Confirmation is sought on how non regulated entities shall be considered for intragroup transaction reporting.

Article 2(18) of Directive 2002/87/EC defines intra-group transactions as “all transactions by which regulated entities within a financial conglomerate rely directly or indirectly on other undertakings within the same group or on any natural or legal person linked to the undertakings within that group by close links, for the fulfilment of an obligation, whether or not contractual, and whether or not for payment”.

In accordance with this definition and for the application Commission Implementing Regulation (EU) 2022/2454, intragroup transactions to be reported are the transactions between two entities comprised in the scope of the supplementary supervision pursuant to article 5 of Directive 2002/87/EC where at least one of those entities is a regulated entity as defined under article 2(4) of Directive 2002/87/EC (i.e. a credit institution, an insurance undertaking, a reinsurance undertaking, an investment firm, an asset management company or an alternative investment fund manager).

In case where a regulated entity of the financial conglomerate is involved in a chain of transactions between two non-regulated entities, each transaction of that chain involving a regulated entity shall be considered as an intragroup transaction.