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AI Summary of Article 270a Additional risk weight.

The Regulation (EU) 2017/2402 outlines that institutions falling short of criteria in Chapter 2, due to negligence or oversight, will face a mandatory additional risk weight of a minimum of 250%, capped at 1,250%, for the pertinent securitisation positions. This additional weighting escalates with subsequent breaches of due diligence and risk management obligations. Authorities may adjust this risk weight, according to exemptions cited in Article 6(5) of the same Regulation.

Furthermore, the European Banking Authority (EBA) is tasked with drafting implementing technical standards aimed at harmonising supervisory practices related to these obligations. These standards must be submitted to the Commission by 1 January 2014, allowing for a structured approach to enforcement and compliance.

Version status: Inserted | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2019 - onwards

Article 270a Additional risk weight.

1. Where an institution does not meet the requirements in Chapter 2 of Regulation (EU) 2017/2402 in any material respect by reason of negligence or omission by the institution, the competent authorities shall impose a proportionate additional risk weight of no less than 250 % of the risk weight, capped at 1 250 %, which shall apply to the relevant securitisation positions in the manner specified in Article 247(6) or Article 337(3) of this Regulation respectively. The additional risk weight shall progressively increase with each subsequent infringement of the due diligence and risk management provisions. The competent authorities shall take into account the exemptions for certain securitisations provided for in Article 6(5)) of Regulation (EU) 2017/2402 by reducing the risk weight they would otherwise impose under this Article in respect of a securitisation to which Article 6(5) of Regulation (EU) 2017/2402 applies.

2. The EBA shall develop draft implementing technical standards to facilitate the convergence of supervisory practices with regard to the implementation of paragraph 1, including the measures to be taken in the case of breach of the due diligence and risk management obligations.

The EBA shall submit those draft implementing technical standards to the Commission by 1 January 2014.