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26.4.2022

Official Journal of the European Union
L 123/1

II
Non-legislative acts
REGULATIONS
COMMISSION DELEGATED REGULATION EU 2022/676
of 3 December 2021
supplementing Regulation EU No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards specifying the conditions in accordance with which consolidation is to be carried out in the cases referred to in Article 183 to 6 and Article 188 of that Regulation Text with EEA relevance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation EU No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation EU No 648/2012 1, and in particular Article 189 thereof, Whereas:
1

Article 183 of Regulation EU No 575/2013 covers cases of prudential consolidation of groups of undertakings that are related within the meaning of Article 227 of Directive 2013/34/EU of the European Parliament and of the Council 2 where a parent-subsidiary relationship does not exist. In such cases, it is necessary to determine the entity at which level the requirements of Regulation EU No 575/2013 are to be applied on a consolidated basis. Moreover, in those cases, the most appropriate method of prudential consolidation should be the method set out in Article 228 and 9 of Directive 2013/34/EU aggregation method in line with the rules set out in that Directive.

2

In cases of participations in institutions or financial institutions managed by an undertaking included in the consolidation together with one or more undertakings not included in the consolidation, where proportional consolidation is required pursuant to Article 184 of Regulation EU No 575/2013, the unanimous consent of those undertakings concerning the decisions about the institutions or financial institutions relevant activities should be required for the application of the method of prudential consolidation set out in that provision in line with the definition of joint arrangement specified in the international accounting standards as applicable under Regulation EC No 1606/2002 of the European Parliament and of the Council 3.

3

Article 186, points a and b, of Regulation EU No 575/2013 refer to the supervisory requirements for prudential consolidation in the case of significant influence over one or more institutions or financial institutions but without participation or other capital ties, and in the case where those institutions or financial institutions are placed under single management other than pursuant to a contract, memorandum or articles of association, respectively. To determine whether a situation of significant influence exists, competent authorities should take into account several indicators of significant influence. Moreover, a situation of single management should only be determined where the competent authority has concrete evidence that there is an effective coordination of the financial and operating policies of such institutions or financial institutions.

1 OJ L 176, 27.6.2013, p. 1.
2 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC OJ L 182, 29.6.2013, p. 19.
3 Regulation EC No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards OJ L 243, 11.9.2002, p. 1.