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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

EBA ITS package for 2019 benchmarking exercise (Annex V, credit spread instruments)

Seniority is not specified in some CDS instruments. Could we consider them as Senior Unsecured?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2016/2070 - ITS on Supervisory Reporting (for benchmarking the internal approaches) (as amended)
  • ID: 2018_4252
  • Topic: Supervisory reporting - Supervisory Benchmarking
  • Date of submission:
  • Published as final Q&A: 01/02/2019

Benchmarking - Market risk - instrument specification

In Annex 5, 2019 and subsequent ITS, section 2 Instruments, equity instrument #18, the autocallable product is specified with a 6% coupon, without any memory characteristics. Could you confirm that the product has no memory feature regarding past coupons?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Draft ITS on Supervisory Reporting of Institutions (for benchmarking the internal approaches)
  • ID: 2018_4247
  • Topic: Supervisory reporting - Supervisory Benchmarking
  • Date of submission:
  • Published as final Q&A: 01/02/2019

Benchmarking - Market risk - Base currency unit

In Annex 5, 2019 and subsequent ITS, section 2 Instruments, the equity instrument # 6 concerns a single stock future that is quoted in pence. For the benchmarking exercise, can the reported value in pence be used?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Draft ITS on Supervisory Reporting of Institutions (for benchmarking the internal approaches)
  • ID: 2018_4244
  • Topic: Supervisory reporting - Supervisory Benchmarking
  • Date of submission:
  • Published as final Q&A: 01/02/2019

Trusted Beneficiary exemption – Management of the exemption, information flows between PSPs in the payment transaction

For the seamless management of the Article 13 exemption, should ASPSPs provide a feature that: 1) informs Acquirers and PISPs whether the payee is included in the payer’s list of trusted beneficiary; and 2) allows Acquirers and PISPs to suggest new entries or amendments to a payer’s list of trusted beneficiaries?

  • 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_4128
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 25/01/2019

On the access to names and surnames through the API

Shall names and surnames associated with payment accounts be displayed through the Application Programming Interface (API)??

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4081
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 25/01/2019

Mapping of SEC-ERBA credit quality steps

What mappings will be applicable between the first date of application of Regulation (EU)  575/2013 as amended by Regulation (EU) 2017/2401 (i.e. 1 January 2019) and the entry into force of the ITS (implementing technical standards) on Articles 270a?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2018_4274
  • Topic: Securitisation and Covered Bonds
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Treatment of government bonds of a third country as Level 1 assets when the credit quality step 1 is assigned according to article 114(7) of Regulation (EU) 575/2013

Are the provisions of Article 114(7) of Regulation (EU) 575/2013 (use of the lower RW applied by a third country on exposures to the central government in case of equivalent supervisory and regulatory arrangements) applicable also to the LCR framework?

  • 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: 2018_4148
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Calculation of the ratio between fixed and variable components of the total compensation.

Do credit institutions have to include in the ratio between fixed and variable components of the total compensation the actual value of the amount of early retirement that will be paid out over a period of 5 years subject to a non-competition clause?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2021/04 - Guidelines on sound remuneration policies under CRD (repealing EBA/GL/2015/22)
  • ID: 2018_4027
  • Topic: Remuneration
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Compliance Function and Anti-Money Laundering tasks, Data Protection Officer or FATCA&CRS Responsible Officer, and Fraud Management

Is it in line with a) EBA/GL/2017/11 (Guidelines on internal governance) under Directive 2013/36/EU and b) with monitoring/advisory nature of the Compliance Function as a second line of defense, that the Compliance function in a Credit Institution is the main responsible for:establishing and maintaining compliance with anti-money laundering (AML) regulatory requirements?achieving and establishing compliance with personal data protection (GDPR) or FATCA&CRS (tax reporting) regulation?internal and external fraud prevention i.e. Fraud Management?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2021/05 - Guidelines on internal governance under CRD - repealing EBA/GL/2017/11
  • ID: 2018_3956
  • Topic: Internal governance
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Treatment of Value Added Tax (VAT) accounts opened for collection and payment of VAT

Should the Value Added Tax accounts be treated as operational deposits and should they receive the treatment mentioned at Article 27(1)(c) from Delegated Regulation (EU) 2015/61?

  • 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: 2018_3726
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Inclusion of interim profits in CET1 on consolidated basis

1. Could the competent authority grant a permission for including interim profits on consolidated level without granting such permission on solo level?2. How should the institution calculate the pay-out ratio of dividends calculating foreseeable dividends according to Article 2(7) of RTS 241/2014 while applying for inclusion of interim profits on consolidated level? 

  • 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: 2018_3823
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Inclusion of interim profits in CET1

Could interim profits, which are not profits from the recent reporting period but from the previous one, be included in CET1 capital before the institution has taken a formal decision confirming the final profit or loss of the institution for the year on the basis of Article 26(2) 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: 2018_3821
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 18/01/2019

Explicit consent required by the ASPSP from the PSU to enable the PSU to use the services provided by TPPs / Consenso esplicito richiesto dall’ASPSP al PSU per consentirgli di avvalersi dei servizi prestati dai TPP

May the requirement by the ASPSP for the PSU to give additional explicit consent in order to be allowed to use the services provided by TPPs, in addition to the consent given by the PSU to the TPP, be considered an ‘obstacle to the provision of payment initiation services and of account information services’ pursuant to Article 32 of the RTS?***IT:Puo’ un ulteriore consenso esplicito richiesto dall’ASPSP al PSU per consentirgli di avvalersi dei servizi prestati dai TPP, in aggiunta al consenso prestato dal PSU al TPP, essere considerato un “ostacolo alla prestazione dei servizi di disposizione di ordine di pagamento e di informazione sui conti” ai sensi dell’Articolo 32 del RTS?

  • 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_4123
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Applicability of the low-value contactless exemption to contactless-only devices

For contactless-only devices that (1) do not have a contact interface and (2) do not support on-device authentication, may the counters for the application of the low-value contactless exemption be reset through an out-of-band mechanism such as a mobile phone application?

  • 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_4038
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Recognition of specific credit risk adjustments on securitised defaulted exposures under Article 266(1) CRR to reduce risk-weighted exposure amounts (RWEA) on IRB securitisation positions with 1250% risk weight (RW).

Shall specific credit risk adjustments made on securitised defaulted exposures and treated in accordance with Article 110 CRR be recognised to reduce RWEA on securitisation positions with 1250% RW in application of Article 266(1) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2017_3141
  • Topic: Securitisation and Covered Bonds
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Material exposure in connection with term "days past-due" in the definition of non-performing exposure

What is the reading of the term "material" exposure in connection with "days past-due" for the purpose of definition of non-performing exposure?Can the "materiality threshold" be applied in a way that the counting of days past due starts when the past-due amount of the whole exposure of the obligor exceeds pre-defined materiality threshold?

  • 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_1297
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Inconsistency in validation rule eba_v4721_m

Validation rule v4721_m, is introduced for template C 07.00. R015 of C 07.00 template is reported for exposures classes “016-Equity” and “012- Items associated with particularly high risk”, as well as the “001-Total” template. C 07.00 r015 of CRSA has the same reporting nature as C 07.00 r040 and all the memorandum items in C 07.00 i.e. they are reported in specific exposure classes but they are reported in total as well. Additionally, ITS on “REPORTING ON OWN FUNDS AND OWN FUNDS REQUIREMENTS” under section 3.2.2 “Scope of the CR SA template” par. 49 states that “The information in CR SA is requested for the total exposure classes and individually for each of the exposure classes as defined for the standardised approach. The total figures as well as the information of each exposure class are reported in a separate dimension.” denoting that sheet “001 – Total” is the sum of all the subsequent sheets falling under C 07.00. Therefore we believe that “001 – Total” sheet of C 07.00 has been correctly populated.

  • 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: 2018_4064
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Validation rule v6063_m in v2.7.0.1

Is validation rule v6063_m: [F 20.04] sum((F 20.04, r040, c010, (sNNN))) = sum((F 01.01, (r070, r093, r097, r110, r142, r172, r176), c010)) correct? Why are r235 and r390 (F01.01) not present in this validation rule?

  • 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: 2018_3963
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as final Q&A: 11/01/2019

Validation rule v2818

Is there is an error in validation rule V2818 (check between AE and FINREP CON)? It caused a blocking error on the side of our institution. ERROR : v2818_m: sum({F 32.01, r070, (c010, c060)}) = {F 04.01, r080,c010} + {F 04.02.1, r070,c010} + {F 04.02.2, r080,c010} + {F 04.03.1, r070,c010} + {F 04.04.1, r030, c010} + {F 04.06, r080, c010} + {F 04.07, r080, c010} + {F 04.08, r080, c010} + {F 04.09, r030, c050} + {F 04.10, r080, c010} : [F 32.01: 22693164316; FINREP: 734022053; 596916000; 0; 11242205575; 10104104910] It checks debt securities issued by central banks and general governments. Apparently in the control some FINREP cells for central banks are missing. For example: {F 04.01, r070,c010} {F 04.03.1, r060,c010} {F 04.04.1, r020, c010} I see no reason why these fields are missing in the rule.

  • 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: 2018_3897
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as final Q&A: 11/01/2019