Options and national discretions

The 2006/48/EC and 2006/49/EC Directives contain a large number of national discretions and options which may be applied on the basis of national circumstances.


comparative tables to show how options and national discretions are exercised
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Important notice: The information shown in this table is subject to terms and conditions and is aimed at quick and meaningful comparison of general lines of policies applied in the EU regarding the issues referred to. More detailed information is available by clicking each country on top of each column.

** Subject to recognition means the possibility of a country allowing its banks to apply the treatment of another country for their operations in the latter.

See Options and discretions -> Mutual recognition tables.

A=Apply
NA=Not apply
mutual recognition tables showing the position of a member state in respect to another member state

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If A is a home (in column), then the table provides information on whether A applies mutual recognition to the treatment applied by B, C, D,... as host countries in respect to the area under review (in row).

If A is a host (in row), then the table provides information on whether B, C, D,... as home countries apply mutual recognition to the treatment applied by A in respect to the area under review (in column).

Article 81.3 Mutual recognition of ECAIs
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If a Competent Authority in a member state has recognised an ECAI as eligible, The Competent Authorities in another member state may recognise that ECAI as eligible without carrying out their own evaluation process.
Article 82.2: Mutual recognition of credit assessements' mapping
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When a Competent Authority in a member state has determined a mapping of an eligible ECAI's credit assessements, Competent Authorites in another member state may recognise that mapping without carrying out their own determination process.
Annex VI, Part 1, Para. 50 ref(49): Exposures secured by mortgages on residential property-conditional waiver of a criterion
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In qualifying exposures secured by mortgages on residential property for a 35% risk weight, The Competent Authorities may waive from the required criteria the condition that the risk of the borrower should not materially depend on the performance of the underlying property, if a well developed and long established market exists in the territory with sufficiently low risk rates to justify such treatment.
Annex VI, Part 1, Para. 57 ref(51): Risk-weighting exposures secured by mortgages on commercial real estate
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If the defined eligibily criteria are met, The Competent Authorities may assign a 50% risk weight on exposures or any part of an exposure fully and completely secured by mortgages on commecial real estate situated within their territory.
Annex VI, Part 1, Para. 57 ref(52): Risk-weighting exposures secured by shares in Finnish housing companies
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If the defined eligibility criteria are met, The Competent Authorities may assign a 50% risk weight on exposures fully and completely secured by shares in eligible Finnish housing companies in respect of commercial real estate.
Annex VI, Part 1, Para. 57 ref(53): Risk-weighting eligible property leasing transactions
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If the defined eligibility criteria are met, The Competent Authorities may assign a 50% risk weight on exposures related to property leasing transactions concerning commercial real estate situated in their territories.
Annex VI, Part 1, Para. 60 ref(58): Exposures secured by mortgages on commercial real estate - conditional waiver of a criterion
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In qualifying exposures secured by mortgages on commercial real property situated within its territory for a 50% risk weight, a The Competent Authorities may waive from the required criteria the condition that the risk of the borrower should not materially depend on the performance of the underlying property, if a well developed and long established commercial real estate market exists in the territory with loss rates not exceeding specified limits.
Annex VI, Part 1, Para. 78: Eligible third country CIU (Collective Investment Undertakings)
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If a Competent Authority has approved a third country CIU as eligible a Competent Authority in another member state may allow the use of this recognition without conducting its own assessment.
Article 89.1 Last sentence Item included for the purposes of mutual recognition only
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Member states may recognize the standardised approach treatment to equity exposures in IRB banks if such treatment has been authorised by another Member state
Annex VII, Part 4, Para 48. Definition of default for retail and PSE
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The Competent Authorities of each Member state shall set the exact number of days past due that lead into a retail/PSE exposure being considered in default, always between 90 and 180 days. The numbers may differ by product lines. For exposures in other Member States, the number of days employed cannot be higher than the ones applying in such Member states.
Annex VIII, Part 1, Para. 16 (second last sentence) Residential real estate property waiver
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For exposures secured by residential real estate property situated within the territory of that Member State, The Competent Authorities may waive under certain conditions the requirement for their credit institutions to comply with condition (b) in paragraph 13 which states that the risk of the borrower does not materially depend upon the performance of the underlying property or project, but rather on the underlying capacity of the borrower to repay the debt from other sources.
Annex VIII, Part 1, Para. 19 ref(17) Commercial real estate property waiver
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For commercial real estate property situated within the territory of that Member State, The Competent Authorities may waive, if certain conditions are met, the requirement for their institutions to comply with condition (b) in paragraph 13 which states that the risk of the borrower does not materially depend upon the performance of the underlying property or project, but rather on the underlying capacity of the borrower to repay the debt from other sources.
Annex VIII, Part 3, Para. 59 Repurchase transactions or securities lending
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Where a competent authority permits a 0% volatility in the case of repurchase transactions or securities lending or borrowing transactions in securities issued by its domestic government, then other competent authorities may choose to allow credit institutions incorporated in their jurisdiction to adopt the same approach to the same transactions.
Annex VIII, Part 3, Para. 75 (ref 73) Alternative treatment of real estate collateral
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Until 31 December 2012 The Competent Authorities may, subject to the indicated levels of collateralisation allow credit institutions to assign lower levels of LGD for senior exposures in the form of Commercial Real Estate leasing and of equipment leasing. At the end of this period this provision shall be reviewed.
Article 97.3 Mutual Recognition of eligible ECAIs
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The Competent Authorities can recognise an ECAI as eligible if it was recognised as eligible by another Member State without carrying out their own evaluation process.
Article 98.2 Mutual Recognition of mapping of ECAIs credit assessments
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The Competent Authorities can accept the determination made by another Member State on the mapping of an ECAI credit assessments without carrying out the process themselves.
Article 154 (1-2nd para) Transitional use of a different definition of past due
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Until December 31, 2011, the Competent Authorities may set the number of days past due up to 180 days if local conditions make it appropriate (for the purposes of application of the standardised approach). The specific number may differ across product lines.
Article 154.7 Transitional default definition for corporate exposures
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Until December 31, 2011, The Competent Authorities may set the definition of default at any number of days past due between 90 and 180. For exposures situated in other Member state, the numer of days will not be inferior to the one in that Member state.