the fact that the institution is bound by the output floor; as soon as the competent authority has completed the review referred to in point (b) of this subparagraph, point (a) of this subparagraph shall no longer apply. how competent authorities are to reflect in their supervisory review and evaluation process the fact that an institution has become bound by the output floor; how competent authorities and institutions are to communicate and disclose the impact on supervisory requirements of an institution becoming bound by the output floor.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.