Article 422(4) second subparagraph of Regulation (EU) No 575/2013 (CRR) states that, pending a uniform definition on an established operational relationship, institutions shall themselves establish the criteria to identify an established operational relationship for which they have a evidence that the client is unable to draw amount legally due over 30 days without compromising their operational functioning. The institution shall report these criteria to the competent authority. In the absence of a uniform definition competent authorities may provide general guidance.

Notwithstanding the above mentioned article and any guidance provided by competent authorities in the absence of a uniform definition, for deposits under Article 422(3)(a) and (d), institutions can provide different forms of evidence that a client cannot withdraw deposited amount. These could include, for example, the following elements:

• minimum end of day credit balance which has been proved to be stable over time;
• deposits are by-products of the underlying services provided by the banking organization and not sought out in the wholesale market in the sole interest of offering interest income;
• deposits are held in specifically designated accounts and priced without giving an economic incentive to the customer (not limited to paying market interest rates) to leave any excess funds on these accounts.

As regards reporting of deposits from financials, it should be noted that while Article 509(2)(k) is clearly focused on established operational relationships with non-financial customers, Article 422(3)(c) refers to operational deposits that have to be maintained by the depositor in the context of an established operational relationship other than those reported in accordance with Article 422(3)(a), and as such, operational deposits from financial customers are not excluded from being reported in accordance with Article 422(3)(c).