Question ID: 406
Regulation Reference: Guidelines on classification of own funds
Article: 82
Status: Final
Date of submission: 31 Jul 2015
Question
Does the 20% limit in article 82(3) of the delegated regulation and Guideline 20 paragraph 1.76(b) refer to the amount of eligible or available Tier 1 items?
EIOPA answer
Both of the limits mentioned in Article 82(3) refer to eligible Tier 1 not available Tier 1.
Eligible Tier 1 own funds can have no more than 20 % of the items referred to in points (a) to (d) of Article 82(3) of Commission Delegated Regulation 2015/35 (restricted own fund items). This is provided for in Article 82(3) where it states ‘within the limits referred to in point (a) of paragraph 1and point (a) of paragraph 2’, since both these paragraphs refer to the eligible amount of Tier 1 items.