EBA · 2024_7228 Rejected question

Risk weighting attributed to gold in the form of a commodity

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
4, para. 1
Topic
Credit risk
Submitted by
Law firm
Submitted
2024-10-25

Question

Is the definition of “gold bullion”, as amended by Regulation (EU) 2024/1623, more restrictive than the definition previously set forth in the Regulation (EU) No 575/2013 (CRR), or this new definition shall be interpreted applying the clarification provided by the EBA in the Q&A 2016_3011?

Background

Regulation (EU) 2024/1623 has recently amended the CRR, by including – inter alia - the new definition of "gold bullion" under Article 4(1)(60(a)), and such new provisions will be effective starting from 1 st January 2025. The new definition of gold bullion provides that:  <<(60a) “gold bullion” means gold in the form of a commodity, including gold bars, ingots and coins, commonly accepted by the bullion market, where liquid markets for bullion exist, and the value of which is determined by the value of the gold content, defined by purity and mass, rather than by its interest to numismatists;>> This definition recalls the previous interpretation provided by EBA regarding the concept of "gold bullion coins" as set forth under Q&A 2016_3011 where it was stated that:   << For the purposes of article 134 CRR gold bullion could include coins commonly accepted by the bullion markets, as the value of bullion is typically determined by the value of its gold content, which is defined by its purity and mass. Gold coins may be included provided that their value is determined as for other forms of gold such as bars and ingots, for which a liquid market exists. This excludes coins valued on the basis of their numismatic interest rather than their gold content, which means that only coins sold at a price which does not exceed the open market value of the gold contained in the coins may receive a 0% RW>> .
No answer published yet.

Original source: European Banking Authority, Q&A ID 2024_7228

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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