Question ID:
2013_233
Legal Act:
Regulation (EU) No 575/2013 as amended by Regulation (EU) 2019/876 – CRR2
Topic:
Other topics
Article:
4
Paragraph:
1
Subparagraph:
28
COM Delegated or Implementing Acts/RTS/ITS/GLs:
Not applicable
Article/Paragraph:
n.a.
Type of submitter:
Individual
Subject Matter:
Definition of term "member state"
Question:

Within Regulation (EU) No 575/2013 (CRR) there are several Articles using the term "member state" (e.g. Article 4 Paragraph 1 Subparagraph 28, 29, 30, 31, 32, 33, 40, 43, 44, 127 - Article 6 Paragraph 2 - Article 7 Paragraph 1 - ...). Unfortunately neither CRR nor Directive 2013/36/EU (CRD) contain a definition of the term "member state". Can you therefore please provide a definition of the term "member state" especially stressing whether this refers to the states of the European Union or to the states of the European Economic Area?

Background on the question:

This topic matters with respect to the scope of application of the CRR / CRD.

Date of submission:
11/09/2013
Published as Final Q&A:
26/09/2014
EBA Answer:

Regulation EU No 575/2013 (CRR) and Directive 2013/36/EU (CRD) are texts with EEA relevance so that the term "Member State" for the purpose of the CRR and the CRD include EEA countries as a matter of principle. 

DISCLAIMER:

This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Internal Market and Services) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Status:
Final Q&A