In a swap contract with break clauses, basically with an enforceable option of early termination by one of the counterparties, which is the residual maturity to be considered for the application of the CVA capital charge in article 384 of CRR? The residual maturity of the original contract or the residual maturity for the break clause date?
The situation described in the question is regarding to a swap contract with an (enforceable) option of early termination by one of the counterparties and the residual maturity to consider when the capital requirements are calculated under the scope of Article 384 CRR.
This article (standardised approach for capital requirements calculation on CVA risk) has no explicit reference to this situation regarding to residual maturity neither links to other CRR articles with this information.
The treatment of a swap contract with option of early termination by one of the counterparties has no explicit reference in Article 384 Regulation (EU) No 575/2013 (CRR). In the light of this situation, institutions shall apply the residual maturity since this approach ensures the most prudent approach from regulatory perspective.
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.