EBA · 2014_1056 Final Q&A

Definition of independent valuer referred to in Article 229(1) of Regulation (EU) No 575/2013 (CRR)

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
229, para. 1
Topic
Credit risk
Submitted by
Individual
Submitted
2014-04-08
Answered
2014-10-03
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

1. What is a definition of independent valuer referred to in Article 229(1)? 2. Whether the definition of independent valuer referred to in Article 229(1) is specified in Article 208(3)(b)? 3. Whether independent valuer is defined as a person who possesses the necessary qualifications, ability and experience to execute a valuation and who is independent from the credit decision process? 4. Whether the Regulation (EU) No 575/2013 (CRR) imposes additional obligations than those indicated in Article 208(3)(b) on a person who execute valuation as independent valuer? 5. Whether an independent valuer referred to in Article 229(1) may be an employee of the bank? 6. Whether CRR excludes the possibility of valuing the property for the purposes of Article 229(1) by employees of the bank?

Background

According to the Article 125(2)(c) of Regulation (EU) No 575/2013 (CRR) Institutions shall consider an exposure or any part of an exposure as fully and completely secured for the purposes of paragraph 1 if the requirements set out in Article 208 and the valuation rules set out in Article 229(1) are met. According to Article 229(1) of CRR For immovable property collateral, the collateral shall be valued by an independent valuer (...) The only provision in CRR where independent valuer is mentioned is Article 208(3)(b) which states that review is carried out by a valuer who possesses the necessary qualifications, ability and experience to execute a valuation and who is independent from the credit decision process.

Answer

In accordance with Article 208(3)(b) of Regulation (EU) No 575/2013 (CRR), the review of an immovable property collateral has to be carried out by a valuer who possesses the necessary qualifications, ability and experience to execute a valuation and who is independent from the credit decision process. As long as an employee of the bank meets all the aforementioned conditions, he/she can be considered as an independent valuer for the purposes of Article 229(1). 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 2014_1056

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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