· The ongoing review of the continuing appropriateness of the models in use shall be conducted within the Pillar 2 framework The framework for supervisory cooperation should follow the steps outlined above.
Principle 6: Validation processes and outcomes should be subject to independent review
4. Supervisor’s assessment of the application concerning the minimum requirements of the CRD – Operational risk
4.1. Partial use combinations
4.2.3. Relevant indicator: threeyear average
485. The calculation of the capital charge for operational risk under the BIA, TSA, or ASA in accordance with Annex X, Part 2, Paragraph 1 of the CRD is based on the threeyear average of the relevant indicator. The threeyear average, while designed to reduce the volatility of the capital charge, may, in exceptional circumstances, such as recent acquisitions or disposals of entities or activities, lead to an over or underestimation of operational risk.
486. If an institution can satisfy its competent authority that – due to exceptional circumstances such as a major sale – using a threeyear average to calculating the relevant indicator would lead to a major overestimation of its current operational risk under Pillar I, the competent authority can allow the institutions to use a different calculation.
4.3. AMA
4.3.1. Rollout
487. The rollout issues for operational risk (Annex X, Part 4 of the CRD) are significantly different from those for credit risk. Annex X, Part 4, Section 1 sets out the rollout conditions for institutions that apply the most advanced technique (AMA), and Annex X, Part 4, Section 2 sets out the conditions for institutions that apply the less sophisticated approaches (BIA/TSA/ASA). When applying for permission to use the AMA, institutions should be expected to fulfil not only the main requirements of the CRD (Annex X, Part 4, Paragraph 1), but also two additional conditions (of Annex X, Part 4 Paragraph 2), which are discretions for the national supervisory authorities:
a) On the date of implementation of an AMA, a significant part of the institution’s operational risks has to be captured by the AMA; and
b) The institution makes a commitment to roll out the AMA across a material part of its operations within a time schedule agreed with its competent authorities.
488. Supervisory authorities are expected to apply these discretionary conditions in most cases. There could be cases where these additional conditions might not be imposed, but these should be exceptional. Once the two discretionary conditions are imposed, the significance of the operational risks captured by AMA and the materiality of the part of the operations captured by AMA will need to be assessed. The methods used
to conduct this assessment can be quantitative, qualitative, or a combination of the two. Regardless of the methods used by competent authorities, all operations should be captured by one of the operational risk methodologies.
489. The rollout policy should address at least two different issues: the time horizon and the rollout sequence.
· The rollout plan should have a definite time horizon. It should be short enough in order to avoid prolonging AMA applications unduly, and long enough to ensure the quality of governance, data, methodology, and output.
· The sequence in which operations are included in the AMA can be chosen by the institution, if agreed by the supervisor, starting, for example, with the riskier of the remaining operations.
490. Once a decision to grant AMA approval to a firm is taken, no further formal Article 129 process will be required as a result of rollout of the AMA. During the rollout period, however, supervisors will cooperate in the spirit of Article 129. As the AMA is rolled out, supervisors may want to satisfy themselves that the minimum standards of the CRD are being met with respect to the additional operations or additional operational risks covered by AMA rollout. To facilitate this process, institutions should complete a selfassessment against the minimum standards prior to rolling out the AMA to additional operations or additional risks. Supervisors will have three options, and will specify in the decision document which option or mixture of options is being used. Conditions may need to be attached to the decision in order to give effect to the option or options selected. The three options are:
1. Relying on normal supervisory activity to verify that minimum standards are met. Although formal prior notification requirements will not be introduced, other than the rollout plan, institutions will be expected to keep supervisors informed of plans and developments in their risk measurement and management practices. Although an ex ante assessment by supervisors will not be a formal requirement, supervisors may nevertheless choose to undertake an assessment of the operational risk measurement system in the period before the institution starts to use it for regulatory capital purposes.
2. Asking institutions to notify supervisors on a timely basis of their intention to roll out the AMA to additional operations or additional operational risks. As with (1), although an exante assessment by supervisors will not be a formal requirement, supervisors may nevertheless choose to undertake an assessment of the operational risk measurement system in the period before the institution starts to use it for regulatory capital purposes.
3. Asking institutions to notify supervisors on a timely basis of their intention to roll out the AMA to additional operations or additional operational risks, and perhaps requiring institutions to receive explicit permission before extending the use of the AMA. In this case, a prior
assessment by supervisors may be required before permission is granted.
491. Institutions should have systems and procedures that monitor in a timely and appropriate manner the consistency of the partial use combinations and the significance, materiality, and timeframe issues of the roll out plan.
492. Institutions should notify their competent supervisors in a timely fashion of any relevant changes in the organisational or business environment, due to either normal or exceptional circumstances (for example, a major acquisition or disposal or a major change in shareholders, management, or organisation), that could significantly impact on the institutions’ initial partialuse or rollout plans. The institutions should discuss with their supervisor or supervisors any changes to the roll out plan that may be needed.
493. A merger or an acquisition is considered an important event that is likely to call for modifying the institution’s partial use and rollout policies. Two situations can be distinguished: first, where an AMA institution acquires a nonAMA institution, and second, where a nonAMA institution acquires an AMA institution. In the first case, the AMA institution may be asked to submit a new Article 129 application with a new partial use and rollout policy for the supervisor’s analysis, or it may be asked to submit a plan for bringing the entire institution into compliance with the CRD. The second case is more difficult, since the acquiring institution does not have AMA permission and some requirements, such as senior management understanding, may not be met. The institution would normally be asked to make a new Article 129 application.
4.3.2. Use test
494. Annex X, Part 3, Paragraph 2 of the CRD requires the institution's internal operational risk measurement system to be closely integrated into its day today risk management process ('use test'). The use test for the AMA is not elaborated in the CRD to the same extent as the use test for the IRB approach.
495. The operational risk measurement system of an institution must have certain key elements. These elements must include the use of internal data, external data, scenario analysis, and factors reflecting the business environment and internal control systems (Annex X, Part 3, Paragraph 9 of the CRD).
496. The following section establishes a framework of four broad principles which industry would have to consider, at a minimum, in order to satisfy the use test. For each principle, typical examples of actions that could be undertaken are also provided. The examples illustrate ways to comply with the principles, and are not meant to be either binding or exhaustive.
Principles and examples
1. The purpose and use of the AMA should not be limited to regulatory