Question
1. Please advise whether Russian Credit Institutions are to be treated as an "Institution" or ‘Corporate client’, considering Article 107, paragraph 3 definition: "For the purposes of this Regulation, exposures to third- country investment firms and exposures to third country credit institutions and exposures to third country clearing houses and exchanges shall be treated as exposures to an institution only if the third country applies prudential and supervisory requirements to that entity that are at least equivalent to those applied in the Union." 2. Does definition of an "Institution" in Article 107(3) definition only refer to the capital requirement for credit risk?
Background on the question
CAPITAL REQUIREMENTS FOR CREDIT RISK
Answer
1. In accordance with Article 107 CRR, in the absence of a Commission Implementing Act granting equivalence to Russia's supervisory and regulatory arrangements, exposures to Russian institutions shall be treated as exposures to corporates (Article 122 CRR). 2. Article 107 CRR captures capital requirements for credit risks only. The definition of "institution" can be found in Article 4(1)(3) CRR. 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.