OSII capital buffer

The current text of Article 131(8) CRD is clearly stating that "[…] where an O-SII is a subsidiary of either a G-SII or an O-SII which is an EU parent institution[…]" without any further reference to an EU parent financial holding company or an EU parent mixed financial company. Therefore, considering the present legislative text, it cannot be concluded that Article 131(8) CRD applies to O-SIIs which are subsidiaries of an EU parent financial holding company as proposed by the submitter. For further reference about the applicable buffer, please see also Q&A 2309 . 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.