Significance of the term ‘without prejudice’ in Article 86 of Regulation (EU) No 575/2013 (CRR)

The term 'without prejudice' only clarifies that, in the application of Article 84(5) or Article 84(6) of Regulation (EU) No 575/2013 for the calculation of minority interests included in consolidated Common Equity Tier 1 (CET1) capital, it is the total amount of minority interests recognised in consolidated CET1 capital by application of Article 84(5) or Article 84(6) which has to be subtracted from the qualifying Tier 1 capital of the subsidiary included in consolidated Additional Tier 1 (AT1) capital. As there is no special treatment for cross-guarantee schemes concerning the calculation of qualifying AT1 (Article 85) or qualifying Tier 2 (Article 87) capital to be included in consolidated capital, the waivers of Article 84(5) and Article 84(6) cannot be applied by analogy to AT1 or Tier 2 instruments.   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.