1. By way of derogation from Article 35, during the period from 1 January 2014 to 31 December 2017 institutions shall include in the calculation of their Common Equity Tier 1 items only the applicable percentage of unrealised losses related to assets or liabilities measured at fair value, and reported on the balance sheet, excluding those referred to in Article 33 and all other unrealised losses reported as part of the profit and loss account.
2. The applicable percentage for the purposes of paragraph 1 shall fall within following ranges:
(a) 20 % to 100 % during the period from 1 January 2014 to 31 December 2014;
(b) 40 % to 100 % during the period from 1 January 2015 to 31 December 2015;
(c) 60 % to 100 % during the period from 1 January 2016 to 31 December 2016; and
(d) 80 % to 100 % for the period from 1 January 2017 to 31 December 2017.
By way of derogation from paragraph 1, the competent authorities may, in cases where such treatment was applied before 1 January 2014, allow institutions not to include in any element of own funds unrealised gains or losses on exposures to central governments classified in the ‘Available for Sale’ category of EU-endorsed IAS 39.
The treatment set out in the second subparagraph shall be applied until the Commission has adopted a regulation on the basis of Regulation (EC) No 1606/2002 endorsing the International Financial Reporting Standard replacing IAS 39.
3. Competent authorities shall determine and publish the applicable percentage in the ranges specified in points (a) to (d) of paragraph 2;