EBA · 2015_2071 Final Q&A

Definition of branches of institutions that are established outside the Union

Regulation
Directive 2014/59/EU (BRRD)
Article
1, para. 1
Topic
Other topics
Submitted by
Competent authority
Submitted
2015-06-29
Answered
2015-07-24
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

How should “branches of institutions that are established outside the Union […]” in Article 1 (1) (e) be interpreted?

Background

According to Article (1) (1) (e) of Directive 2014/59/EU (BRRD), the provisions of the BRRD apply to “branches of institutions that are established outside the Union […]”. This text does not appear to establish whether it is “institutions” that are established outside the Union” or it is “branches” that are established outside the Union.

Answer

For the purposes of clarity Article (1) (1) (e) of Directive 2014/59/EU (BRRD) should be interpreted as meaning branches operating within the Union of Institutions established outside of the Union. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General 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 2015_2071

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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