Prohibition of privileged access to financial institutions

This regulation specifies the types of acts concerned by the prohibition of measures establishing privileged access.


Council Regulation (EC) No 3604/93 of 13 December 1993 specifying definitions for the application of the prohibition of privileged access referred to in Article 104a of the Treaty [Official Journal L 332 of 31.12.1993].


"Measure establishing privileged access" means any binding measure adopted in the exercise of public authority which:

Privileged access is not regarded as being established by those measures which give rise to:

"Prudential considerations" are those designed to promote the soundness of financial institutions so as to strengthen the stability of the financial system as a whole and the protection of the customers of those institutions.

"Public undertaking" means any undertaking over which the State or other regional or local authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein or the rules which govern it.

The following institutions do not form part of the financial institutions covered by the Regulation:

This Regulation refers to the former numeration of the Articles before the entry into force of the Treaty of Amsterdam, which introduced a new system of numbering. Article 104 A is from now on Article 102 of the EC Treaty.



Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 3604/93



OJ L 332 of 31.12.1993

Last updated: 08.08.2005