CRR Supplementary Regulation 2021

CRR Supplementary Regulation 2021 - CRR-BV 2021 All English translation of the authentic German text is unofficial and serves merely information purposes. The official wording in German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt; BGBl.). All translations have been prepared with great care, but linguistic compromises had to be made. The reader should also bear in mind that some provisions of these laws will remain unclear without certain background knowledge of the Austrian legal and political system. Please note that these laws may be amended in the future and check occasionally for updates. REGULATION OF THE FINANCIAL MARKET AUTHORITY (FMA), ON THE SUPPLEMENTARY MEASURES FOR REGULATION (EU) NO. 575/2013 WITH REGARD TO THE CONSIDERATIONS FOR THE EXERCISING OF SUPERVISORY DISCRETIONS (CRR-BV 2021; CRR-BEGLEITVERORDNUNG 2021) CRR SUPPLEMENTARY REGULATION 2021 - CRR-BV 2021 Federal Law Gazette II No. 327/2025 Based on Article 21b para. 1 of the Banking Act (BWG; Bankwesengesetz), published in Federal Law Gazette No. 532/1993, most recently amended by Federal Act published in Federal Law Gazette I No. 37/2025, the following shall be determined by regulation:

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SECTION 1
Provisions relating to own funds
INCLUSION OF INTERIM AND YEAR-END PROFITS
Article 1. Interim profits or year-end profits announced prior to the final formal decision being taken
may be considered as Common Equity Tier 1 capital subject to the conditions set in points (a) and (b) of Article 26 (2) of Regulation (EU) No. 575/2013. PRE-AUTHORISATION FOR THE REDEMPTION OF CAPITAL HOLDINGS DURING THE 2026 CALENDAR YEAR ON THE BASIS OF CALLED COOPERATIVE SHARES
Article 2. (1) Credit institutions pursuant to Article 1 para. 1 BWG with the legal form of a registered
cooperative society (German: eingetragene Genossenschaft), which pursuant to Article 6 (4) subparagraph 1 and Article 6 (6) of Regulation (EU) No 1024/2013 are not subject to direct supervision by the European Central Bank, shall be granted prior approval for the 2026 calendar year based on Articles 77 and 78 of Regulation (EU) No 575/2013 in conjunction with Article 32 of Delegated Regulation (EU) No. 241/2014 for the repayment of share capital on the basis of terminations of shares made on or after 1 January 2024 that qualify as Common Equity Tier 1 items within the meaning of point (a) of Article 26 (1) or Article 484 (3) of Regulation (EU) No 575/2013, up to 1% of the eligible Common Equity Tier 1 capital prior to the repayment, provided that all of the following conditions are fulfilled:

1. the Common Equity Tier 1 capital ratio pursuant to point (a) of Article 92 (1) of Regulation (EU)
   No 575/2013 is at least 7 % following the redemption;
2. the credit institution shall at all times, having conducted one of the acts listed in Article 77 of
   Regulation (EU) No 575/2013, hold sufficient own funds to satisfy the following requirements:
   a. the own funds requirements set out in points (c) and (d) Article 92 (1) of Regulation (EU) No 575/2013, as well as b. any additional own funds requirement that exceeds that set out in lit. a, that is communicated by the competent authority on a case-by-case basis as necessary based on Article 104a of Directive 2013/36/EU as the outcome of the Supervisory Review Process pursuant to Article 69 BWG, as well as
   c. the combined capital buffer requirement pursuant to Article 22a para. 1 BWG, as well as
   d. any recommendation for additional own funds over and above those set out in lits. a to c, which are communicated on a case-by-case basis by the competent authority pursuant to Article 104b of Directive 2013/36/EU as a result of the supervisory review process pursuant to Article 69 BWG, including the result of the stress tests conducted pursuant to
   Article 100 of Directive 2013/36/EU; as well as

CRR Supplementary Regulation 2021 - CRR-BV 2021 . 3 / 10 e. the minimum requirements on own funds and eligible liabilities (MREL) to be met pursuant to Article 100 para. 1 of the Bank Recovery and Resolution Act (BaSAG; Sanierungs- und Abwicklungsgesetz);
3. the audited financial statement for 2024 with the report about the status of the cooperative
shares pursuant to Article 22 of the Cooperative Societies Act (GenG; Genossenschaftsgesetz) were submitted to the FMA promptly and in full to the FMA within the period specified in
Article 44 para. 1 BWG;
4. the reporting pursuant to point a of Article 430 (1) of Regulation (EU) No 575/2013 as of
30 September was submitted pursuant to Article 5 in conjunction with Articles 2 and 3 of Implementing Regulation (EU) No 2021/451 was submitted promptly and correctly by 11 November 2025;
5. Subject to the conditions pursuant to nos. 1 and 2 as well as paras. 2 and 3 of this Article being
satisfied, the redemption shall at the same time also fulfil in this specific individual case, the requirements pursuant to Art. 78 of Regulation (EU) No 575/2013 and Art. 32 of Delegated Regulation (EU) No 241/2014; otherwise the FMA shall determine the conditions listed in the first half sentence not to exist by 31 December 2025 in relation to the relevant credit institution. For the purposes of pre-authorisation pursuant to this provision, other legal reasons for termination, for which the redemption of capital holdings is a consequence, shall be considered comparable to a call of cooperative shares. (2) The amount determined in para. 1 for pre-authorisation, which shall not be allowed to exceed 1 % of the eligible Common Equity Tier 1 capital prior to the redemption, shall be calculated as follows: The total of new issuances of cooperative shares paid in during the 2024 financial year that fulfil the requirements pursuant to Articles 28 and 29 of Regulation (EU) No 575/2013 shall be deducted from the total of the redemption amounts for all cooperative shares called in that year. The result shall be divided by the amount of Common Equity Tier 1 capital held at the end of the 2024 financial year added to the total of the redemption amounts for all calls made in this financial year. In the event that the calculation conducted for the 2024 financial year reveals that the total of the redemption amounts does not exceed the total of the cooperative shares issued and paid in in the same financial year, then the conditions pursuant to para. 1 nos. 1 and 2 shall not apply. (3) Permission to consider such cooperative shares as Common Equity Tier 1 instruments shall be granted for new issuances of cooperative shares paid in pursuant to para. 2, provided that such cooperative shares satisfy the conditions set out in Articles 28 and 29 of Regulation (EU) No 575/2013. (4) For credit institutions, for which own funds do not reach the amount of EUR 5 000 000 required as initial capital and which, pursuant to Article 93(2) of Regulation (EU) No 575/2013, may not fall below the highest level reached, the pre-authorisation for the redemption of called cooperative shares shall be granted subject to the requirements in para. 1 to the extent that

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1. the total calculated pursuant to para. 2 of the redemption amount for all cooperative shares
call in during the 2024 financial year does not exceed the total of new issuances of cooperative shares paid in in the same financial year that fulfil the requirements pursuant to Articles 28 and 29 of Regulation (EU) No 575/2013, or
2. the credit institutions exceed the solvency requirements pursuant to para. 1 nos. 1 and 2 by
1% in each case.
SECTION 2
Conditions on holdings outside the financial sector 1 250 % RISK WEIGHT
Article 3. If the thresholds determined in Article 89 (1) or (2) of Regulation (EU) No. 575/2013 are
exceeded, then institutions shall be required to hold eligible capital pursuant to point a of Article 4 (1) no. 71 of Regulation (EU) No. 575/2013 for the amount by which the qualifying holdings exceed these thresholds. In the event that both the thresholds mentioned in Article 89 (1) and (2) of Regulation (EU) No. 575/2013 are exceeded, then only the higher of the two exceeded amounts shall apply.
SECTION 3
Requirements for credit risk
SIGNIFICANCE OF A LIABILITY WHEN QUALIFYING AS THE DEFAULT OF AN OBLIGOR
Article 4. (1) An obligation shall in any case de deemed to be material as defined in Article 178 (1) (b)
of Regulation (EU) No. 575/2013, if on more than 90 consecutive days
1. the ratio of the total of all past due obligations of an obligor towards the institution, its parent
undertaking or its subsidiary to the total amount of all exposures of the institution, its parent undertaking, or its subsidiary reported in the balance sheet towards this obligor, with the exception of exposures arising from participations exceeds 1 %, and
2. the total of all past due obligations of an obligor towards the institution, its parent
undertaking or its subsidiary exceed a. the amount of EUR 100 for retail exposures, or b. the amount of EUR 500 for exposures which are not allocatable as retail exposures. (2) In the case of institutions which apply the definition of default defined in Article 178 (1) points (a) and (b) of Regulation (EU) No 575/2013 to individual credit facilities, para. 1 shall apply subject to the proviso that the amount of the obligations of the obligor shall be applied from a single credit facility granted by the institution, its parent undertaking or its subsidiary as the “total amount of all

CRR Supplementary Regulation 2021 - CRR-BV 2021 . 5 / 10 exposures of the institution, its parent undertaking, or its subsidiary reported in the balance sheet towards this obligor, with the exception of exposures arising from participations” pursuant to para. 1 no. 1 as well as the “total of all past due obligations” pursuant to para. 1 nos. 1 and 2. COVERED BONDS – VALUATION OF IMMOVABLE PROPERTY
Article 4a. For the purposes of the second subparagraph of Article 129 (3) of Regulation (EU) No
575/2013 the thresholds defined in point e of Article 229 (1) of Regulation (EU) No 575/2013 may remain unused. TRANSITIONAL PROVISION ON ECAI CREDIT ASSESSMENTS
Article 4b. By way of derogation from Article 138 point g of Regulation (EU) No 575/2013, institutions
that are not subject to direct supervision by the European Central Bank pursuant to the first subparagraph of Article 6 (4) and para. (6) leg cit. of Regulation (EU) No 1024/2013 shall be allowed to continue to use an ECAI credit assessment that incorporates assumptions of implicit government support until 30 June 2026, provided that no alternative ECAI credit assessment exists that does not incorporate assumptions of implicit government support.
SECTION 4
Requirements for market risk
NETTING OF CONVERTIBLE BONDS AS PART OF OWN FUNDS REQUIREMENTS FOR POSITION RISKS
Article 5. Convertible bonds according to Art. 174 para. 1 of the Stock Corporation Act (AktG;
Aktiengesetz), shall be treated as equity instrument positions and may be netted against equities in which a conversion right exists, if

1. the time frame until the first day of the conversion period is less than three months, or, in the
   event that there has been a previous conversion period, the time frame until the next possible conversion period is less than one year, and
2. the convertible bond is to be traded at a premium of less than 10 %; the premium shall be
   calculated as the market price of the convertible bond less the market price of the equity, into which conversion is possible, expressed as a percentage of the market price of the equity.

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SECTION 5
Consolidation requirements
SHARES IN CREDIT INSTITUTIONS, CRR-CREDIT INSTITUTIONS, AND CRR-FINANCIAL INSTITUTIONS
Article 6. (1) For holdings as defined in Article 4 (1) no. 35 of Regulation (EU) No. 575/2013 in credit
institutions, CRR-credit institutions, financial institutions pursuant to Article 4(1) no. 26 of Regulation (EU) No 575/2013 and asset management companies as defined in Directive 2002/87/EC, which are included upon the basis of the applicable accounting framework for the consolidated basis pursuant to Article 4 (1) no. 77 of Regulation (EU) No. 575/2013 in the consolidated financial statement using the equity method and which shall not be included pursuant to Article 18 (1) to (4) of Regulation (EU) No. 575/2013 in the supervision on a consolidated basis, for supervisory consolidation purposes pursuant to Part 1, Title II, Chapter 2 of Regulation (EU) No. 575/2013 the equity method shall be applied provided that the competent authority does not demand proportional or full consolidation pursuant to Article 4 (1) of Delegated Regulation (EU) 2022/676. (2) By way of derogation from para. 1, taking into consideration Article 4 (2) and (3) of Delegated Regulation (EU) 2022/676, full consolidation of institutions or financial institutions shall be undertaken in such cases in which the institution is exposed to the majority of the risks in conjunction with the relevant activities of that institution or financial institution, or enjoys the majority of the associated benefits, due to its organisational and financial relations to the institution or financial institution. (3) By way of derogation from para. 1, taking into consideration Article 4 (2) and (3) of Delegated Regulation (EU) 2022/676, a proportional consolidation of institutions or financial institutions commensurate to their share of capital in this entity shall be undertaken in such cases, in which a contractual agreement exists between the institution and one or more shareholders, owners or members of the institution or financial institution in question to collectively financially support the institution or financial institution, or where there are clear indications that they would provide financial support to the institution or financial institution commensurate to their share of capital. This shall not apply in cases in which institutions are affiliated to an institutional protection scheme under the conditions set out in Article 113 (7) of Regulation (EU) No 575/2013. (4) Differences arising from the equity method shall be treated in accordance with the provisions for the applicable accounting framework. The goodwill attributable to the difference shall be treated pursuant to point (b) of Article 37 of Regulation (EU) No. 575/2013.

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Article 7. (1) Differences arising from the application of the equity method shall be treated in
accordance with the provisions for the applicable accounting framework. The goodwill attributable to the difference shall be treated pursuant to point (b) of Article 37 of Regulation (EU) No. 575/2013. (2) A full consolidation is to be undertaken instead of the equity method, taking into consideration
Article 7 para. 1 in conjunction with Article 4 (2) and (3) of Delegated Regulation (EU) 2022/676 for a
subsidiary or an undertaking in which an institution has a participation in those cases in which the institution is exposed to the majority of the risks in conjunction with the relevant activities of that subsidiary or undertaking, or enjoys the majority of the associated benefits, due to its organisational and financial relations to the relevant subsidiary or undertaking. (3) A proportional consolidation is to be undertaken instead of the equity method, taking into consideration Article 7 para. 1 in conjunction with Article 4 (2) and (3) of Delegated Regulation (EU) 2022/676 for a subsidiary or an undertaking in which an institution has a participation that is commensurate to the share of capital held in that entity, provided that one of the following conditions is met:

1. the undertaking is jointly controlled by the institution together with one or more undertakings
   not included in the consolidation pursuant to a legally enforceable contractual arrangement between them or to clauses of the undertaking’s memoranda or articles of association and the decisions about the undertaking’s relevant activities require the unanimous consent of all the participating undertakings;
2. there is a contractual agreement between the institution and one or more shareholders,
   owners or members of the undertaking to jointly provide financial support to that undertaking or there is strong evidence that they would financially support the undertaking according to the share of capital held in it. CONSOLIDATION IN THE CASE OF SIGNIFICANT INFLUENCE WITHOUT CAPITAL TIES
   Article 8. Where an institution exercises a significant influence over one or more institutions or
   financial institutions, but without holding a participation or other capital ties in those institutions, then taking into consideration Article 5 (1), (4) and (5) of Delegated Regulation (EU) 2022/676 full consolidation shall be performed in those cases in which the institution that exercises the significant influence is exposed to the majority of the risks in conjunction with the relevant activities of those institutions or financial institutions, or enjoys the majority of the associated benefits, due to its organisational and financial relations to the relevant institutions or financial institutions. CONSOLIDATION OF HORIZONTAL GROUPS OF UNDERTAKINGS
   Article 9. Where institutions are connected with one another by means of a relationship as defined
   in Article 22 (7) of Directive 2013/34/EU then consolidation shall be performed pursuant to the provisions of Article 2 of Delegated Regulation (EU) 2022/676.

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SECTION 6
Final provisions
REFERENCES
Article 10. (1) The following shall apply to references to laws (Federal Acts) in this Regulation:
1. where reference is made to provisions in the Austrian Banking Act (BWG; Bankwesengesetz),
published in Federal Law Gazette no. 532/1993, the version amended by Federal Act in Federal Law Gazette I No. 37/2025 shall apply;
2. where reference is made to provisions in the Bank Recovery and Resolution Act (BaSAG;
Sanierungs- und Abwicklungsgesetz), published in Federal Law Gazette I no. 98/2014, the version amended by Federal Act in Federal Law Gazette I no. 34/2025 shall apply;
3. where reference is made to provisions in the Stock Corporation Act (AktG; Aktiengesetz),
published in Federal Law Gazette no. 98/1965, the version amended by Federal Act in Federal Law Gazette I No. 178/2023 shall apply;
4. where reference is made to provisions in the Cooperative Societies Act (GenG;
Genossenschaftsgesetz), published in Imperial Law Gazette no. 70/1873, the version amended by Federal Act in Federal Law Gazette I No. 133/2024 shall apply; (2) The following shall apply to references to legal acts under European law in this Regulation:
1. where reference is made to provisions in Regulation (EU) No 575/2013, this relates to
Regulation (EU) no. 575/2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012, OJ L 176, 27.06.2013, p. 1, in the version amended by Regulation (EU) 2025/1496, OJ L 2024/1496, 19.09.2025;
2. where reference is made to provisions in Regulation (EU) No 1024/2013, this relates to
Regulation (EU) no. 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions, OJ L 287, 29.10.2013, p. 63, in the version of the corrigendum in OJ L 218, 19.08.2015, p. 82;
3. where reference is made to provisions in Directive 2013/36/EU, this relates to
Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, OJ L 176, 27.06.2013, p. 338, in the version of the Directive (EU) 2024/2994, OJ L 2024/2994, 04.12.2024;
4. where reference is made to provisions in Delegated Regulation (EU) No. 241/2014, this relates
to Delegated Regulation (EU) No. 241/2014 supplementing Regulation (EU) No 575/2013 with regard to regulatory technical standards for own funds and eligible liabilities requirements for institutions, OJ L 74, 14.03.2014, p. 8, in the version amended by Delegated Regulation (EU) 2023/827, OJ L 104, 19.04.2023, p. 1;

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5. where reference is made to provisions in Implementing Regulation (EU) 2021/451, this relates
to Implementing Regulation (EU) 2021/451 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Implementing Regulation (EU) No 680/2014, OJ L 97, 19.03.2021 p. 1, in the version amended by Implementing Regulation (EU) 2024/855, OJ L 2024/855, 24.04.2024;
6. where reference is made to provisions in Directive 2002/87/EC, this relates to Directive
2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC, OJ L 35, 11.02.2003, p. 1, amended by Directive (EU) 2025/2, OJ L 2025/2, 08.01.2025;
7. where reference is made to provisions in Directive 2013/34/EU, this relates to
Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC and repealing Directives 78/660/EEC and 83/349/EEC, OJ L 182, 29.06.2013, p. 19, in the version amended in Directive (EU) 2025/2, OJ L 2025/2, 08.01.2025.
8. where reference is made to provisions in Delegated Regulation (EU) 2022/676, this relates to
Delegated Regulation (EU) 2022/676 supplementing Regulation (EU) No 575/2013 with regard to regulatory technical standards specifying the conditions in accordance with which consolidation is to be carried out in the cases referred to in Article 18(3) to (6) and Article 18(8) of that Regulation, OJ L 123, 26.04.2022, p. 1. TRANSITIONAL PROVISIONS
Article 11. Exposures to the central governments and central banks of Member States, where they
are in the domestic currency of another Member State and have been refinanced, may be held up to the following upper boundaries have taken into account the impact of credit risk mitigation pursuant to Articles 399 to 403 of Regulation (EU) No 575/2013:

1. 100 % of the institution’s Tier 1 capital until 31 December 2023;
2. 75 % of the institution’s Tier 1 capital between 1 January and 31 December 2024;
3. 50 % of the institution’s Tier 1 capital between 1 January and 31 December 2025;
   Article 12. The percentage stated in point (c) of Article 469 (1) of Regulation (EU) No. 575/2013 shall
   be determined with regard to the items pursuant to point (c) of Article 36 (1) of Regulation (EU) No. 575/2013, which existed prior to 1 January 2014, as 100 % from the 2022 calendar year. ENTRY INTO FORCE AND REPEAL
   Article 13. (1) This Regulation shall enter into force on 1 January 2022.

CRR Supplementary Regulation 2021 - CRR-BV 2021 . 10 / 10 (2) The CRR Supplementary Regulation (CRR-BV; CRR-Begleitverordnung), published in Federal Law Gazette II No. 425/2013, most recently amended by means of Regulation in Federal Law Gazette II No. 584/2020, shall be repealed upon expiry of 31 December 2021. (3) Article 2 paras. 1, 2 and 4 no. 1 including heading, Articles 6 to 9 including their respective headings as well as Article 10 para. 1 nos. 1 and 2 and para. 2 nos. 5, 7 and 8 in the version of the Regulation amended in Federal Law Gazette II No. 482/2022 shall enter into force on 1 January 2023.
Article 2 in the version of the Regulation published in Federal Law Gazette II No. 542/2021 shall
continue to apply for the redemption of capital holdings during the 2021 calendar year. (4) The introductory sentence in Article 2 para. 1, Article 2 para. 1 nos. 3 to 5, para. 2 and para. 4 no. 1 including heading as well as Article 10 para. 2 no. 4 in the version of the Regulation amended in Federal Law Gazette II no. 336/2023 enter into force on 1 January 2024. (5) The heading of Article 2, the introductory sentence of Article 2 para. 1, Article 2 para. 1 nos. 3 to 5, para. 2 and para. 4 no. 1, the heading of Article 6, Article 6 para. 1, the heading of Article 7, as well as Article 10 in the version of the Regulation amended in Federal Law Gazette II no. 315/2024 shall enter into force on 1 January 2025. (6) Articles 4a and 4b including headings, Article 10 para. 1 no. 1 and para. 2 nos. 1, 3, 6 and 7 as well as Article 13 para. 5 in the version of the Regulation amended in Federal Law Gazette II no. 81/2025 shall enter into force at the end of the day on which it is announced. (7) The heading of Article 2, the opening sentence of Article 2 para. 1, Article 2 para. 1 nos. 3 to 5, para. 2 and para. 4 no. 1, Article 4b as well as Article 10 para. 1 nos. 1 and 2 in the version of the Regulation amended in Federal Law Gazette II no. 327/2025 shall enter into force on 1 January 2026.