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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

Interaction between 45f(3) and 45f(4) BRRD

In case of a “daisy chain” structure involving three entities (resolution entity, intermediate entity which is subsidiary of the resolution entity and subsidiary of the intermediate entity) which are all in the same Member State, how and with respect to which paragraph of Article 45f ofDirective 2014/59/EU (BRRD) should resolution authorities and institutions proceed to assess waiver requests? Is any of the two potentially applicable paragraphs (Article 45f(3) and 45f (4)) required to be privileged/rejected? Should they be combined? Also, in such a situation: a) Could you confirm that the impossibility to meet conditions under one paragraph (for instance, intermediate entity in shortfall or cross-border SPE) does not preclude requesting a waiver and the request being examined based on the other paragraph? b) Regarding condition set out in article 45f (3)(d) and 45f(4)(d) )BRRD, which entity should be the guarantor, the resolution entity or the parent entity? How to interpret/ apply these two options in case there is no MREL target set at the parent level but only at resolution entity level? c) In case the interpretation is that in order for an indirect subsidiary of a resolution entity to be granted a waiver from the application of internal MREL, its direct parent must comply with a sub-consolidated MREL target in the same MS (Article 45f(4) BRRD/12h(2) SRMR), can you clarify if the condition set out in Article 45f(4)(b) BRRD/12h(2)(b) SRMR requiring the (direct) parent undertaking to comply with the sub-consolidated MREL requirement referred to in Article 45a(1) BRRD/12a(1) SRMR is met if such parent undertaking is in shortfall but has been granted a MREL waiver? A final related question in case of entities subject to BRRD is whether, when assessing the condition under paragraphs 45f (3)(f) and 45f (4)(f) BRRD on ownership of 50% of voting rights in the subsidiary, such ownership should be assessed both directly and indirectly (direct/ indirect control).

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5582
  • Topic: MREL
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Treatment of covered deposits when determining the contribution base of Investment Firms

Can the liabilities that arise by virtue of holding clients' money with investment firms, and that are then deposited by investment firms with a credit institution, be considered as deposits that are deducted from the Contribution Base when determining the ex-ante contribution of those investment firms to a resolution financing arrangement?

  • 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: 2017_3579
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Contributions to the financing arrangements from ceased banks

Do institutions that cease to exist or to be supervised in a given year prior to the determination or raising of the annual contributions still have to contribute to the financing arrangements?

  • 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: 2016_2872
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Definition of "total liabilities"

Does the reference to ‘total liabilities’ in Article 3(11) of Commission Delegated Regulation (EU) 2015/63 mean liabilities and capital, or only liabilities?

  • 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: 2016_2869
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Clarification on EBA Final Q&A 2015_2469 / Exemption from bail-in of liabilities to institutions in order to avoid risk of systemic contagion

The answer to Q&A 2015_2469 clarifies that the exception to bail-in in Article 44(2)(e) of Directive 2014/59/EU (BRRD) captures inter-bank unsecured liabilities with an original maturity of less than seven days. Does this exception apply to all inter-institutional unsecured liabilities with an original maturity of less than seven days? In other words, does this exception also capture the liabilities of investment firms that are defined as institutions in Article 2(1)(23) BRRD, alongside the liabilities of other banks or credit institutions?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2016_2814
  • Topic: Write-down and conversion of capital instruments
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Application of the provisions described in paragraphs 10 to 12 of Article 133 (systemic risk buffer, SyRB)

How do the provisions described in paragraphs 10 to 12 of Article 133 of Directive 2013/36/EU (CRD) apply when a Member State (MS) sets a domestic systemic risk buffer (SyRB) rate on all or some of the relevant exposures of that MS and, additionally, wants to recognize a SyRB rate activated by another MS, which applies to the same exposures (or some of them)?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5801
  • Topic: Other issues
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Estimation of default probability and loss given default under the internal default risk model for a trading book position, where those estimates are not available at trade date under an approved IRB approach

Should an institution that has been granted permission to estimate own default probabilities or own default probabilities and losses given default in accordance with Section 1 of Chapter 3 of Title II of the CRR, be required to use such methodology for calculating default probability or loss given default under the internal default risk model for a trading book position, where the default probability or loss given default estimates are not available at trade date under such methodology for the corresponding obligor or facility?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5856
  • Topic: Market risk
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Individual's name to return in AISP/PISP calls

Is the name returned in an Account Information Service Provider (AISP) / Payment Initiation Service Provider (PISP) call expected to be that of the Payment Service User (PSU) who has initiated the transaction with the Third Party Provide (TPP), or of the actual account owner/holder?

  • 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: 2020_5165
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Acquisition and money remittance payment service

Can a payment institution (PI) which provides a payment service of acquiring of payment transactions for its users can provide this service without holding payment account.

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5181
  • Topic: Authorisation and registration
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Money Remittance

Where an entity accepts payment on behalf of a payee (such as a debt collector and the debt due to the payee is extinguished upon receipt of payment by the debt collector), is it correct to say that this does not constitute Money Remittance? (i.e. there is no need to rely on the commercial agency exemption since there is no payment service being provided). In addition, if there is no Money Remittance in this situation, can the same be said if the entity receives money into one account then pays these monies to a second account in its name,before transferring the money to the relevant payee? If this is Money Remittance, can the commercial agency exemption be relied on where an entity receives monies but then transfers them to another account held by it before then transferring to the relevant payee?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5216
  • Topic: Authorisation and registration
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Access to account for FinTech Solutions that incorporate regulated services

Do FinTech companies offer payment accounts by their use of regulated services as part of their offering and are they therefore required to provide access to accounts to Third Party Providers (TPPs)?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5249
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Fees on issuing eletronic money

Is charging fees on issuing of the e-money, in compliance with Article 11(1) of the Directive 2009/110/EC (E-money directive – EMD)?

  • Legal act: Directive 2009/110/EC (EMD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5494
  • Topic: Not applicable
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Topping-up e-money accounts with voucher-based products

If an e-money institution (EMI) sells, through an external network of points of sale, pre-paid non-reloadable vouchers of a fixed value that can only be used to top-up e-money accounts opened with such EMIs, shall the sale of such vouchers be considered as distribution of e-money for the purposes of Directive 2009/11/EC (EMD2)?

  • Legal act: Directive 2009/110/EC (EMD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5566
  • Topic: Not applicable
  • Date of submission:
  • Published as final Q&A: 18/03/2022

Subcontractor of electronic money distributor

Does Article 3, paragraph 4 of Directive 2009/110/EC (EMD) mean that that a legal person acting as an electronic money distributor on behalf of an electronic money institution may enter into a contract with another legal person (subcontractor) for the execution of distribution and redeeming of electronic money? Or on the contrary, an electronic money distributor may not use subcontractors to distribute electronic money in the name of the electronic money institution under EU law?

  • Legal act: Directive 2009/110/EC (EMD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5624
  • Topic: Not applicable
  • Date of submission:
  • Published as final Q&A: 18/03/2022

AISPs and scope of application AML requirements

1. To what extend do AISPs need to comply with the obligations in relation to anti-money laundering and terrorist financing under Directive (EU) 2015/849 of the European Parliament? 2. Is a requirement for AISPs on the basis of national law and national supervisory practices to submit to the competent supervisor a description of the internal control mechanisms with regard to AML regulations compliant with PSD2 and EBA’s Guidelines on Guidelines on authorisation and registration under PSD2?

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4712
  • Topic: Authorisation and registration
  • Date of submission:
  • Published as final Q&A: 11/03/2022

Mount unattended contactless device on general goods vending machines

With the limits described in Articles 11 and 16 of the Regulatory Technical Standards on strong customer authentication and secure communication under Directive 2015/2366/EU (PSD2), could a vendor mount an unattended "contactless only" device without pinpad on a general goods vending machine?

  • 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: 2020_5288
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:
  • Published as final Q&A: 11/03/2022

Range of application of the LGD regulatory floor for the calculation of own funds requirements at individual and consolidated levels

Shall the LGD regulatory floor be applied at the territory level of the Member state to exposures secured by property located in the territory of that Member state (Article 164(7) CRR) for the calculation of own funds requirements at any level, i.e. individual and/or consolidated level?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4859
  • Topic: Credit risk
  • Date of submission:
  • Published as final Q&A: 18/02/2022

Pending credit offers

Can pending credit offers (e.g. offers to provide credit to retail clients that have not been accepted yet) qualify as committed credit facilities for the purpose of Article 424 CRR (e.g. Article 424(2) CRR in case of credit offers to retail clients) and Article 31 LCR DA (e.g. Article 31(3) LCR DA in case of credit offers to retail clients), if such pending credit offers would be irrevocable, binding on the creditor and considered "commitments qualifying for the creditor as agreements to lend" for the purpose of the credit risk framework (in particular Annex I of the CRR), in accordance with EBA Q&A 2017_3376?

  • 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: 2019_4985
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 11/02/2022

Weighting of EVE gains of domestic currency by a factor of 50% when calculating the aggregate EVE change for each interest rate shock scenario

When calculating the aggregate EVE change for each interest rate shock scenario, should EVE gains of the domestic currency (i.e. EUR in most cases) be weighted by a factor of 50% or should such gains be weighted by a factor of 100%?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2015/08 - Guidelines on the management of interest rate risk arising from non-trading activities
  • ID: 2020_5419
  • Topic: Supervisory review and evaluation (SREP) and Pillar 2
  • Date of submission:
  • Published as final Q&A: 11/02/2022

Applicability of fix amount dividend policy to mutuals, cooperative societies, saving institutions and similar institutions

Is Q&A 4731 applicable to mutuals, cooperative institutions, savings institutions and similar institutions?

  • 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: 2021_5787
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 11/02/2022