EBA · 2013_469 Final Q&A

Equivalence of third country supervisory and regulatory arrangements to those applied in the Union

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
114, para. 7
Topic
Credit risk
Submitted by
Industry association
Submitted
2013-11-01
Answered
2017-02-10
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Who decides (after the transitional period, if applicable) which third countries apply supervisory and regulatory arrangements at least equivalent to those applied in the Union in case the Commission does not make use of its power to adopt, by way of implementing acts, and subject to the examination procedure referred to in Article 464(2), a decision as to whether a third country applies supervisory and regulatory arrangements at least equivalent to those applied in the Union? The same question occurs with regard to Articles 107(4), 115(4), 116(5), 132(3) and 142(2) CRR.

Background

Legal certainty and level playing field.

Answer

After 1 January 2015, only those countries for which a Commission decision is adopted in accordance with Article 464(2) can be considered equivalent for the purposes of Articles 107(4), 114(7), 115(4), 116(5), 132(3) and 142(2) CRR. As a result, only those countries and territories covered by the Commission Implementing Decision 2014/908/EU, as amended by Commission Implementing Decision 2016/2358/EU, can be considered equivalent for the purposes of the articles mentioned above. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Financial Stability, Financial services and Capital Markets Union) 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_469

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.

Similar Q&As

More Q&As on this topic

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.