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AI Summary of Article 320 Exclusion of losses

The competent authority may permit institutions to exclude certain exceptional operational risk events from their annual loss calculations, provided specific conditions are met. These include demonstrating that the cause of the risk event is unlikely to recur, ensuring the net loss meets predefined thresholds, and maintaining the event in the loss database for at least one year.

Institutions must submit documented justifications for exclusion, detailing the risk event, proof of materiality, the planned exclusion date, and assessments of ongoing relevance and legal exposures. The EBA will develop regulatory standards to guide competent authorities in evaluating such requests.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 6 of 6

Article 320 Exclusion of losses

1. An institution may request permission from the competent authority to exclude from the calculation of its annual operational risk loss exceptional operational risk events that are no longer relevant to the institution's risk profile, where all of the following conditions are met:

(a) the institution can demonstrate to the satisfaction of the competent authority that the cause of the operational risk event at the origin of those operational risk losses will not occur again;

(b) the aggregated net loss of the corresponding operational risk event is either of the following:

(i) equal to or exceed 10 % of the institution's average annual operational risk loss, calculated over the last 10 financial years and based on the threshold referred to in Article 319(1), where the operational risk loss event refers to activities that are still part of the business indicator;

(ii) related to an operational risk event that refers to activities divested from the business indicator in accordance with Article 315(2);