Recital 5

(5)Regulation (EU) No 575/2013 of the European Parliament and of the Council ⁷ forms, together with Directive 2013/36/EU of the European Parliament and of the Council ⁸ , the legal framework governing the prudential rules for credit institutions and investment firms (referred to collectively as ‘institutions’). Regulation (EU) No 575/2013 contains, inter alia, provisions directly applicable to institutions for determining their own funds. It is therefore necessary to complement the existing prudential rules in Regulation (EU) No 575/2013 relating to own funds with provisions requiring a deduction from own funds where NPEs are not sufficiently covered by provisions or other adjustments. Such requirement would effectively amount to creating a prudential backstop for NPEs that would apply uniformly to all institutions in the Union, and would also cover institutions which are active on the secondary market.