EBA flags to the EU Commission elements of the definition of credit institution and aspects of the scope of authorisation

18 September 2020

The European Banking Authority (EBA) published today an Opinion addressed to the European Commission to raise awareness as to the opportunity to clarify certain issues relating to the definition of credit institution in the upcoming review of the Capital Requirements Regulation (CRR) and Capital Requirements Directive (CRD). Such clarifications would be beneficial to the development of a truly uniform Single Rulebook and ultimately to a deeper market integration of banking and financial services across the EU.

Aspects that would benefit from clarification are the notions of “deposits”, “other repayable funds” and “from the public”. These issues had already been analysed and brought to the European Commission’s attention by the EBA in previous Reports and related Opinions.

Today’s Opinion raises two additional points relating to a) divergent approaches as to the scope of the authorisation; and b) the kind and extent to which commercial activities may be carried out by credit institutions.

In this Opinion, the EBA also recommends that changes to the regulatory perimeter be accompanied by an impact assessment and stands ready to provide assistance to the Commission, if needed.

 

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