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The CRR and the CRDIV, which together constitute the CRD IV Package were published in the Official Journal (OJ) of the European Union on 27 June 2013. The CRD IV Package sets out the legal framework for the prudential regulation and supervision of credit institutions.
Member States are required to adopt and publish the laws, regulations and administrative provisions necessary to comply with CRDIV. Credit institutions shall refer to the provisions in CRDIV which shall apply until such time local legislation transposing the latter comes into force.
The CRR is directly applicable in all Member States and does not require national transposition. With the exception of certain articles, the CRR is applicable as from 1 January 2014.
As a result of the above, Directive 2006/48/EC and Directive 2006/49/EC have been repealed with effect from 1 January 2014.
The CRDIV package will be complemented by well over 100 Binding Technical Standards (BTS) i.e. Regulatory/Implementing Technical Standards (R/ITS), Guidelines, Lists which will be drafted by EBA and issued by the EU Commission as (automatically binding) EU Regulations.
Since the CRR covers most of the provisions which were found in Banking Rules, a number of such Rules have either been repealed in their entirety, or amended to remove those provisions covered by the CRR which no longer need transposition. Amendments to Banking Rules have also taken place to transpose provisions found in the CRDIV.
The following are the Rules which have been repealed or updated:
- BR/02/2011 Large Exposures of Credit Institutions authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
- BR/03/2012 Own Funds of Credit Institutions Authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
- BR/04/2013 Capital Requirements of Credit Institutions Authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
- BR/07/2014 Publication of Annual Report and Audited Financial Statements of Credit Institutions Authorised under the Banking Act 1994 (partly repealed by relevant CRR provisions)
- BR/08/2012 Capital Adequacy of Credit Institutions Authorised Under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
- BR/09/2013 Measures Addressing Credit Risks Arising from the Assessment of the Quality of Asset Portfolios of Credit Institutions Authorised under the Banking Act 1994 (updated by BR/09/2016)
- BR/10/2013 Supervision on a Consolidated Basis of Credit Institutions authorised under the Banking Act 1994 (repealed and replaced by relevant CRDIV and CRR provisions)
- BR/12/2014 The Supervisory Review Process Of Credit Institutions Authorised Under The Banking Act 1994 (partly repealed and replaced by relevant CRDIV provisions)
These rules may still be found under Rules applicable up to 31 December 2013.
The above does not preclude that other changes could be required to be effected. References to Directives 2006/48/EC and 2006/49/EC throughout the Banking Rules shall be construed as references to the CRDIV and to the CRR and shall be read in accordance with the correlation table set out in Annex II to the CRDIV and in Annex IV to the CRR.
Credit institutions are to refer to the relevant articles in the CRR, R/ITS and any other Guidelines or EU legislation that may be issued from time to time.
Since the introduction of the Single Supervisory Mechanism (SSM), all new authorisations, withdrawals, and changes to qualifying shareholding structures of credit institutions are jointly reviewed by the MFSA together with the participation of the ECB. Please follow this link bankingsupervision to access the ECBs AUT webpage for more details.