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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.

Please note that the Q&As related to the supervisory benchmarking exercises have been moved to the dedicated handbook page. You can submit Q&As on this topic here.

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List of Q&A's

Minimum requirement for own funds and eligible liabilities (MREL) - Calibration

When setting a recapitalisation amount enabling the “resolution group resulting from resolution” to meet its prudential requirements “after the implementation of the preferred resolution strategy”, should the resolution authority consider the changes resulting from the whole sequence of actions which implements the preferred resolution strategy, irrespective of the point in time when they are likely to be taken, or only changes resulting from those actions implemented after entry into the formal resolution phase (post-Failing-Or-Likely-To Fail - FOLTF)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4901
  • Topic: MREL
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Type of accounts accessible through common and secure communication

Should credit lines (namely “credit cards accounts”), accessible online, be available to Account Information Service Provider (AISP), Payment Initiation Service Provider (PISP) and Card Based Payment Instrument Issuer (CBPII)?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4856
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Payment accounts and reference accounts

Are payment accounts, which are coupled with a reference account, in scope of PSD2 especially Regulation (EU) 2018/389 – RTS on strong customer authentication (SCA) and secure communication (CSC)?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2018_4272
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Minimum requirement for own funds and eligible liabilities (MREL) – Transitional periods

1) Can resolution authorities set transition periods with an end-date before 1 January 2024?2) Can resolution authorities set a transition period with an end-date before 1 January 2022 (date referred to in the context of the "intermediate target" introduced in the legislation?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4861
  • Topic: MREL
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Credit value date for payment transactions with currency conversion

As a credit entry on an account is possible only in the currency the account is maintained, does this mean that for a payment transaction the credit value date for the payee's account is no later than the business day on which the amount in the payee's account currency is credited to the payee's payment service provider's account?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4150
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Sanctions list screening in the context of TPPs' services - risk management policy

Is the Account Servicing Payment Service Provider (ASPSP) obliged to recognise if a Third Party Payment Service Providers (TPP) is named on a sanctions list or even take some actions when the TPP becomes a designated entity? How the prohibition of directly or indirectly making funds or economic resources available to designated persons and entities is defined in this context?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4117
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

On the application of SCA when cancelling a payment transaction

Should Account Servicing Payment Service Providers (ASPSPs) apply strong customer authentication (SCA) when cancelling recurring transactions?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4083
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 12/03/2021

On the use and storage of Personalised Security Credentials (PSC)

Do third party providers (TPPs) have the right to ask for payment service users (PSUs)' Personalised Security Credentials (PSC)?Do TPPs have the right to store PSUs' PSC ?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2018_4077
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Minority Interests and guidance on additional own funds (P2G)

Should the guidance on additional own funds be taken into account in the quantification of the minority interests of a subsidiary that is included in an institution`s consolidated CET1 capital according to Article 84(1) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_3658
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Consumer mandate under Merchant Initiated Transactions

Terms and Conditions to outline future charges (under Merchant Initiated Transactions (MITs)) may be disclosed by the booking entity (such as online travel agent or brand/hotel group) instead of the hotel merchant. Does the consumer acknowledgement of these terms through a party other than the merchant (in this case, the hotel) meet the MIT requirement? Will the merchant in this situation continue to be the hotel, instead of the intermediary?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2019_4794
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Merchant Initiated Transactions exemption for hotel transactions

For the following scenarios, does digital acknowledgement by the consumer at time of booking that subsequent charges may be collected adequately meet the requirement for Merchant Initiated Transactions if SCA is also taken at time of booking:i. total room charges and applicable taxes disclosed to the consumer when a prepaid rate has been selected.ii. deposit amount disclosed to the consumer when the reservation requires payment of a deposit to guarantee the booked room and/or dates.iii. disclosed late cancellation or no-show fee incurred by the consumer if the consumer fails to cancel their reservation per the disclosed cancellation policy.iv. disclosed descriptions of types of charges that will be processed by the hotel merchant if incurred after payment for the stay has been settled. Examples include but are not limited to charge-to-room meals, spa treatments, retail purchases, mini-bar consumption identified by housekeeping and room damage.

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2019_4792
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Processing payments for hotel reservations

Can hotels continue to process payments for which strong customer authentication (SCA) has not been completed at the time of reservation, or for charges which do not become apparent until after the customer has departed the hotel and for which he/she may refuse to conclude a first or additional SCA?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2019_4791
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Keyed Mail Order or Telephone Order (MO-TO) transactions

In the hotel industry, if a consumer contacts the hotel directly to make a reservation, the hotel may need to manually key the payment details into their payment terminals. Does this qualify as a Mail Order or Telephone Order (MO-TO) transaction?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2019_4790
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Treatment of electronic bookings similar to Mail Order and Telephone Orders (MO-TO) transactions

Would hotel use-cases, which include reservations taken by third parties (such as online travel agents or brand/hotel group) for the merchant and subsequent transactions (such as post-booking processing of prepaid rates or deposits, processing of cancellation/no-show fees, processing of post-checkout charges) fall under the scope of Mail Order and Telephone Orders (MO-TO) transactions and are they therefore excluded from the strong customer authentication (SCA) requirements?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
  • ID: 2019_4788
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Calculation of own funds required for payment institution in the Article 9 of Directive EU 2015/36 (PSD2) when "input funds" are credit transfers and "output funds" are direct debit

How to compute the “total amount of payment transactions executed” referred to in the calculation of “payment volume” for method B in the Article 9 of Directive EU 2015/36 (PSD2) when "input funds" on the payment account are credit transfers and "output funds" are direct debit?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4299
  • Topic: Authorisation and registration
  • Date of submission:
  • Published as final Q&A: 12/03/2021

LGD adjustment for massive disposals.

Article 500, first paragraph, point (c) of the Regulation (EU) 2013/575 as amended by Regulation (EU) 2019/876 provides for a 20% threshold to qualify disposal operation as “massive”. This question seeks clarification on how to compute the threshold.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4824
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Adjustment for massive disposals

Regarding the interpretation of Article 500(1) of the Regulation (EU) 2019/876 amending Regulation (EU) No 575/2013 (hereafter “Regulation (EU) No 575/2013 as amended”), do we understand it correctly that:“the average estimated LGDs for comparable exposures in default that have not been finally liquidated” should be derived by applying the estimation method for incomplete recovery processes, which is required under Article 181(1)(a) Regulation (EU) No 575/2013 and further explained in paragraphs 158 and 159 of EBA/GL/2017/16, to the disposed assets as of the date just before the disposal;“the average realised LGDs including on the basis of the losses realised due to the massive disposals” should be the average observed LGD for all disposed exposures based on the economic loss of each exposure, taking into account the disposal price as well as material discount effects and material direct and indirect costs associated with collecting on the instrument in line with Article 5(2) of Regulation (EU) No 575/2013the adjustment based on Article 500 for all disposed exposures cannot lead to an estimate of average losses for the disposed assets that is lower than the estimated LGD calculated under point (a) above?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4819
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 12/03/2021

Calculation of own funds required for payment institution in Article 9 of Directive EU 2015/36 (PSD2) when the payment institution offers acquiring services

How to compute the “total amount of payment transactions executed” referred to in the calculation of “payment volume” for method B in the Article 9 of Directive EU 2015/36 (PSD2) when the payment institution offers acquiring services?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4298
  • Topic: Authorisation and registration
  • Date of submission:
  • Published as final Q&A: 12/03/2021

The maturity ladder on template AE-CB (F 35.00)

Do institutions need to report the residual maturity of the cover pool assets or the residual maturity of the covered bonds the assets are backing in the maturity ladder of the Cover Pool Assets (C 150-C 200)?

  • 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_1891
  • Topic: Supervisory reporting - Asset Encumbrance
  • Date of submission:
  • Published as final Q&A: 05/03/2021