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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

Exclusion of Intragroup Liabilities -Treatment of intra-group derivative contracts

How to apply requirement of Article 5 (4) to substitute any accounting value of liabilities arising from derivative contracts by a corresponding value determined in line with Article 5 (3) and possibility to exclude specific intra-group liabilities according to Article 5 (1) a)?

  • 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_1924
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Application of MREL to entities defined in Article 1(1)

Do entities referred to in Article 1(1), points (b), (c) or (d) also have to comply with the requirement for own funds and eligible liabilities (MREL)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2438
  • Topic: MREL
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Exclusion of liabilities from the bail-in tool

Can the ability referred to in Article 44 (3) of Directive 2014/59/EU (BRRD) be exercised towards bail-inable liabilities or also to relevant capital instruments?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2433
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Exclusions of liabilities matched by promotional loans

According to Article 5 (1) (f) of Commission Delegated Regulation (EU) 2015/63, can exclusions of liabilities matched by promotional loans be greater than the sum of promotional loans themselves?

  • 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_2414
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Concentration risk - type of counterparty

We understand that the purpose of column 70 in table C27 is to identify institutions/unregulated financial sector entities We understand (EBA 2013-395) that if the parent co of a group of connected clients qualifies as institution (or unregulated financial sector entity), all the clients of the family should be reported be institutions or not, be unregulated financial sector entity or not. --> should all the clients of a group of connected being institutions bear the same type of counterparty in C27 column 70? --> should we fill in the type of conterparty only when the group of connected client institutions/unregulated financial institutions is part of the 10 largest exposures on institutions and/or unregulated financial sector entities

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Draft ITS on Supervisory Reporting of Institutions
  • ID: 2014_1058
  • Topic: Supervisory reporting - Large Exposures
  • Date of submission:
  • Published as final Q&A: 30/10/2015

Maturity used in IRB RWA calculations

Is there an error in this paragraph? It currently says "....shall calculate M for each of these exposures as set out in points (a) to (e)....."; should this read "as set out in points (a) to (f)" in order to be consistent with the previous version of the legislation. Based on the current wording the effect of this is to exclude the possibility of banks using a residual maturity ".....M shall be the maximum remaining time (in years) that the obligor is permitted to take to fully discharge its contractual obligations,......"

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2014_762
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 23/10/2015

Financial Customer Definition - application to captive finance companies within non-financial corporate groups

Article 411(1) stipulates that “'financial customer' means a customer that performs one or more of the activities listed in Annex I to Directive 2013/36/EU as its main business”. We are seeking clarity as to whether captive finance companies (“captives”) are captured by this section of the financial customer definition where they are part of a wider non-financial corporate group.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2013_364
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 23/10/2015

Definition of retail deposits.

Can the EBA confirm that retail bonds (both retail and small business) can be treated as retail deposits?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2013_288
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 23/10/2015

CIUs

Where an institution consists of a parent bank and two subsidiaries does the EUR 500 million cap on CIUs apply to consolidated group or can it apply to each of the legal entities? In the latter case this would imply the consolidated group could count up to EUR 1500 million CIU.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2013_292
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 23/10/2015

Inconsistency between validation rule v0620_m from Annex XV (Validation Formulae) and the hierarchy definition for TR1 in template C 21.00

According to the Validation formulae (Annexe XV) v0620_m for COREP report C 21.00 – Market risk: Standardised Approach for position risk in equities, {r010, c060} is the total of own funds requirements for General Risk, Specific risk, Particular Approach for position risk in CIUs and Other non-delta risks for options. For ‘Type of risk’ dimension categorization in {r080,c060} - Particular Approach for position risk in CIUs, the member is ‘Market not look-through CIUs risk’. But, according to TR1 hierarchy, this member is not included in the hierarchy for ‘Equity risk’ member. This results in inconsistency between the hierarchy definition and the validation formulae specified. The numbers do not add up naturally as expected in the validation rule.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Draft ITS on Supervisory Reporting of Institutions
  • ID: 2014_788
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 23/10/2015

Limitation of a transfer to a certain period of time

Is it possible to limit a transfer under Article 38 (6) of Directive 2014/59/EU (BRRD) to a certain period of time following the initial transfer?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2358
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 16/10/2015

Expenses in the context of Article 37 (7)

What kind of costs does the term "expenses" in Article 37 (7) of Directive 2014/59/EU (BRRD) refer to?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2356
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 16/10/2015

Appointment of management body of a bridge institution

Can the resolution authority appoint the first management body of the bridge institution at the time of its creation? Should the resolution authority appoint a temporary management body until the shareholders can meet and decide on the institution’s management body?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2314
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 16/10/2015

Authorisation of the bridge institution

Could the bridge institution also be a simple holding company instead of an authorised institution (authorised in accordance with Directive 2013/36/EU or Directive 2014/65/EU, as applicable)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2315
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 02/10/2015

Referencing in Article 41

Should the reference made to paragraph 4 with regard to “the period” mentioned in Article 41 (2) of Directive 2014/59/EU (BRRD) not be towards paragraph 5?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2313
  • Topic: Resolution tools and powers
  • Date of submission:
  • Published as final Q&A: 02/10/2015

Inclusion of insurance undertakings in prudential consolidation

Should an insurance undertaking be included in prudential consolidation according to Art. 18 of CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2013_383
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 02/10/2015

Classification of credit unions

Should the loans to credit unions (eg. Spoldzielcze Kasy Oszczednosciowo Kredytowe in Poland) be presented under category "Credit institutions" or as "Other financial corporations"?

  • 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: 2014_1507
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as final Q&A: 02/10/2015

Row 030 C07.00 reported also for exposure class of protection provider

Should the part of the "eligible" SME exposure according to Article 501 CRR that is secured with e.g. guarantee be reported in the row 030 (C07.00) in the exposure class of the guarantor and also be subject to the supporting factor?

  • 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: 2014_1419
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 02/10/2015

Definition of threshold

Definition of threshold. Should bonds be considered in the calculation of the 1mln/€ threshold?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2013_289
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 02/10/2015

CoRep 12 and 13 - Validation rules v0508_m, v0514_m, v0532_m and v0538_m

The validation rules v0508_m and v0514_m for C 12.00 cannot be true at the same time in case there is any exposure subject to Look-Through or Internal Assesment Approach (breakdown of outstanding positionsaccording to CQS at inception is not applicable in these cases). The same applies for rules v0532_m and v0538_m for C 13.00 in case of Look-Through, Internal Assesment Approach or Supervisory Formula Method.

  • 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: 2014_1231
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 02/10/2015