2013_49 Possibility to remove a Tier 1's call options to make the securities Tier 2 compliant

Question ID:: 2013_49
Legal Act:: Regulation (EU) No 575/2013 (CRR)
Topic:: Own funds
Article:: 489, 490
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:: Not applicable
Article/Paragraph:: N/A
Disclose name of institution / entity:: No
Type of submitter:: Credit institution
Subject Matter:: Possibility to remove a Tier 1's call options to make the securities Tier 2 compliant
Question:: Based on the answer to question 2013_16, if a step-up Tier 1 bond’s terms were changed (which had a call date in, say, 2016) so that all call options were removed, this could not prolong its grandfathering as Tier 1, if that were the sole rationale for removing the calls. However, if a removal of calls is to make the Tier 1 bonds count as eligible Tier 2 (as there is no call feature), then could they be reclassified as Tier 2?
Background on the question:: Extending question 2013_16 to the Tier 1 space.
Date of submission:: 08/07/2013
Published as Final Q&A:: 06/12/2013
Final Answer:: The removal of call options would be considered a material change in the terms and conditions of the instrument, therefore the treatment laid down in QA 2013_16 would apply.
Status:: Final Q&A
Answer prepared by:: Answer prepared by the EBA.
Note to Q&A:: Update 26.03.2021: This Q&A has been reviewed in the light of the changes introduced to Regulation (EU) No 575/2013 (CRR) and continues to be relevant.