EBA · 2013_192 Final Q&A

Definition of the words "on group basis"

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
411, para. 2
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2013-08-29
Answered
2014-09-26
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

What is the definition of the words “on a group basis” in Article 411 (2) of Regulation (EU) No 575/2013 (CRR)

Background

In the last draft-version from 27 April 2012 of the CRR the definition of ‘retail deposits’ related to SMEs was given by the applicable exposure class “where the aggregate liability to such clients or group of connected clients shall not exceed 1 million EUR”. This is in contrast to the final version where the definition of ‘retail deposits’ of SMEs additionally relates to the calculation of the exposure of a firm belonging to a group with consolidated total annual sales (or total assets, if more appropriate) of no more than EUR 50 million "where the aggregate deposits by all such enterprises on a group basis do not exceed EUR 1 million.“ The issue with this definition is in the words ‘on a group basis’ as this is not specified anywhere in the context. It might be assumed that a ‘group of connected clients’ (as defined in Article 4 par. 1 No. 39 CRR) is meant here but it appears to be a valid interpretation that reference is done to a ‘group of institutions’.

Answer

If a term is not defined in the Regulation, the Q&A instrument cannot be used to provide a formal, legal definition. Non-defined terms must be interpreted according to the general meaning of the terms used, together with other recognised interpretative methods, such as contextual interpretation and by identifying the objective of the concerned provisions. From the context, it is clear that group refers to parties making deposits and not to a group of reporting institutions. 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.

Original source: European Banking Authority, Q&A ID 2013_192

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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