§3 MONITORING AND ENFORCEMENT
21. Article 133(5) CRR tasks competent authorities with granting institutions the prior permission to assign a risk weight of 100 % to equity exposures incurred under eligible legislative programmes. 22. Institutions should seek the permission of the competent authority when they intend to apply the 100 % risk-weight to the equity exposures incurred under each individual legislative programme for the first time. Without prejudice to the competences and the powers of competent authorities, the prior approval should not be needed for subsequent variations of the size and/or composition of the equity exposures incurred under a legislative programme for which the prior approval had been granted. 23. Article 133(5) includes the safeguard that the equity exposures benefitting from the 100 % risk-weight for eligible programmes must not exceed 10 % of the institutions’ own funds. In line with the definition of the CRR, the requirement should be calculated as follows: the denominator consist of the own funds, to be understood as the sum of Tier 1 capital and Tier 2 capital of the institution; the numerator of such a requirement consist of all the equity exposures incurred under legislative programmes that meet the requirements of Article 133(5) CRR. Institutions should be able to demonstrate the compliance with this requirement when they seek the prior permission and every time the competent authorities demand to do so in the course of the exercise of their supervisory mandate. 24. The equity exposures incurred under legislative programmes beyond the 10 % own funds threshold should be risk-weighted as normal. 25. To provide transparency to competent authorities and market participants, the Commission will maintain a public register of legislative programmes. This is without prejudice to the assessment by competent authorities of the individual requests of each institution and of their prudential situation. The objective of the register is also to enable competent authorities to take decisions in a short timeframe. 26. Member States (also on behalf of their respective national promotional banks and institutions), should notify the legislative programmes for which they seek the inclusion in the above-mentioned register to the Commission. The Commission will provide the template for the notification, having regard to the need to keep the process simple. The notification should contain the title of the legislative programme, its main conditions and an explanation of why it meets the requirements set by Article 133(5) as specified by the present Communication. 27. For completeness and transparency, the above-mentioned register should also list programmes developed and supported by the EIB or the EIF or financed and/or guaranteed by the EU budget which aim at fostering equity financing. 28. The Commission will review the present Communication within four years after its publication, particularly taking into account feedback from the supervisory experience of competent authorities. ELI: http://data.europa.eu/eli/C/2026/854/oj ISSN 1977-091X (electronic edition)
Source: EUR-Lex (Cellar) · retrieved 2026-09-07