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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

Joint control (by more than one Union parent undertaking) over a subsidiary

Into which group recovery plan a subsidiary which is jointly controlled by more than one Union parent undertaking should be included?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2091
  • Topic: Recovery plans
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Interpretation of “group headed by the Union parent undertaking” in Article 7 (1)

Should “group headed by the Union parent undertaking” in Article 7 (1) of Directive 2014/59/EU (BRRD) be interpreted as the group subject to consolidated supervision pursuant to Articles 111 and 112 of Directive 2013/36/EU (CRD IV) headed by the Union parent undertaking?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2083
  • Topic: Recovery plans
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Assessment of group recovery plans

Should group recovery plans be assessed in the same way as recovery plans in Article 6 of Directive 2014/59/EU (BRRD)? Is the reference to Article 7 (1) contained in Article 6 (1) correct?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2082
  • Topic: Recovery plans
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Meaning of “where relevant” in Article 4

Could you please clarify the meaning of the wording “where relevant” in Articles 4 (3) (4) and (8) of Directive 2014/59/EU (BRRD)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2079
  • Topic: Simplified obligations
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Designation of several authorities as resolution authority

Is it possible according to Article 3 (10) of Directive 2014/59/EU (BRRD) to make specified resolution authorities responsible for the resolution of particular groups or entities and/or to divide the responsibilities for certain stages of resolution amongst them?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2077
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Cooperation, collaboration and assistance of the competent authority to the resolution authority

How should those provisions of Directive 2014/59/EU (BRRD) (e.g Articles 6 (4); 10; 14; 17; 27 (2); and 32(1)) which entail that competent authorities need to cooperate, collaborate and assist with the resolution authority be reflected in national legislation in situations where both functions are carried out by the same entity?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2076
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Entity that formally is not a part of public administration as resolution authority

Is it possible under Directive 2014/59/EU (BRRD), in particular under Article 3 to designate as a resolution authority, an entity that is entitled to issue administrative decisions but formally is not a part of public administration?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2075
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Third country resolution proceedings

How do “Third country resolution proceedings” as defined in Article 2 (1) (88) affect a failing EU institution when these are applied to a failing third country parent?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2072
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Definition of branches of institutions that are established outside the Union

How should “branches of institutions that are established outside the Union […]” in Article 1 (1) (e) be interpreted?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2071
  • Topic: Other topics
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Clarification to Recital 41

Do you agree that the word “not” is missing in Recital 41 and should be corrected? (“Resolution should be initiated when a competent authority, after consulting a resolution authority, determines that an institution is failing or likely to fail and alternative measures as specified in this Directive would not prevent such failure within a reasonable timeframe.”)

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2069
  • Topic: Resolution objectives and triggers
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Annual Contribution of institutions - determination of the risk weight / use of indicators

How to construct the specific indicators as referred to in Annex I of DA in cases where the required data / information was not included in the applicable supervisory reporting for a reference year, although equivalent data did?

  • 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_1927
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Annual Contribution of institutions - determination of the basis for annual contributions and the risk weight / use of CRDIV/CRR terminology

What information / data shal be used when determining the annual contributions to resolution financing arrangements in situations, where information required by specific indicators as referred to in Annex I and II of DA is not included in the applicable supervisory reporting for the reference year, e.g. due to inapplicability of the CRDIV/CRR?

  • 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_1926
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Exclusion of Intragroup Liabilities - General Rule

"Does the criterion of Article 5 (1) a) ii) of DA ""each institution is included in the same consolidated supervision according to Artices 6 to 17 of Regulation No 575/2013 (EU) on a full basis"" alows also intragroup liabilities between ""sister"" companies to be excluded while calculating individual ex ante contributions to resolution 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: 2015_1923
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Basis for ex-ante contributions to resolution financing arrangements

What does Article 103(2) of BRRD mean by the requirement to ”exclude own funds” from the liabilities of institutions when determining the ex-ante contribution to resolution financing arrangements?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_1921
  • Topic: Resolution financing arrangements
  • Date of submission:
  • Published as final Q&A: 24/07/2015

De Minimis and weighting for foreign exchange risk

Should the own fund requirement of foreign-currency option non-delta risk be calculated by all institutions, or only if the net open FX position is greater than 2%?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 528/2014 - RTS on non-delta risk of options in the standardised market risk approach
  • ID: 2015_1795
  • Topic: Market risk
  • Date of submission:
  • Published as final Q&A: 17/07/2015

Risk-weighting of Pension Assets

Article 36 of the CRR requires that defined benefit pension fund surpluses be deducted from CET1 - unless the bank has unrestricted access to the surplus and has obtained permission from the competent authority, as Article 41 sets out further. Any such accessible surplus then needs to be risk-weighted for credit risk in accordance with Part Three of the CRR. However the CRR is silent on the risk weighting assets for total pension assets. Should pension funds in total, or just the accessible surplus, be risk weighted?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2014_1567
  • Topic: Own funds
  • Date of submission:
  • Published as final Q&A: 17/07/2015

Reporting of Counterparties on LE2 and LE3 Templates - connected counterparties

Where there exists a group of connected counterparties (i.e. a Parent company and its subsidiary) and the reporting institution has an exposure to the subsidiary but not the parent, can you please clarify whether the code reported on the LE2 template should be that of the parent company or that of the subsidiary. Additionally, where there exists a group of connected counterparties, but the reporting institution only has exposures to one member of the group, should this exposure be detailed on the LE3 template thereby linking the exposure to the parent entity?

  • 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_1562
  • Topic: Supervisory reporting - Large Exposures
  • Date of submission:
  • Published as final Q&A: 10/07/2015