Article 135

Capital Requirements Directive (CRD) > TITLE VII > CHAPTER 4 > Section II > Article 135
Article 135
ESRB guidance on setting countercyclical buffer rates
Main content: 
1. The ESRB may give, by way of recommendations in accordance with Article 16 of Regulation (EU) No 1092/2010, guidance to authorities designated by Member States under Article 136(1) on setting countercyclical buffer rates, including the following:
(a) principles to guide designated authorities when exercising their judgment as to the appropriate countercyclical buffer rate, ensure that authorities adopt a sound approach to relevant macro-economic cycles and promote sound and consistent decision-making across Member States;
(b) general guidance on:
(i) the measurement and calculation of the deviation from long term trends of ratios of credit to gross domestic product (GDP);
(ii) the calculation of buffer guides required by Article 136(2);
(c) guidance on variables that indicate the build-up of system- wide risk associated with periods of excessive credit growth in a financial system, in particular the relevant credit-to-GDP ratio and its deviation from the long-term trend, and on other relevant factors, including the treatment of economic developments within individual sectors of the economy, that should inform the decisions of designated authorities on the appropriate countercyclical buffer rate under Article 136;
(d) guidance on variables, including qualitative criteria, that indicate that the buffer should be maintained, reduced or fully released.
2. Where it issues a recommendation under paragraph 1, the ESRB shall duly take into account the differences between Member States and in particular the specificities of Member States with small and open economies.
3. Where it has issued a recommendation under paragraph 1, the ESRB shall keep it under review and update it, where necessary, in the light of experience of setting buffers under this Directive or of developments in internationally agreed practices.