Amendments
Article 1
Decision (EU) 2021/1442 (ECB/2021/38) is amended as follows: 1. Article 5 is replaced by the following: ‘Article 5 Criteria for the adoption of delegated decisions on prior permission to revert to the use of less sophisticated approaches 1. Decisions granting permission to revert to the use of less sophisticated approaches shall be taken by means of a delegated decision if all of the following criteria are met: (a) as a result of the reversion to the use of less sophisticated approaches, there are no changes to the criteria applied by the significant supervised group or significant supervised entity to determine whether or not to revert to the use of less sophisticated approaches pursuant to Article 149 of Regulation (EU) No 575/2013, as reflected in the internal policies or arrangements of that group or entity as communicated to the ECB, and there is no breach of any requirement, obligation or limitation set out in previous ECB decisions approving return-to-compliance plans pursuant to Article 146 of Regulation (EU) No 575/2013 or pursuant to Article 101(4) of Directive 2013/36/EU and IRB roll-out plans pursuant to Article 148 of Regulation (EU) No 575/2013; (b) as a result of the reversion to the use of less sophisticated approaches, the Common Equity Tier 1 capital ratio does not increase or decrease by more than 50 basis points, measured separately for any individual type of exposure or rating system within the scope of the application to revert to the use of less sophisticated approaches, on a consolidated level of a significant supervised group or on an individual level of a significant supervised entity, where such entity is not part of a significant supervised group. 2. Where the application to revert to the use of less sophisticated approaches concerns more than one rating system, the decision shall be taken by means of a delegated decision if all the criteria set out in paragraph 1 are met with regard to each rating system in the scope of the decision. 3. The assessment concerning the reversion to less sophisticated approaches shall be carried out in accordance with Article 149 of Regulation (EU) No 575/2013 and implementing and regulatory technical standards adopted by the European Commission, also taking into consideration any applicable ECB guides or similar documents issued by the ECB, as well as Guidelines and final draft regulatory technical standards of the European Supervisory Authorities.’ ; 2. Article 6 is replaced by the following: ‘Article 6 Criteria for the adoption of delegated decisions on prior permission for permanent partial use of the Standardised Approach 1. Decisions granting prior permission for the permanent partial use of the Standardised Approach shall be taken by means of a delegated decision if all of the following criteria are met: (a) as a result of the decision on the permanent partial use of the Standardised Approach, there are no changes to the criteria used by the significant supervised group or significant supervised entity to determine whether or not to revert to the use of less sophisticated approaches pursuant to Articles 149 and 150 of Regulation (EU) No 575/2013, as reflected in the internal policies or arrangements of that group or entity as communicated to the ECB, and there is no breach of any requirement, obligation or limitation set out in previous ECB decisions approving return-to-compliance plans pursuant to Article 146 of Regulation (EU) No 575/2013 or pursuant to Article 101(4) of Directive 2013/36/EU and IRB-roll out plans pursuant to Article 148 of Regulation (EU) No 575/2013; (b) as a result of the decision on the permanent partial use of the Standardised Approach, the Common Equity Tier 1 capital ratio does not increase or decrease by more than 50 basis points, measured separately for any individual type of exposure or rating system within the scope of the application for permanent partial use of the Standardised Approach, on a consolidated level of a significant supervised group or on an individual level of a significant supervised entity, where such entity is not part of a significant supervised group. 2. The assessment concerning the permanent partial use of the Standardised Approach shall be carried out in accordance with Article 150 of Regulation (EU) No 575/2013 and implementing and regulatory technical standards adopted by the Commission, also taking into consideration any applicable ECB guides or similar documents issued by the ECB, as well as Guidelines and final draft regulatory technical standards of the European Supervisory Authorities.’ .