EBA · 2020_5235 Final Q&A

National regulation contradicts with Directive 2013/36 - v8714

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
99
Topic
Supervisory reporting - COREP (incl. IP Losses)
Submitted by
Credit institution
Submitted
2020-05-08
Answered
2021-04-30
Answer provided by
ESAs (EBA, ESMA, EIOPA)
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Question

According to Fin-FSA and based on national regulation (Sijoituspalvelulaki 747/2012) the capital conservation buffer should not be applied to investment firms with personnel under 250 and balance sheet amount under 43 million. Validation rule v8714_m requires that this row (CA4_r750) is reported. How should the capital conservation buffer be reported in this case?

Background

According to Fin-FSA and based on national regulation (Sijoituspalvelulaki 747/2012) the capital conservation buffer should not be applied to investment firms with personnel under 250 and balance sheet amount under 43 million. Validation rule v8714_m requires that this row (CA4_r750) is reported.

Answer

According to article 129 (2) of Directive 2013/36/EU (CRD), a Member State may exempt small and medium-sized investment firms from the requirements set out in that paragraph if such an exemption does not threaten the stability of the financial system of that Member State. As notified by the FIN-FSA (Finland national competent authority) to EBA, this exemption has been exercised via the Act on Investment Firms 747/2012, and therefore, VR v8714_m shall not apply to Finnish investment firms classified as SMEs following article 129 (4) of CRD. VR v8714_m has a “warning” type of severity and will therefore remain as such to allow for the cases described in this Q&A.

Original source: European Banking Authority, Q&A ID 2020_5235

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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