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Q&As refer to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.

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List of Q&A's

Transaction with underlying assets: “distinct client” vs. “unknown client”

In the case of a transaction with underlying assets where an institution cannot identify the obligors and cannot ensure, by means of the transaction’s mandate, that the underlying exposures of the transaction are not connected with any other exposures in its portfolio, which is the correct procedure for the assignment of the exposures taking into account that a subset of underlying asset exceeds individually 0,25% of the institution’s eligible capital and the remaining underlying assets individually do not exceed that materiality threshold?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 1187/2014 - RTS for determining the overall exposure to a client or a group of connected clients in respect of transactions with underlying assets
  • ID: 2023_6903
  • Topic: Large exposures
  • Date of submission:
  • Published as final Q&A: 15/03/2024

FINREP - Validation rules EBA_v12089 on F18.0

When we sent our Finrep 2022-12, the warning EBA_v12089 was triggered on the ITS F18.00, line 0335

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6902
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Validations rules for the GAR - row 290 Housing financing in template 7

Validation rules v12728_m and v12727_m are not taking into account the row 290 Housing financing. Ultimately it means this row 290 is excluded from the Total GAR assets in row 320.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6901
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 27/03/2024

Validation rule eba_v09286_m

Relating the data entered in the upper part of template R04, the purpose of the v09286_m control is to verify that the total variable remuneration of all high earners is less than or equal to twice the total fixed remuneration by country and by pay bracket. The equation of the control is {r0100} <= 2 * {r0060}. However, the control does not take into account some points, including the following: -    The variable remuneration of {r0100} may include amounts awarded to high earners that are not identified staff; -    The severance payments included in the total variable remuneration of {r0100} amount may not be subject to the bonus cap mentioned above. Indeed, it is specified in the R04 template that the amounts relating additional information requested in the lower part of the report ({r0181} to {r0270}) should also be included in the total variable remuneration or in the total fixed remuneration of the upper part of the same template ({r0100} and {r0060} respectively). In that respect, variable and fixed remuneration of high earners that are not identified staff from {r0260} and {r0270} are included in {r0100} and {r0060} respectively, and severance payments from {r0200} awarded to high earners who are identified or not identified staff are included in {r0100}. As a consequence the equation {r0100} <= 2 * {r0060} may not be respected. Should the v09286_m control be disabled ?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6900
  • Topic: Remuneration
  • Date of submission:
  • Published as Rejected Q&A: 16/10/2023

Interaction between Qualified CCPs and Reporting C 07.00/C 08.00

Where should institutions report the values of all its trade exposures with QCCP? 

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
  • ID: 2023_6898
  • Topic: Supervisory reporting
  • Date of submission:
  • Published as Rejected Q&A: 23/02/2024

ITS ESG P3 - Template 2 - Should loan/collateral ratio (loan-to-value) be taken into account?

We have interpreted column a in Template 2 to be filled in with the gross carrying amount of the loan collateralized with commercial and residential immovable property and of repossessed real estate collaterals. What if the collateral value is less than the gross carrying amount of the loan? Should we in this case fill in the gross carrying amount of the loan or use the amount of the loan that is actually collateralized with commercial/residential immovable property in Template 2? 

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6897
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as final Q&A: 22/03/2024

Scope of Template 2 restricted to NFCs?

According to the Annex II (Instructions for disclosure of ESG risks) with the regard to Template 2: Banking book – Indicators of potential climate change transition risk: Loans collateralised by immovable property – Energy efficiency of the collateral: The Template should show the gross carrying amount, as referred to in Part 1 of Annex V to Implementing Regulation (EU) 2021/451, of loans collateralised with commercial and residential immovable property and of repossessed real estate collaterals. We do not see an explicit restriction to non-financial corporates as in Template 5, for example (Definition in Template 5: … Institutions shall disclose the gross carrying amount as defined in Part 1 of Annex V to Implementing Regulation (EU) 2021/451 of those exposures towards non-financial corporates (including loans and advances, debt securities and equity instruments), classified under the accounting portfolios in the banking book in accordance with that Implementing Regulation, excluding financial assets held for trading and held for sale assets.…) The “Annotated Table Layout 330-P1-ESG 3.3.xlsx” of EBA Reporting framework 3.3 in templates D 02.00.a and D 02.00.b restricts the scope of Template 2 to non-financial corporations with the Counterparty sector field. In our opinion, the restriction is not clearly given by Regulation (EU) 2022/2453 so we ask for clarification of the fact. Is the assumption correct that in case the restriction to non-financial corporations is given in Template 2, the gross carrying amount of Template 2 column a row 0010 Total EU area and Total non-EU area 0060 is corresponding to Template 5 column b row 0100 Loans collateralised by residential immovable property, 0110 Loans collateralised by commercial immovable property and 0120 Repossessed collaterals?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6896
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 27/03/2024

Translation of functional currency into presentational currency in FINREP

What exchange rate should be utilised by the entities with a functional currency other than Euro when translating their accounts into EUR for the purpose of FINREP reporting?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/451 – ITS on supervisory reporting of institutions
  • ID: 2023_6895
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Definition of encumbrance for the purposes of inclusion of deposits into the category of liquid assets under the IFR

Should the investment firm, which requires posting by client of cash collateral for margining purposes and which obtains ownership over the money placed for the market value of derivative transaction, consider the received cash collateral as unencumbered assets for the purposes of the calculation of liquidity requirement under the IFR, when the cash collateral received by the investment firm is posted as a short-term deposit at a credit institution?

  • Legal act: Regulation (EU) No 2019/2033 (IFR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6894
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 08/03/2024

Possible mis-alignment between the Template 7 of Pillar 3 and Template 1 of the EU Taxonomy Article 8 reporting for credit institutions

According to the Template 7 of Pillar 3, credit institutions are required to provide the breakdown of activities that are aligned with the objective of climate change adaptation between "specialised lending, adaptation, and enabling activity". However, Template 1 of the EU Taxonomy (GAR covered assets) doesn't have a column for "adaptation" under the objective of climate change adaptation. Also, the EU Taxonomy uses the word "use of proceeds" in place of "specialised lending".

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6893
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Exposures to a third-country credit institution located in United Kingdom

Can you please advise if United Kindgom, as a former member of EU, benefit from a special treatment with regards to article 107, paragraph 3 from Regulation 575/2013 (CRR) ? In addition, for branches located in UK of EU or third-countries credit institutions listed as equivalent, do they need to be considered as UK credit institutions anyway ?    

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6892
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as Rejected Q&A: 15/12/2023

Templates C01 and C04 Validation rule v4811_m

The v4811_m validation rule states that the control checks that the sum of IRB shortfall (-) of specific credit risk adjustments to expected losses (both defaulted and non defaulted exposures) in the C04.00 template (rows 0100 and 0145) must be equal to the row 0380 in template C01.00 - Own funds. Both factors of the formula, as described in the Instructions, do not cover the same scope and cannot be equal.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/451 – ITS on supervisory reporting of institutions
  • ID: 2023_6890
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as Rejected Q&A: 10/10/2023

Calculating exposure value to assign risk weight to defaulted items having balance and off-balance sheet part

When calculating a coverage of SCRA to unsecured part of the exposure that has both balance and off-balance sheet part, in order to determine risk weight of  150% or 100%, shall an institution calculate the exposure value according to Article 111 point 1 of the CRR (i.e. for off-balance sheet part after applying credit conversion factor (CCF))?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6889
  • Topic: Credit risk
  • Date of submission:
  • Published as Rejected Q&A: 15/12/2023

Pillar 3 reporting obligations

Within the Pillar III disclosures, there are specific sectors that have a handful of dominant companies (3 or less) where the financial institutions have to disclose data for these specific NACEs separately. Would the above Eurostat-confidentiality rules stand within the Pillar III disclosures?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6888
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 13/02/2024

Share buybacks included in distribution policies

How and when should the share buyback ordinary component of an adopted profit distribution policy be reflected in the CET1 capital of institutions?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
  • ID: 2023_6887
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 12/01/2024

Share buyback program: amount of upfront deduction

Does the upfront deduction under Article 28(2) of Commission Delegated Regulation (EU) No 241/2014 as specified by Q&A 3277 include in addition to CET1 instruments and related share premium accounts also the other CET1 items that are reduced by a share buyback program authorized pursuant to Article 78(1)(b) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
  • ID: 2023_6886
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 12/01/2024

High Earner data collections under CRD and IFD – Severance awarded during the financial year

Could you please modify the validation rule v09282_m in order to  exclude the « Severance payments awarded during the financial year » (r0200) from the ratio calculation of REM04 High Earners template ?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2014/07 - Guidelines on data collection exercise regarding high earners
  • ID: 2023_6884
  • Topic: Remuneration
  • Date of submission:
  • Published as Rejected Q&A: 16/10/2023

High Earner data collections under CRD and IFD – Asset Management Business Line

Could you please confirm that the « validation rule v09288_m » which control that variable compensation (row0100) ≤ 2 x fixed compensation (row0060) in the REM04 High Earners template (« Final report on GLs on the high earner data collections under CRD and IFD ») should not be applied to Asset Management (col.0050) Business Line for staff Members who aren’t identified as Material Risk Takers as they don’t have a material impact on the consolidating institution - Asset Management applies a specific remuneration framework other than CRD (AIFMD).

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2014/07 - Guidelines on data collection exercise regarding high earners
  • ID: 2023_6883
  • Topic: Supervisory reporting - Other
  • Date of submission:
  • Published as Rejected Q&A: 31/01/2024