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AI Summary of Article 79 Temporary waiver from deduction from own funds and eligible liabilities
This document outlines provisions regarding capital instruments or eligible liabilities held by institutions that may qualify for temporary waivers on deduction rules, facilitated by competent authorities. Such waivers apply when these holdings are associated with financial assistance operations aimed at reorganising and restoring the viability of the relevant entity.
The European Banking Authority (EBA) is tasked with developing draft regulatory technical standards to define 'temporary' and the conditions under which competent authorities may classify these holdings as part of a financial assistance operation. The EBA must submit these standards to the European Commission by 28 July 2013, with the Commission holding the delegated power to adopt them.
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Article 79 Temporary waiver from deduction from own funds and eligible liabilities
1.Where an institution holds capital instruments or liabilities that qualify as own funds instruments in a financial sector entity or as eligible liabilities instruments in an institution and where the competent authority considers those holdings to be for the purposes of a financial assistance operation designed to reorganise and restore the viability of that entity or that institution, the competent authority may waive on a temporary basis the provisions on deduction that would otherwise apply to those instruments.
2. EBA shall develop draft regulatory technical standards to specify the concept of temporary for the purposes of paragraph 1 and the conditions according to which a competent authority may deem those temporary holdings to be for the purposes of a financial assistance operation designed to reorganise and save a relevant entity.
EBA shall submit those draft regulatory technical standards to the Commission by 28 July 2013.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.