There are two paragraphs in Article 382 CRR granting exemptions from the own funds requirements for CVA risk. Transactions with a qualifying central counterparty are, according to Article 382 paragraph 3 CRR, excluded from the own funds requirements for CVA risk. Further exemptions are laid out in Article 382 paragraph 4. EBA proposes to prioritise one exemption over the others by excluding transactions as described in Article 382 Paragraph 3 from the scope of derivative transactions to be included in the calculation of hypothetical own funds requirements for CVA risk and including transaction as listed in Article 382 Paragraph 4. This is clearly beyond EBA’s responsibility and remit.