Question ID
2019_4577
Legal act
Directive 2014/59/EU (BRRD)
Topic
Resolution financing arrangements
Article
103
Paragraph
7
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Delegated Regulation (EU) 2015/63 - DR on ex ante contributions to resolution financing arrangements
Article/Paragraph
5
Type of submitter
Industry association
Subject matter
Treatment for the intragroup derivative liabilities in the methodology to calculate ex-ante annual contributions to the Single Resolution Fund
Question

Are there any provisions preventing to apply the same treatment for the intragroup derivative liabilities and for the other derivative liabilities as mentioned in Paragraph 4 of Article 5 of Delegated regulation (EU) 2015/63 ?

Background on the question

Article 5 of the Delegated Regulation (EU) 2015/63 defines the methodology to calculate ex-ante annual contributions to the Single Resolution Fund and lists various liabilities excluded from the calculation. Paragraph 3 of Article 5 of the Delegated Regulation (EU) 2015/63 details the methodology that shall apply to derivative liabilities valued with Article 429(6) and (7) of Regulation (EU) 575/2013 (i.e. leverage methodology) and with the value resulting from accounting provisions (as regards the application of various accounting standards, on-balance sheet and off-balance-sheet positions should be considered). In the same paragraph, a floor states that the value assigned to derivative liabilities should not be less than 75% of the accounting methodology.

Submission date
Rejected publishing date
Rationale for rejection

Please note that as part of adjustments to the Single Rulebook Q&A process, agreed by the EBA and the European Commission, it has been decided to reject outstanding questions submitted before 1 January 2020, when the Q&A process was updated as part of the last ESAs Review. In particular, the question that you have submitted has now regrettably been rejected and will not be addressed.

If you believe your question would still benefit from clarification, you are invited to resubmit your question, adapting it to reflect any legislative, regulatory or other relevant developments that may have occurred since the initial date of submission. The EBA will aim to address resubmitted questions as a matter of priority. When considering to resubmit, you are kindly requested to observe the updated admissibility criteria agreed in the context of the adjustment of the Q&A process, available in the Additional background and guidance for asking questions. We hope for your understanding.

For further information please refer to the press release and the updated Q&A page.

Status
Rejected question