On 28 May 2026, the European Commission adopted a Delegated Regulation supplementing the Capital Requirements Regulation (CRR) with regard to regulatory technical standards (RTS) specifying operational risk requirements.
The CRR 3 includes amendments to the operational risk area, where a revised framework is introduced and all previously existing approaches for the calculation of regulatory capital are replaced by the business indicator component (BIC). The BIC is based on a business indicator, which measures an institution’s volume of business. The business indicator is a financial statement-based proxy for operational risk. Only the items representing recurrent banking business operations in an institution’s profit and loss statement, or balance sheet statement should be included within this indicator.
The RTS:
- Specify the components of the business indicator by detailing a list of items and the elements to be excluded from the business indicator.
- Specify how institutions are to determine the adjustments to the business indicator following mergers, acquisitions and disposals, the conditions according to which Member State competent authorities may grant the permission to adjust the business indicator following disposals and the timing of the adjustments post-disposals.
- Establish a risk taxonomy on operational risk and a methodology to classify the loss events included in the loss data set by developing a list of operational risk loss events and providing guidance on the classification of rapidly recovered losses and losses from legal proceedings.
- Specify the conditions under which the calculation of the annual operational risk loss should be deemed unduly burdensome for institutions the business indicator of which is equal to or exceeding EUR 750 million and not exceeding EUR 1 billion
- Specify how institutions are to determine the adjustments to their loss data set following the inclusion of losses from merged or acquired entities or activities.
Next steps
The Delegated Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.