EBA BS 2012 188

October 2012

Final report on the implementation of Capital Plans

following the EBA’s 2011 Recommendation on the
creation of temporary capital buffers to restore
market confidence
Contents
1. Executive summary .................................................................................................................................. 3
2. Background .............................................................................................................................................. 5
3. Final update on the implementation of the capital plans by the 27 banks .......................................... 7
3.1 Overall assessment .................................................................................................................................... 7
3.2 Measures taken – Breakdown .................................................................................................................. 10
3.3 Backstops and asset quality assessments ............................................................................................... 13
3.3.1 Backstops already implemented - Capital injected .......................................................................... 14
3.3.2 Ongoing backstops .......................................................................................................................... 14
4. Capital position of the banks participating in the capital exercise as of end of June ...................... 15
5. Transition to the CRD IV/CRR ............................................................................................................... 16

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1. Executive summary

1. As part of a suite of policy measures to restore confidence in the EU banking sector, the EBA, in
December 2011, issued a Recommendation to national authorities that participating EU banks
raise their Core Tier 1 ratio (CT1) to 9%, after setting an additional buffer against sovereign risk
holdings. The objective of the entire Recommendation was to ensure sufficient capital against
unexpected losses if the economic situation deteriorated further.

2. The EBA identified a shortfall for 27 banks of €76bn1, to be addressed by end-June 2012 via an
increase of the capital elements of the highest quality and via a limited set of actions aimed at
reducing risk weighted assets (RWAs), without impacting lending into the real economy.
Comprehensive measures have subsequently been implemented by banks to comply with the
Recommendation by end-June 2012. The relevant banks submitted their capital plans to National
Supervisory Authorities (NSAs) in coordination with the EBA. These plans were discussed in
supervisory colleges, where host supervisors had the opportunity to raise any concerns on those
measures having an impact on their own jurisdictions and credit markets.

3. On 11 July 2012, the EBA published a preliminary report on the implementation of banks’ capital
plans. The current report presents the final outcome following an extensive collection of actual
data2 provided by banks based on their financial statements as of 30 June, The outcomes and
findings of this final assessment are in line with our July preliminary report.

4. The vast majority of the banks3 involved in the EBA capital exercise show a CT1, as of end of
June, above the 9% after accounting for the sovereign buffer. In the case of four banks4,
backstops are currently being undertaken, with the explicit support formally endorsed by the
corresponding governments.

1
Of the 71 EEA banks involved in the EU 2011 capital exercise, 37 banks showed an initial shortfall of €115bn.
However, three banks (Dexia, €6.3bn; Volksbank AG, €1.1bn; West LB €0.2bn) were identified as undergoing
such a deep restructuring that their submission of plans was deemed unnecessary. Similarly, the initial shortfall
for six Greek banks (€30bn) is being addressed in the Greek Programme; therefore no separate plans were
requested. Finally, Bankia (€1.3bn), which initially submitted a capital plan, has subsequently gone into an
intensive restructuring in early May 2012 and is being monitored separately by the relevant authorities. The initial
shortfall for the remaining 27 banks is €76bn.
2
The data collection has been requested to 61 banks involved in the capital exercise that are not under deep
restructuring. The process of balance sheet repair is, however, on-going. Following the recapitalisation exercise,
NSAs will continue their heightened supervisory monitoring. Where necessary, they will undertake detailed
reviews of each bank’s asset quality, both assessing the loss contents of loan bank-books and revaluing asset
collateral on a conservative basis.
3
Note that those 4 banks for which a deep restructuring process was triggered after the publication of the EBA
Recommendation are being monitored separately.
4
Banca Monte Dei Paschi Di Siena S.p.A, Cyprus Popular Bank Public Co Ltd, Bank of Cyprus Public Co Ltd.
and Nova Kreditna Banka Maribor d.d.

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5. The capital exercise, which triggered a deep restructuring process for 4 of the banks with an initial
shortfall, has resulted in an aggregate €115.7bn recapitalisation for the 27 banks after the
implementation of their respective capital plans.

6. Overall, taking into account the capital strengthening of the remaining banks in the sample, and
the capital injection already realised in Greek and Spanish banks involved in the exercise, more
than €200bn have been injected between December 2011 and June 2012.

7. Compliance with the Recommendation has been achieved mainly via new capital measures
(retained earnings, new equity, and liability management), and to a lesser extent, by releasing
capital through measures impacting RWAs.

8. The recapitalisation exercise was a necessary step on the road to repairing EU banks’ balance
sheets. It is one of a series of coordinated policy measures agreed by the European Council last
October. Although the external environment remains very challenging, the recapitalisation has
contributed to strengthening the capital base of the banking system and has put banks in a
stronger position to continue lending to the real economy. Along with the ensuing ECB long-term
refinancing operations, which alleviated the liquidity tail risk of EU banks, the recapitalisation
exercise is a major step towards gradually restoring access to market funding.

9. The EBA will now continue to monitor banks’ capital levels. The implementation of the CRD
IV/CRR framework will change the legal setting for assessing capital levels. To that end, when the
final CRD IV/CRR package enters into force, the EBA intends to issue a new Recommendation.
That Recommendation will replace the 9% CT1 ratio with a capital conservation requirement.
Under this requirement, supervisors will monitor a nominal capital amount (e.g. Euros) which
comprises the 9% CT1 as of June 2012. This level will be monitored by the consolidating
supervisor, in conjunction with the EBA and Supervisory Colleges to ensure it is maintained. In
addition, supervisors will assess banks’ capital plans for the transition to CRD IV/CRR
implementation, including in stressed scenarios under the EBA’s 2013 EU-wide stress test.
Further measures to conserve capital, such as restrictions on dividends and other variable
payments, may be applied if these plans are in doubt.

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2. Background

1. In July 2011, the EBA’s EU-wide stress test attempted to assess the impact of credit losses and of
elevated funding costs on banks’ balance sheets. The stress test prompted significant pre-emptive
capital-raising action by banks (€50bn for the first four months of 2011) was accompanied by an
unprecedented transparency exercise, which addressed longstanding uncertainty about banks’
holdings of various asset classes, including government debt. The EBA subsequently
recommended capital strengthening for banks with CT1 below 5% and for those above 5% but
holding significant amounts of stressed sovereign debt.

2. As the EU financially-stressed sovereigns’ situation in the market deteriorated in 2011, the EBA
advised on the need to break the link between banks and sovereigns via (i) higher capital buffers
(ii) and effective EU-wide bank term debt guarantees.

3. In this context, in December 2011, the EBA issued a Recommendation that all participating EU
banks raise their CT1 capital to 9% after accounting for an additional buffer against stressed
sovereign risk holdings. This Recommendation was aimed at reassuring the market that the EU
banking system as a whole had the ability to withstand a range of credit shocks – including
sovereign stresses – and still maintain adequate capital. This requirement for a capital buffer was
not the result of a stress test and was not based on an actual asset quality review of each bank.

4. A sample of 71 EEA banks took part in the capital exercise, of which 31 banks, excluding Greek
banks, experienced an initial shortfall in meeting a 9% CT1 ratio after including the sovereign
buffer. 28 banks out of the 31 provided capital plans to comply with the EBA December
Recommendation. The remaining three banks - Dexia, Österreichische Volksbank AG and
WestLB AG, Düsseldorf - are currently involved in deep restructuring, with a wind-down of their
activity. Bankia, which initially submitted a capital plan, is now undergoing fundamental
restructuring and is being monitored separately by the relevant authorities. Therefore, the current
report covers the remaining 27 banks, with a shortfall of €76bn.

The capital exercise is a one-off exercise conducted with the aim to restore market confidence
in the banking sector. It is not a stress test exercise. No assessment of assets quality was
undertaken by the EBA in the framework of the exercise.

5. NSAs submitted banks’ capital plans to the EBA at the end of January 2012, in line with the EBA
December Recommendation (EBA/REC/2011/1). Following this submission, discussions on the
measures designed by banks took place in the framework of colleges, allowing an exchange of
views among home and host supervisors.

6. Discussions in supervisory colleges provided the opportunity for all relevant competent authorities
to consider the plans more in depth and to understand the viability of the proposed measures and
the implications for the markets in the various countries. Host supervisors had the opportunity to
raise any concerns during these meetings. For those banks with no college in place, plans were

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 discussed bilaterally between the EBA and the relative NSA, in order to clarify the eligibility,
feasibility and timeline of planned measures, and their possible impact on the real economy.

7. Notwithstanding the fact that formal approval of plans and communication with banks was a matter
for Consolidating National Supervisors, the EBA, together with NSAs has monitored the progress
in the implementation of plans by banks.

8. During this summer, the EBA launched an extensive collection of actual data similar to the one
undertaken as of September 2011. The data collection was addressed to 61 banks involved in the
capital exercise that are not undergoing deep restructuring. Banks provided data based on their
financial statements as of 30 June 2012. The present report is based on these data, and shows
the findings and conclusions stemming from the EBA’s final assessment on the EU 2011 Capital
Exercise.

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3. Final update on the implementation of the capital plans by the
27 banks

3.1 Overall assessment

9. The final outcomes of the capital exercise for those banks that implemented a capital plan are in
line with our preliminary report published in July, with the capital position of the 27 banks further
strengthened compared to the last estimates included in the July report. Besides the expected
deviations between estimates and final actual figures, other differences arise from data
classification issues5.

The vast majority of the banks are compliant with the EBA Recommendation as of end of June.
For the remaining banks, backstops approved before the end of June are being implemented,
with the explicit support formally endorsed by governments.

10. As of 30 June 2012, the 27 banks with a shortfall of €76bn reported to have reached a
recapitalisation amount6 of €115.7bn.

11. The overall figure, taking into account the capital strengthening by the 34 banks in the sample that
did not show an initial shortfall, and the capital injection already realised in Greek and Spanish
banks involved in the exercise, more than €200bn have been injected between December 2011
and June 2012.

12. Out of the list of 27 banks, 24 show a CT1 above 9% after accounting for the sovereign buffer as
of end of June 2012. Regarding the remaining three banks7, the necessary backstops have been
endorsed by the corresponding governments8 and are being implemented.

13. With respect to the other 34 banks that took part in the EBA 2011 capital exercise but did not
show any initial shortfall, 33 remain above the 9% CT1 as of end of June, i.e. all except for one. In
June 2012, this bank, NOVA KREDITNA BANKA MARIBOR D.D., submitted a detailed capital
plan to meet the 9% target. According to this plan, the bank expects to meet the Recommendation
by the end of December 2012 through private measures. However, backstops are already in

5
e.g. New or existing hybrids that were converted into equity by the 30 of June 2012 have been included under
“new equity” measures in the present report, compared to their classification as “CoCos” or “Conversion of
existing hybrids into equity” measures in our July 2012 preliminary report. Figures under “Deleveraging other than
formally agreed deleveraging” that were part of “Other mitigating measures” in our July report are now showed
separately.
6
The recapitalisation amount stands for the additional amount of capital reached as a result of the capital plans
through the implementation of capital measures plus the amount of capital released through the implementation of
RWA measures.
7
Banca Monte Dei Paschi Di Siena S.p.A, Cyprus Popular Bank Public Co Ltd and Bank of Cyprus Public Co Ltd.
8
Through the approval of a Decree-Law establishing the government support in one case and through the
government’s decision to request the EFSF support in the other two cases.

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 place, and, if necessary, an ultimate and eventual recapitalisation has been committed by the
Republic of Slovenia, with a deadline of 31 December 2012.

14. The backstops now being implemented lead all the banks to a CT1 above the 9%.

Capital measures clearly predominate over RWA measures. Banks have strengthened their
capital positions mainly increasing eligible own funds, and to a lesser extent, releasing capital
through measures impacting the RWAs

15. The 27 banks have built their recapitalisation amount of €115.7bn through the implementation of
both direct capital measures, that have strengthened the capital levels of the bank, and RWA
measures, that have decreased the banks’ capital requirements. The breakdown of the
recapitalisation amount is as follows:

■ Direct capital measures rise to €83.2bn, 72% of the recapitalisation amount and 108.5%
over the initial shortfall.

■ Capital impact of RWA measures rises to €32.5bn, 28% of the recapitalisation amount. On
top of the direct capital measures, RWA measures contribute to a surplus of €39.9bn over
the 9% CT1 after sovereign buffer.

16. Aggregate data shows that capital measures deployed by banks have been more than enough to
cover the initial shortfall.

Final recap amount agains the initial shortfall

Final recap amount:

€115.7 bn
Initial shortfall Initial shortfall, 75.8

Ongoing RWA measures,

Recap amount Recap amount, 78.9
backstops, 4.3 32.5

0 20 40 60 80 100 120 140

Billion Euros

17. Backstop measures mainly consist of new issuances of capital instruments. These instruments will
be underwritten by governments directly or through the support of the European Financial Stability
Facility (EFSF).

18. As far as individual banks are concerned, a large majority of the 27 banks have covered at least
80% of the initial shortfall through the implementation of direct capital measures:

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 Percentage of initial shortfall covered through direct capital measures, including public backstops
600.00%

500.00%

400.00%

300.00%

Percentage of coverage
200.00%

100.00%

0.00%

-100.00%
Non-named individual banks

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 3.2 Measures taken – Breakdown

19. The charts below show the breakdown of the recapitalisation amount as at 30 June 2012,
distinguishing between measures which directly enhanced capital and those impacting RWAs.

Breakdown of the recap amount

Direct capital Capital impact

measures of RWA
72% measures
28%

Direct capital measures (%age of the recap amount) Capital impact of RWA measures
(%age or recap amount)

Issuing of private
Cocos Other mitigating Other mitigating
7% measures measures (RWA)
22% 10%
Conversion to
equity of hybrids Deleveraging
(2012) other than
5% Disposal of assets formally agreed
Capital impact of deleveraging
6%
RWA measures 2%
28% Direct capital
measures EU State Aid
72% deleveraging
New capital + 1%
reserves New advanced
38% models
Changes of
existing 7%
advanced models
2%

The 27 banks have broadly strengthened their capital positions with new ordinary capital and
reserves, and have raised own funds by 12.6% since September 2011.

3.2.1 Direct capital measures

20. Since September 2011, and as result of their capital plans, the 27 banks have increased their core
capital position (ordinary equity plus reserves) by €43.6bn through the issuance of new ordinary
shares, the payment of dividends in shares, retained earnings and conversion of hybrids into
common capital. As of 31 October, ordinary capital will have increased by an additional €6.4bn,
taking into account the scheduled conversion into shares of hybrid instruments on that date.

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 Therefore, by 31 October 2012, the 27 banks will have increased their core capital by €50bn, a
12.6% increase compared to September 20119.

21. Furthermore, banks have issued a number of Buffer Convertible Capital Securities compliant with
the EBA Common Term Sheet. The total amount issued is €7.64bn10. These bonds are not CT1
instruments but are eligible to meet the EBA Recommendation. With these new instruments,
banks have strengthened their capital position by a further 2% compared to September 2011.

22. Finally, other mitigating measures directly impacting banks’ capital position amount to €25.5bn11.
These impacts stem from:

■ lower deductions from CT1 capital (depreciation/disposal of goodwill and intangible assets,
disposal of securitisation portfolios, reduction in the difference between expected losses
and specific provisions in case of IRB models, disposal of non consolidated
subsidiaries/stakes on financial firms);

■ consolidation impacts on capital (e.g., increase on minority interests);

■ changes to reserves stemming from FX rates;

■ other impacts on capital: consolidation effects (e.g., increase on minority interests) and
others.

3.2.2 Release of capital stemming from RWA reductions

In line with the Recommendation, capital plans have not led directly to a significant reduction
of lending into the real economy. A deleveraging process had already started before the capital
exercise and will need to continue in an orderly fashion.

23. Measures related to a decrease in lending led to a reduction of just 0.87% of total RWAs at
September 201112 (reduction in RWAs by €42.9.bn). Moreover, this deleveraging was focused on
a small number of banks that are in specific agreements with international and EU organisations in
the framework of formal restructuring plans and state aid injections.

9
This represents 43% of the total recapitalisation amount (€115.7bn) and 66% of the initial shortfall of €76bn for
the 27 banks.
10
7% of the recap amount and 10% of the initial shortfall. The differences with the data included in our July report
stem from those CoCos that were converted into capital as of end of June. In our July preliminary report, this
figure was classified as CoCos. Now, after the conversion. it is new equity.
11
22% of the recap amount and 33.6% of the initial shortfall.
12
RWA as at Sept 2011: €4,922bn. Deviations compared to our July report stem from deleveraging other than
state aid deleveraging figures, which were included under “Other mitigating measures” in our July report and are
now showed separately.

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 Recap amount - Disposal of assets and reduction in lending
measures

Other impacts on
RWA - Deleveraging
other than formally
agreed deleveraging
2%

Disposal of assets
Rest of measures 6% Formal deleveraging
91% or restructuring
plans agreed with
international and EU
organisations (EU
State aid
procedures).
1%

24. Disposals of assets had a positive impact on capital by €6.9bn, and led to a RWA reduction of
€77bn, or 1.6% of RWAs as at September 2011. Such disposals focused on a small number of
banks and mainly on non-core assets, especially US dollar denominated assets held outside the
EU, in relation to the drying-up of US dollar funding in the last part of 2011.

25. Both the measures related to deleveraging, and the disposal of assets, were broadly discussed in
the framework of colleges, where host supervisors had the opportunity to raise any concerns on
those measures having an impact on their own jurisdictions.

26. As stated on the EBA Recommendation, reductions in RWAs due to the validation, roll-out and
changes of internal models were only allowed as a means of addressing the capital shortfall in
those cases where changes had already been planned and were under consideration by the
competent authority.

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 Breakdown of "Other mitigating measures"

Changes to core T1 deductions:

Goodwill and other intangible assets
35%

Other impacts on RWA - Optimization

through extended collaterals by
borrowers
3%

Other impacts on RWA -

Changes on Reserves due to FX rates
Changes in RWA stemming
10%
from application of regulation
(CRD3 / Basel 2.5)
10%
Other impacts on RWA (trade book risk
deductions, downgrades, and others)
21%

Other impacts on capital

Changes to core T1 (consolidations impacts, like increase
deductions: Securitisations on minority interests, and others)
and Others 9%
12%

27. Finally, other mitigating measures have reduced the RWAs by €124.7.bn, 2.5% of RWAs at end
September 2011. These measures consist mainly of: reduction of the trading book risk,
improvement in collaterals and guarantees, and impacts stemming from the application of CRD
313.

28. The following chart shows the type of measures reported under “Other mitigating measures”, and
include both the capital and the RWA measures:

3.3 Backstops and asset quality assessments

In those cases where Governments have committed to supporting banks to meet the EBA
Recommendation, adherence to some common principles has been ensured.

29. Government commitments to provide public backstops to those banks that would otherwise not
comply with the Recommendation had to meet common principles. A written statement, detailing
the amount committed and drawing a clear timeline within 2012, was requested in order to show
the government’s willingness to underwrite the new issuance. Furthermore, the competent
National Supervisor should keep the EBA informed on the progress of the plans and on any
change or contingency in this respect.

13
More accurate estimations on the impact on RWAs of the implementation of CRD3 have led in some
cases to downward adjustments on the RWA figures.

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3.3.1 Backstops already implemented - Capital injected

30. By the end of June 2012, the recapitalization operations of three Portuguese banking groups
were concluded.

The Slovenian NOVA LJUBLJANSKA BANKA D.D. has reached the 9% target thanks to
government support, after an issuance of contingent convertible instruments underwritten and fully
paid by the Republic of Slovenia by the end of June 2012, amounting to €0.32bn.

3.3.2 Ongoing backstops

31. Banca Monte dei Paschi di Siena will be supported by the Italian government based on the
Decree-Law n. 87/2012 establishing a form of government support in order to cover the residual
shortfall of MPS according to the decisions of the European Council of 26th October 2011. The
decree law 87/92 was converted into law 135 on August, 7th. According to the law, the Ministry of
Economy and Finance (MEF) is authorised to underwrite MPS’s subordinated convertible
instruments eligible for CT1 capital up to an amount of €2bn by December 31. The Italian
authorities are in contact with the EU Commission so as to ensure compliance of the operation
with State aid rules.

32. Nova KBM d.d., another Slovenian bank, which was above the 9% target as of end of September
2011, subsequently experienced a shortfall due to the recognition of further credit risk
impairments. The bank has eventually submitted a detailed capital plan to the EBA in order to
meet the 9% target. The capital plan envisages an expected main scenario to be completed
before the end of December 2012. If this scenario does not materialise, the ultimate and eventual
recapitalisation by the Republic of Slovenia will take place, with a deadline of 31 December 2012.

3.3.3 Assets quality assessments

33. In Cyprus and Spain, in depth asset quality reviews are currently ongoing or starting where EU
funding may be required and in which the EBA has a specific role.

34. In the case of Cyprus, the banks in the sample, Cyprus Popular Bank and Bank of Cyprus, were
not able to reach the 9% CT1 target in the private market. In June 2012, the Cypriot authorities
announced their request for financial support from euro area Member States, through the
EFSF/ESM, and international support from the IMF, in the framework of a full assistance
programme. The programme will encompass measures to ensure the stability of the financial
sector, actions to carry out the fiscal adjustment to support the ongoing process of fiscal
consolidation and structural reforms.

35. After the announcement made by the Cypriot authorities, the Troika delegation, comprising the
EC, the ECB and the IMF, has visited the country. Preliminary discussions leading to a MoU have
already taken place and further discussions are expected during October in order to finalise and
sign the MoU.

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36. Under the EU/IMF programme, an asset quality review of the Cypriot banks will start very shortly,
including a stress test exercise, with the aim to determine the eventual capital needs of the banks.
The EBA is part of the steering committee of the assessment of Cypriot banks’ capital needs.

37. In the case of Spain, in June 2012 the Spanish Government requested external financial
assistance in the context of the ongoing restructuring and recapitalisation of the Spanish banking
sector. The assistance is sought under the terms of the Financial Assistance for the
Recapitalisation of Financial Institutions by the EFSF. On Friday 28 September 2012 the Spanish
Authorities published the results of the evaluation of the Spanish banking system's capital needs
on the basis of the stress tests performed under the sector's recapitalisation and restructuring
process (Stress Test Exercise), as envisaged in the Memorandum of Understanding agreed on 20
July 2012 by the Spanish and European authorities. An asset quality review was carried out as
part of the bank-by-bank stress test. The process further benefited from the oversight of the
European Commission, the European Central Bank, the European Banking Authority and the
International Monetary Fund.

38. The five Spanish banking groups involved in the EU 2011 Capital Exercise have been assessed in
the framework of the stress test exercise, with the following results: Banco Santander, BBVA and
Caja de Ahorros y Pensiones de Barcelona do not show additional capital needs under any
scenario. In the case of Bankia, additional capital needs for €24bn have been calculated. These
funds will shortly be injected into the bank through the EU ESFS/ESM mechanism. In the case of
Banco Popular, the Stress Test Exercise shows additional capital needs regarding the capacity of
the bank to absorb losses over the next three years under the adverse scenario. This bank, which
has strengthened its capital position by €2.5bn since September 2011 and now complies with the
EBA Recommendation, shows a surplus in the base scenario of the Spanish Stress Test Exercise
amounting to € 0.7bn. However, the shortfall identified under the adverse scenario is €3.2bn and,
according to the MoU, the bank will present a recapitalisation plan showing the measures they
intend to implement in order to cover the adverse shortfall.

4. Capital position of the banks participating in the capital

exercise as of end of June

39. The average CT1 ratio after accounting for the sovereign buffer of the 61 banks in the sample of
the capital exercise that have taken part in the data collection exercise as of 30 June increases to
10.7%, with the following breakdown:

■ The 27 banks with an initial shortfall report an average CT1 ratio of 9.7% after accounting
for the sovereign buffer.

■ The remaining 34 banks report an average CT1 of 11.5% after sovereign buffer.

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 40. As mentioned above, the 27 banks with an initial shortfall have strengthened their CT1 capital
positions by €115.7bn after the implementation of their capital plans. Furthermore, and as regards
the 34 banks involved in the capital exercise but that did not show any initial shortfall, their CT1
capital positions as of 30 of June 2012 were enhanced by €47bn, with the following breakdown:

Strengthening of CT1 capital position by banks with no initial shortfall

Capital impact of RWA

CT1 Evolution Core Tier 1 increase, 37
evolution, 10

0 5 10 15 20 25 30 35 40 45 50
Bn Eur

41. Finally, a capital amount of €18bn has been injected in the Greek banks involved in the sample
after the capital exercise, in the framework of the EU/IMF financial assistance programme.
Furthermore, in the case of Bankia, one the Spanish banks in the sample, the bank will receive an
injection of €24bn of capital in the framework of the EFSF financial assistance for the
recapitalisation of financial institutions programme.

5. Transition to the CRD IV/CRR

42. The EBA Recommendation, as part of a comprehensive suite of policy measures, was a
necessary step towards restoring confidence in the EU banking system. Moreover, as it was made
clear from the outset, this measure was not designed as a permanent shift in the regulatory
landscape and should not have a direct impact on the planned roll out of the new banking
regulations contained in CRDIV/CRR. The introduction of the CRDIV/CRR package in 2013 will
change the legal setting for assessing capital levels. Although the EBA’s definition of CT1 used in
the Recapitalisation exercise is very similar to the CRDIV/CRR definition, there are a number of
transitional arrangements which may differ.

43. To that end, when the CRDIV/CRR package is finally adopted, the 2011 Recommendation will be
replaced with a new Recommendation stating that the formal 9% level under the EBA definition of
capital be replaced with a requirement for banks to maintain a nominal amount of CT1 capital
corresponding to the amount identified of 9% as of June 2012 RWAs. The definition of capital will
be the EBA definition agreed for the 2011 stress test and Recapitalisation Recommendation.

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44. Banks in the sample would be required to conserve this amount of capital, which would be
monitored by consolidating supervisors, in conjunction with the EBA and within colleges of
supervisors, to ensure it is not used for dividend payments, variable compensation or for strategic
purposes.

45. In specific cases, consolidating supervisors may, after discussion in the relevant colleges and with
the EBA, allow banks to go below this level of capital, in order to use it as part of restructuring
plans and for specific de-risking programmes.

■ For example, sales of subsidiaries agreed as part of a restructuring plan would be

accompanied by a reduction in the need to hold capital against that subsidiary.

■ Similarly, supervisory prescribed measures to increase provisions against asset classes

may lead to a reduction in the nominal amount required, although at all times sufficient
capital to absorb potential future losses should be conserved.

46. As part of their ongoing work to monitor capital under Pillar 2, consolidating supervisors shall take
steps towards preserving capital to ensure i) a smooth convergence to the phased-in CRDIV/CRR
regulatory requirements; ii) that the existing volume of actual capital is conserved during the
phase-in.

47. Guidance will be provided by the EBA on the format of such capital plans and the method of
assessment.

48. Banks will be expected to refrain from using capital for strategic purposes or dividend payments
and variable remuneration unless they have agreed with their supervisors that such measures are
compatible with the compliance of CRDIV/CRR capital plans. Assessments of the viability and
progress of CRDIV/CRR capital plans should be coordinated at an EU level to ensure consistency
and thus should be shared and discussed within colleges and with the EBA.

49. In considering their viability, capital plans they should be assessed in normal and stressed
conditions. The EBA stress test exercises will ensure a coordinated and consistent oversight of
this process.

50. The sovereign buffer will be considered separately. If circumstances change, it could be
withdrawn.

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