- Question ID
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2014_1552
- Legal act
- Directive 2013/36/EU (CRD)
- Topic
- Other issues
- Article
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Annex I
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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Not applicable
- Name of institution / submitter
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The Croatian National Bank
- Country of incorporation / residence
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Croatia
- Type of submitter
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Competent authority
- Subject matter
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Activities subject to mutual recognition
- Question
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What trading activities of credit institutions listed in Annex I of the CRD IV which are subject to mutual recognition, do gold, precious metals and other commodities trading activities of credit institutions, other than trading with derivative instruments on gold, precious metals and other commodities as underlying, belong to?
- Background on the question
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It is not clear what activities subject to mutual recognition listed in Annex I of the CRD IV does commodities trading activity of credit institutions belong to, and consequently whether commodity trading activity of credit institutions is an activitiy that is subject to mutual recognition within the EU or whether it is an activity which falls within the competence of national authorities of the Member States. Annex I of the CRD IV in point 7(d) refers to trading activity of credit institution for own account and for account of customers in exchange and interest rate instruments, but it is unclear what "exchange instruments" are. The question is whether the term "exchange instruments" refers only to exchange traded derivatives or whether it also includes commodity. If commodities are not included in the term "exchange instruments", then commodity trading does not fall within the scope of Annex I of the CRD IV. Namely, in our understanding of the final reference of Annex I of the CRD IV related to the definition of financial instruments provided for in section C of Annex I of Directive 2004/39/EC (MiFiD), does not include commodity trading but just trading in derivative contracts relating to commodities regardless of the fact whether such contracts are settled in cash or physically settled.
- Submission date
- Rejected publishing date
-
- Rationale for rejection
-
Please note that as part of adjustments to the Single Rulebook Q&A process, agreed by the EBA and the European Commission, it has been decided to reject outstanding questions submitted before 1 January 2020, when the Q&A process was updated as part of the last ESAs Review. In particular, the question that you have submitted has now regrettably been rejected and will not be addressed.
If you believe your question would still benefit from clarification, you are invited to resubmit your question, adapting it to reflect any legislative, regulatory or other relevant developments that may have occurred since the initial date of submission. The EBA will aim to address resubmitted questions as a matter of priority. When considering to resubmit, you are kindly requested to observe the updated admissibility criteria agreed in the context of the adjustment of the Q&A process, available in the Additional background and guidance for asking questions. We hope for your understanding.
For further information please refer to the press release and the updated Q&A page.
- Status
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Rejected question