Scope of application of EBA guidelines on loan origination and monitoring

The guidelines in their entirety apply to institutions as defined in point 3 of Article 4(1) of Regulation (EU) No 575/2013 (CRR) in accordance with paragraph 6 of the Guidelines, which means credit institutions authorised under Article 8 of Directive 2013/36/EU (CRD) or undertakings as referred to in Article 8a(3) of that Directive. The latter concern investment firms, which qualify as credit institutions for CRD and CRR purposes in accordance with Article 4 (1)(1)(b) of CRR. In addition, Section 5 of the Guidelines (Loan origination procedures),excluding paragraph 93, applies to: creditors as defined in Article 4(2) of Directive 2014/17/EU (Mortgage Credit Directive, MCD), and creditors as defined in Article 3(b) of Directive 2008/48/EC (the Consumer Credit Directive, CDD), and only if the loan/credit agreement falls under the scope of MCD and CCD respectively, as set out in paragraph 6 of the Guidelines. As set out in paragraph 10 of the Guidelines competent authorities may also choose to apply Sections 6 and 7 to creditors that fall under the scope of MCD and CCD and that are not credit institutions. Therefore, in case of an undertaking, that is not an institution, and that is creditor of a consumer credit agreement not falling under CCD or MCD scope, the guidelines do not apply.