ECB/2026/20 · GlobalLawDB

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THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty on the Functioning of the European Union,Having regard 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 amending Regulation (EU) No 648/2012^note, and in particular Articles 148, 149 and 150 thereof,Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions^note, and in particular Article 4(1), point (e), thereof,Having regard to Decision (EU) 2017/933 of the European Central Bank of 16 November 2016 on a general framework for delegating decision-making powers for legal instruments related to supervisory tasks (ECB/2016/40)^note, and in particular Article 4 thereof,Whereas:

(1)Decision (EU) 2021/1442 of the European Central Bank (ECB/2021/38)^note specifies, among others, the criteria for the delegation of decision-making powers to the heads of work units of the European Central Bank (ECB) for the adoption of decisions on prior permission to revert to the use of less sophisticated approaches pursuant to Article 149 of Regulation (EU) No 575/2013 and on prior permission for the permanent partial use of the Standardised Approach pursuant to Article 150 of Regulation (EU) No 575/2013. The experience gained in the application of that Decision has shown that certain amendments are necessary, in particular for reasons of clarity, consistency and proportionality in the application of those criteria.

(2)The criteria for the adoption of delegated decisions on prior permission to revert to the use of less sophisticated approaches and on prior permission for permanent partial use of the Standardised Approach should be simplified to ensure consistency and proportionality. To this end, for both types of delegated decisions, a uniform quantitative criterion based on 50 basis points on the Common Equity Tier 1 (CET1) capital ratio should be introduced to provide a clear measure of prudential impact. This criterion would also ensure that the ECB supervisory discretion is exercised in a proportionate manner, as the resulting change in the relevant decision-making process would be without prejudice to the substantive assessment required under Articles 149 and 150 of Regulation (EU) No 575/2013.

(3)Additionally, in order to provide a proportionate basis for identifying non-controversial applications for the decisions suitable for delegation, the criteria should also specify that as a result of the adoption of the relevant delegated decision there is no breach of any requirement, obligation or limitation set out in prior ECB decisions approving the plans for a timely return to compliance (‘return-to-compliance plans’) pursuant to Article 146 of Regulation (EU) No 575/2013 or pursuant to Article 101(4) of Directive 2013/36/EU of the European Parliament and of the Council^note or approving the plans for the sequential implementation across different types of exposure and business units within an exposure class of the Internal Ratings Based (IRB) Approach (‘IRB roll-out plans’) pursuant to Article 148 of Regulation (EU) No 575/2013.

(4)Therefore, Decision (EU) 2021/1442 (ECB/2021/38) should be amended accordingly,

HAS ADOPTED THIS DECISION: