On 15 September 2021, the European Banking Authority (EBA) published a final report containing guidelines specifying the criteria to assess the exceptional cases when institutions exceed the large exposure limits and the time and measures to return to compliance. The guidelines have been developed in accordance with the mandate contained in Article 396(3) of the Capital Requirements Regulation (CRR) requiring the EBA to issue guidelines that specify how Member State competent authorities may determine:

• The exceptional cases referred to in paragraph 1 of Article 396 of the CRR.
• The time considered appropriate for returning to compliance.
• The measures to be taken to ensure the timely return to compliance of the institution.

The guidelines apply from 1 January 2022.