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On October 29, 2014, the EBA published an Opinion on the prudential requirements for credit and investment institutions and exemption regime under the Capital Requirements Directive and Capital Requirements Regulation.
On October 29, 2014, the European Banking Authority
("EBA") published an Opinion on the prudential
requirements for credit and investment institutions and exemption
regime under the Capital Requirements Directive ("CRD")
and Capital Requirements Regulation ("CRR") (together
known as "CRD IV"). The Opinion deals mainly with issues
relating to waivers granted by national authorities, and whether
they are prudentially justified. The majority of waivers under CRD
IV were deemed to be justified, although the EBA states that their
use should be reviewed in future so as to take into account their
interactions with the recovery and resolution strategies of banks,
as well as the Bank Recovery and Resolution Directive which applies
from January 1, 2015, save for the bail-in provisions which must
apply from January 1, 2016 at the latest. The EBA recommends that
the European Commission consider whether the application of waivers
at member state level remains appropriate in light of the new
Banking Union.
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