- Question ID
-
2013_292
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Liquidity risk
- Article
-
416
- Paragraph
-
6
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
na
- Name of institution / submitter
-
European Banking Federation
- Country of incorporation / residence
-
Belgium
- Type of submitter
-
Industry association
- Subject matter
-
CIUs
- Question
-
Where an institution consists of a parent bank and two subsidiaries does the EUR 500 million cap on CIUs apply to consolidated group or can it apply to each of the legal entities? In the latter case this would imply the consolidated group could count up to EUR 1500 million CIU.
- Background on the question
-
NA
- Submission date
- Final publishing date
-
- Final answer
-
As from 1 October 2015, Article 15(1) of the Commission Delegated Regulation (EU) 2015/61 provides that the limit on the absolute amount of EUR 500 million (or equivalent amount in domestic currency) for CIUs applies to each credit institution on an individual basis. Article 2(3) of this Regulation and Article 11(1) of Regulation (EU) No 575/2013 (CRR) require the application of liquidity rules on a consolidated basis. Therefore, this limit would apply individually in respect of each institution in a consolidated group.
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.
- Status
-
Final Q&A
- Answer prepared by
-
Answer prepared by the European Commission because it is a matter of interpretation of Union law.
- Note to Q&A
-
Update 26.03.2021: This Q&A has not yet been reviewed by the European Commission in the light of the changes introduced to Regulation (EU) No 575/2013 (CRR).
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.