(1)

It is appropriate to provide for implementing technical standards to facilitate the convergence of supervisory practices with regard to the implementation of a uniform approach to assess institutions' material non-compliance with the requirements by reason of negligence or omission, and to the application of the additional risk weights. In order to facilitate the convergence of supervisory practices when applying additional risk weights, an appropriate formula should be defined. That formula should impose a proportionate additional risk weight of no less than 250 % which progressively increases with subsequent infringements of Articles 405, 406 or 409 of Regulation (EU) No 575/2013. An appropriate factor should be introduced in the formula to allow for a lower additional risk weight to apply in the cases of exposures exempted pursuant to Article 405(3) of Regulation (EU) No 575/2013.

(2)

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

(3)

The European Banking Authority has conducted open public consultations on the draft implementing 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 (2),

12,5 is a factor representing the maximum value that the total risk weight can reach;

‘Original RW’ is the risk weight that would apply to the securitisation positions if no additional risk weight was imposed;

2,5 is the minimum factor applying to the original risk weight in order to calculate the additional risk weight;

‘InfringementDurationyears ’ is the duration of the infringement, expressed in years, rounded down to the nearest 12-month period. This variable is equal to ‘0’ for an infringement of less than 12 months, equal to ‘1’ for an infringement of more than 12 months but less than 24 months, equal to ‘2’ for an infringement of more than 24 months but less than 36 months, etc. The duration shall generally be measured from the start of the infringement for the securitisation, although competent authorities, taking account of the specificities of the securitisation, may impose other starting points. ‘Infringement’ shall mean the breach of one or more of the requirements set out in Article 405, 406 or 409 capable of triggering an additional risk weight. The infringement shall turn into a ‘subsequent infringement’ when time passes without rectifying the infringement, leading to a progressive increase of the additional risk weight.

‘Article405ExemptionPct ’ is a variable equal to 0,5 if Article 405(3) of Regulation (EU) No 575/2013 applies to the securitisation positions to which the additional risk weight is calculated, and equal to 0 if such exemption does not apply.