S.I. No. 84 of 2003

Regulations

entitled

European Communities (Credit Institution: Accounts) (Amendment) Regulations 2003

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving further effect to Council Directives 86/635/EEC of 8 December 1986¹ and 89/117/EEC of 13 February 1989² hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Credit Institutions: Accounts) (Amendment) Regulations 2003.

2.        Part IV (Interpretation) of the Schedule to the European Communities (Credit Institutions: Accounts) Regulations 1992 ( S.I. No. 294 of 1992 ) is amended by deleting the definition of “Banking activities”.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

As originally drafted (in S.I. 294 of 1992), the definition of “banking activities” has resulted in credit institutions having to include all income from a trading book in the interest income line in the profit and loss account. This can lead to an inaccurate representation of a credit institution’s performance.

The amendment effected by this Regulation allows credit institutions to include, in their accounts, interest from trading activities either in the institution’s net interest line, or in its dealing profits line.

¹ O.J. No. L372 of 31/12/1986

² O.J. No. L44 of 16/2/1989