DNB Factsheet on Application of Options and Discretions in EU Banking Regulations

Factsheet

Read aloud

The European banking regulations (CRD, CRR, LCR, DR) contain several provisions that give supervisory authorities discretionary leeway in interpreting and applying regulatory requirements. This factsheet explains how DNB deals with these options and discretions.

Published: 26 April 2017

Options and discretions applied generically

With regard to a number of options and discretions, DNB has opted for generic application. This generic application is laid down in the Regulation on specific provisions of the CRD and the CRR . When exercising these options and discretions, DNB observes the ECB Guidelines where relevant (Guideline (EU) 2022/508 and Guideline (EU) 2017/697 of the European Central Bank).

The chapters of the Regulation on specific provisions of the CRD and the CRR have varying scopes of application. Chapter 2 contains provisions relating to options and discretions of a macro-prudential nature and applies to all banks with registered offices in the Netherlands. Chapter 3 contains provisions relating to options and discretions of a micro-prudential nature and applies only to less significant institutions (LSIs) with registered offices in the Netherlands.

Options and discretions applied on a case-by-case basis

A relatively large number of options and discretions are not suitable for generic application. DNB therefore decides on a case-by-case basis whether or not to apply these options and discretions. In doing so, DNB observes the ECB's recommendations (Recommendation (EU) 2022/13 and Recommendation (EU) 2017/10 of the European Central Bank). Specifically, this means that DNB observes the ECB Guide on options and discretions available in Union law when applying options and discretions on a case-by-case basis.

Base law

Art. 1:29a Wft (Refers to an external site)

Art. 6 Uitvoeringsregeling Wft (Refers to an external site)

Related websites

ECB Regulation (EU) 2016/445 (for SIs) (Refers to an external site)

Guideline ECB/2017/9 (for LSIs) (Refers to an external site)

Recommendation ECB/2017/10 (for LSIs) (Refers to an external site)

Discover related articles

Factsheet

Banks

Share:

Share on LinkedIn

Share on X

Share on Facebook

Share via Email

Interesting articles

Prudential rules do not hinder bank financing for EU priorities

17 July 2026

News item supervision

Europe faces historic investment challenges, in which banks will play an important financing role. Prudential requirements strengthen banks’ resilience, without posing a major obstacle to their financing. Unlocking more private finance requires better risk-sharing and deeper financial integration.

Read more Prudential rules do not hinder bank financing for EU priorities

News item supervision

17 July 2026

DNB Inhouse Day for the Dutch banking sector: financial crime supervision

16 July 2026

News item supervision

Following last year’s successful event, De Nederlandsche Bank (DNB) will again host an Inhouse Day for AML/CFT professionals in the Dutch banking sector. The event is designed to encourage dialogue and provide further insight into DNB’s AML/CFT supervision.

Read more DNB Inhouse Day for the Dutch banking sector: financial crime supervision

News item supervision

16 July 2026

Fine for ABN AMRO Bank N.V. for inadequate customer due diligence for high-risk customers

09 July 2026

Enforcement measures

De Nederlandsche Bank (DNB) imposed an administrative fine of €8.5 million on ABN AMRO Bank N.V. (ABN AMRO) on 6 July 2026 due to serious shortcomings in its anti-money laundering controls in the period from September 2023 through September 2024.

Read more Fine for ABN AMRO Bank N.V. for inadequate customer due diligence for high-risk customers

Enforcement measures

09 July 2026

De Nederlandsche Bank publishes ‘Integrity Supervision in Focus 2026’

25 June 2026

News item supervision

In the third edition of ‘Integrity Supervision in Focus’ (ISF), we share the key insights from our integrity supervision.

Read more De Nederlandsche Bank publishes ‘Integrity Supervision in Focus 2026’

News item supervision

25 June 2026

Necessary cookies

To ensure the proper operation of the website, De Nederlandsche Bank (DNB) uses functional cookies and analytics cookies, and has taken measures to ensure that these cookies have little or no impact on the privacy of website users.

Optional cookies

Some pages include embedded content from external websites. These websites may use proprietary (tracking) cookies. This allows third parties to track visitor statistics, show personalised content and display targeted ads, for example.

You can make your choice about allowing these optional cookies both when you first visit the website and when you navigate to a page with embedded content.