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List of Q&A's

For trade finance transactions within 30 days to maturity the DA indicated a 100% inflow for financial customers, however we understand this was for all customers

Regulation (EU) No 575/2013 article 425 2 (b) indicates that monies due from trade finance transactions within 30 days are a taken account in full. However the Delegated Regulation (EU) 2015/61, article 32 2 (a) and its associated sub paragraph (ii) read as if this only relates to financial customers, therefore are trade finance trascations from non-financial customers less than 30 days to maturity to be taken into account in full as inflows?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement
  • ID: 2015_2030
  • Topic: Liquidity risk
  • Date of submission:
  • Published as Rejected Q&A: 11/02/2022

Intragroup liabilities elimination with joint venture company

CSOB owns 55% in the joint venture company. In the paragraph 9 is written that "For the purpose of calculating the basic annual contribution of a group entity, the total liabilities to be considered should not include the liabilities arisen from any contract which that group entity concluded with any other entity which is part of the same group. However, such exclusion should only be possible where each group entity is established in the Union, is included in the same consolidation on a full basis, is subject to an appropriate centralized risk evaluation, measurement and control procedures, and if there are no current or foreseen material practical or legal impediments to the prompt repayment of the relevant liabilities when due. This should prevent liabilities from being excluded from the basis of calculation of the contributions if there are no guarantees that intragroup lending exposures would be covered where the financial health of the group deteriorates. " CSOB for the joint venture company uses proportional method of consolidation, also eliminating the 55% of intragroup liabilities for the regulatory purposes and prudential reporting. The question is if for the basic resolution contribution puproses also elimitate the 55% of those intragoup liabilies or not (not full method of consolidation applied).

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/63 - DR on ex ante contributions to resolution financing arrangements
  • ID: 2015_2029
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Use of the rating based approach’s IRBA securitizations scaling factor 1.06 in the cases of 1.250 % risk weight securitizations’ capital deduction

Shall the rating based approach’s IRBA securitizations scaling factor 1.06 also be applied in the cases of 1.250 % risk weight securitizations’ capital deduction?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2024
  • Topic: Supervisory reporting
  • Date of submission:
  • Published as Rejected Q&A: 11/02/2022

Application of the top-down approach based on EL calibration (article 160 al.2) - purchased receivables

Do these methods apply for other non-retail purchased receivables (i.e. institutions and sovereigns) ? For example, can an institution PD’s be calibrated using these top down approach based on EL calibration ?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2023
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 27/11/2015

Reporting of 'Sources of encumbrance' in line with F32.04

As part of the reporting of asset encumbrance, institutions are required to report its 'Sources of encumbrance' within template F32.04. Our question relates to this template, and deals specifically with deposits. One of the sources of asset encumbrance are deposits that are eligible for the Depositor Compensation Scheme (DCS). The instructions of F32.04, for the reporting of deposits (row 040 / 070) state that institutions are to report the "Carrying amount of the collateralized deposits of the reporting institution in so far as these deposits entail asset encumbrance for that institution". Does this imply that we are required to report the entire amount of deposits eligible for the DCS? Or up to the amount of assets pledged? As an example, suppose that an institution has €500 million of deposits which are eligible for the DCS. Under the DCS, the institution is required to pledge assets equivalent to an established % of eligible deposits. Suppose that the aggregate amount of assets which the institution is required to pledge is €5 million - consisting of €1.5 million in cash and the remaining in bonds. Given the above example, our question is: are institutions required to report the €500 million as a source of encumbrance in F32.04 column 010, row 070 "collateralized deposits other than repurchase agreements". Or the amount to be reported shall be the €5 million?

  • 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: 2015_2022
  • Topic: Supervisory reporting - Asset Encumbrance
  • Date of submission:
  • Published as final Q&A: 04/06/2021

Definition of encumbrance relating to retained interest of the issuer of securitisations

Does the ‘underlying retained securities’ of a securitization position include retained interest of the issuer as defined in article 405 of CRR? Does the retained interest of the issuer shall be considered as encumbered?

  • 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: 2015_2019
  • Topic: Supervisory reporting - Asset Encumbrance
  • Date of submission:
  • Published as final Q&A: 04/08/2017

EAD for over-collateralised securities financing transactions under the Financial Collateral Comprehensive Method

For SFTs which are over-collateralised (the collateral received exceeds the exposure thus generating an EAD of zero), how should they be represented in the C07 template, if at all?

  • 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: 2015_2010
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 26/11/2021

Recognition of contractual netting of legal entities of a group

Could you please specify whether the last subparagraph of Article 295 of CRR ("Netting across transactions entered into by different legal entities of a group shall not be recognised for the purposes of calculating the own funds requirements."), which applies to all three types of contractual netting agreements from point (a) to (c), does not allow recognition of netting for the purposes of calculating the own funds requirements between two members of the same banking group generally (even on a bilateral basis) or netting other than on a bilateral basis between two members of the same banking group?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2004
  • Topic: Market risk
  • Date of submission:
  • Published as final Q&A: 25/09/2015

Credit claims in liquidity stress test buffer

Are credit claims eligible for the liquidity buffer (counterbalancing capacity) if they are not already pledged with the central bank? In particular, would the credit claims originally intended for covered bonds form part of the bank’s pool of collateral for monetary policy credit operations before they become eligible for the counterbalancing capacity (CBC)?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2003
  • Topic: Supervisory review and evaluation (SREP) and Pillar 2
  • Date of submission:
  • Published as final Q&A: 13/04/2018

Liquid assets under CRR/LCR

The primary question is how to consider the relation between CRR and LCR, i.e. shall the liquid assets under LCR be interpreted in accordance with the liquid assets definition under CRR? Provided that the answer is positive, how does this affect a see-through of a CIU that only partially consists of assets that are liquid under CRR? Under said circumstances, is there a risk that the non-liquid assets will contaminate the CIU as a whole, or is it possible that the share of the assets that is liquid can be covered by the LCR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement
  • ID: 2015_2002
  • Topic: Liquidity risk
  • Date of submission:
  • Published as Rejected Q&A: 11/02/2022

Credit risk - standardised approach

Can cash equivalents be assigned a Risk weight of 0%? What is the definition of an equivalent cash item?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2001
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 13/11/2015

Row asset-backed securities in Asset encumbrance templates

Can you please make the row 060 'asset-backed securities' in table F 32.01 consistent with the Annex XVII (reporting on asset encumbrance) page 10 'of which: securitisations'? Same applies to row 180 in F 32.02.

  • 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: 2015_1999
  • Topic: Supervisory reporting - Asset Encumbrance
  • Date of submission:
  • Published as final Q&A: 04/10/2019

Reporting of exposures with immovable property as collateral

A bank has its head office in one EU country and has a branch in Luxembourg. Both the head office and the branch are required to submit separately template C15. The Luxembourg branch submits in Luxembourg template C15 with the branch information only. According to Annex VII of the Commission Implementing Regulation (EU) No 680/2014. The exposures to be reported in template C15 relate to exposures whose collateral (immovable property) is used to reduce regulatory own fund requirements. The head office and the Luxembourg branch have some loans secured by immovable property in various countries. However, the immovable property is not used either at the head office or at the Luxembourg branch for reducing regulatory own fund requirements. Therefore, our understanding is that neither the head office nor the Luxembourg branch should report these exposures in C15 template. We would like to confirm this approach following the request of the national competent authority given that there are no separate capital requirements at the Luxembourg branch level.

  • 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: 2015_1996
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 05/03/2021

Definition of undrawn committed credit facilities to report

Can you please clarify, why only those undrawn committed credit facilities shall be reported in template C60 (row 1320), which have a maturity <= 3months? 

  • 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: 2015_1994
  • Topic: Supervisory reporting - Liquidity (LCR, NSFR, AMM)
  • Date of submission:
  • Published as final Q&A: 05/03/2021

Change of minimum values of exposure weighted average LGD for exposures secured by property in their territory

Does Article 164(5) of Regulation (EU) No 575/2013 (CRR) allow competent authorities to set higher minimum values of exposure weighted average LGD for exposures in one or more parts of its territory on the basis of Financial stability considerations? (In the same way as it is possible under Article 124(2) CRR)

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1992
  • Topic: Credit risk
  • Date of submission:

Can third country insurance companies be considered as unregulated financial entities

If a third country insurance or re-insurance is considered as not subject to "prudential supervisory and regulation requirements at least equivalent to those applied in the union" (as stated in article 142 (4) ) should we definitely consider this entity as neither "large financial sector entity" neither "unregulated financial sector entity" as defined under article 142 (4) and (5) ? Indeed the definition of "unregulated financial sector entity" ("an entity that is not a regulated financial sector entity but that performs, as its main business, one or more of the activities listed in annex I to directive 2013/36/EU or in annex I to directive 2004/36/EC") does not cover insurance activities.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1991
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 10/02/2017

Third country equivalent large financial sector entities

If the Implementing Act of the EU has stated equivalent third countries for investment firms, exchange and credit institution there is no such a list for insurance and re-insurance companies.Nevertheless, if we understand that CRR contains no list of equivalent countries for insurance and re-insurance companies, or no recommendations on EBA to produce such a list, institutions need clear guidelines if they want to correctly apply article 142 (4) of CRR.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1989
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 10/02/2017

Treatment of assets held at a central bank to provide intra-day collateral for supporting payment flows in a direct payment system for the calculation of end-of-day and reporting of assets available for High Quality Liquid Assets (HQLA)

Are assets held in an account opened at a central bank for the purposes of providing intra-day collateral for the purposes of supporting payment flows in a direct payment system, to be treated as “unencumbered” for the purposes of end-of-day calculating and reporting of assets available for High Quality Liquid Assets (HQLA) under Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement?Where assets are held in an account opened at a central bank for the purposes of providing intra-day collateral in connection with the provision of funding for settlement activity, at end of the day should such assets be treated as “unencumbered” for the purposes of calculating and reporting assets available for HQLA? And are in this context the provisions of Article 7(2)(a) of DR (EU) 2015/61 applicable?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement
  • ID: 2015_1987
  • Topic: Liquidity risk
  • Date of submission:
  • Published as Rejected Q&A: 11/02/2022

Definition of disputed margin call under Article 285(4)

What is the relevant definition of margin call dispute for the purpose of doubling the margin period of risk, under Article 285(4), for netting sets which have experienced a material number of extended disputes?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1986
  • Topic: Market risk
  • Date of submission:
  • Published as final Q&A: 27/11/2015

Clarification of disclosure requirement for severance

Article 450(1)(h)(v) and Article 450(1)(h)(vi) both refer to severance; (v) asks for severance payments made during the financial year and (vi) asks for severance payments awarded during the financial year. Are these one and the same?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1985
  • Topic: Transparency and Pillar 3
  • Date of submission: