Definition of threshold

EBA Q&A 2013_289 · Final Q&A

Question

Definition of threshold. Should bonds be considered in the calculation of the 1mln/€ threshold?

Background on the question

NA

Answer

As from 1 October 2015, bonds treated as retail deposits in accordance with the provisions of Article 28 (6) of COMMISSION DELEGATED REGULATION (EU) 2015/61 should be included for the purposes of the application of the threshold of EUR 1 million in Article 411 (2) of Regulation (EU) No 575/2013 and in Article 3 (8) of COMMISSION DELEGATED REGULATION (EU) 2015/61. Bonds not treated as retail deposits should be disregarded for the purposes of the application of the threshold of EUR 1 million. 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.

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