EBA · 2014_1184 Final Q&A

C06.00 - Group Solvency : Information on affiliates (GS) template column 030 and column 070 to 240

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
99
Topic
Supervisory reporting - COREP (incl. IP Losses)
Submitted by
Credit institution
Submitted
2014-05-13
Answered
2016-01-29
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Is the ‘YES/NO’ classification required for column 030 only relevant for purposes of identifying eligible minority interest?

Background

Template instructions are unclear as to what is meant by ‘provisions at least equivalent to Basel provisions’ and how to read this in conjunction with the reference to minority interests Article 81(1) point (a) (ii) and 82 point (a) (ii). This is because equivalence is not defined and a subsidiary outside the EU that is not an institution would not meet the criteria of the Articles 81 and 82 of the CRR for eligible Minority interest / qualifying own funds but could still be subject to solvency requirements and hence expected to be included in columns 070 to 240. Given the ITS instructions we have assumed the following, can you please confirm this is correct? The YES/NO’ classification is relevant only for purposes of identifying eligible minority interest as such: YES – if the entity meets the following conditions under CRR Article 81 and 82 1. Entity is an institution by definition; or 2. Entity is required to comply with the requirements of CRR (EU 575/2013) and CRD IV (EU 36/2013) under national law. AND 3. The subsidiary is fully consolidated. NO – for any entity not included above. Notwithstanding, columns 070 to 240 are required to be filled in for all entities subject to solvency requirements, not limited to those of CRR and CRD IV.

Answer

According to Annex II, Part II, chapter 2.5 of Regulation (EU) No. 680/2014 (ITS on Reporting), relevant entities shall report “YES” in column 030 of template C 06.02 (Annex I) if “ the entity is subject to own funds requirements according to CRD or provisions at least equivalent to Basel provisions ”. Therefore, the scope is broader than the one provided for in Article 81(1)(a)(ii) and in Article 82(1)(a)(ii) of Regulation (EU) No 575/2013 (CRR) that only refer to fully consolidated “ undertakings subject by virtue of applicable national law to the requirements of CRR and Directive 2013/36/EU ”. The reference made to Articles 81 and 82 of CRR aims at providing clarification for that particular subset of subsidiaries subject to those provisions. The reference to Basel provisions (i.e. the Basel banking supervision framework) is made to capture entities located in a third country to which supervisory and regulatory arrangements at least equivalent to those applied in the Union apply. Therefore, with regard to columns 070 to 240, figures shall be reported by any entity subject to solvency requirements.

Original source: European Banking Authority, Q&A ID 2014_1184

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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