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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

Disclosures Relating to Trading and Non-Trading Book Clients

When firms calculate exposure value in line with K-TCD, firms carry it out at client level, taking the replacement cost and PFE for each client and each product.  Firms then net exposures against collateral in line with Article 31 of IFR.   Assuming that an appropriate netting agreement is in place with the client, available collateral is deducted to arrive an exposure value for each client. Where clients have both trading book and non-trading book exposures, and the netting agreement in place provides that the collateral held is fungible i.e. there is no particular collateral assigned to the trading book or non-trading book contracts or transactions, for the above reporting schedules a methodology to apply the collateral between trading book and non-trading book exposures is required.  

  • Legal act: Regulation (EU) No 2019/2033 (IFR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6319
  • Topic: Supervisory Reporting (IFR)
  • Date of submission:

Provision of the "acquiring of payment transactions" payment service in the EU

Please provide your opinion on whether the payment service – acquiring of payment transactions on an EU webshop – can be provided by a payment service provider from a third country. Please refer to EBA Q&A, Question ID 2018_4233

  • Legal act: Directive 2015/2366/EU (PSD2)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6283
  • Topic: Other topics
  • Date of submission:

Scope of prudential consolidation

Does the answer to Q&A 2019_4711 also apply to those cases where a consolidated requirement is triggered by Regulation (EU) 2019/2033 (IFR)?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6274
  • Topic: Other issues
  • Date of submission:

Payee-initiated transactions with irregular period or variable amounts for account payments.

Please clarify whether payee-initiated account transactions available in Account Servicing Payment Service Providers (ASPSPs)’ online banking channels are considered discriminatory under PSD2 when not available in the PSD2 Application Programming  Interfaces (APIs). 

  • 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: 2021_6256
  • Topic: Other topics
  • Date of submission:

Application of strong customer authentication (SCA) where Account Information Service users access the Account Information Service Providers’ (AISPs) own channels and the previously retrieved payment account information compiled and stored therein

Are Account Information Service Providers (AISPs) exempt, in respect of their own channels, from the requirements of Article 97(1) of Directive (EU) 2015/2366 and of Article 10 of Regulation (EU) 2018/389, and therefore allowed: to let users of their Account Information Service, access the AISPs’ own channels and the payment account information compiled and stored therein – previously retrieved by AISPs from the users’ respective Account-Servicing Payment Service Providers (ASPSPs) – without applying any strong customer authentication (SCA) upon that access to AISPs’ own channels, irrespective of whether the conditions of Article 10 of Regulation (EU) 2018/389 are satisfied – such that AISPs may, in their own channels, allow users of their service to consult, without SCA, previously retrieved payment account information of a broader scope (more than the last 90 days’ worth of data, and potentially the users’ complete transactional history) as compared to the data that ASPSPs may, without SCA, display to the same users in the ASPSPs’ own channels (maximum the last 90 days’ worth of data, and provided that SCA was applied no more than 90 days prior) – and such that AISPs, despite being payment services providers (PSPs), need not afford users of their services the same level of protection that ASPSPs are required to, and can expose said users to the risks of abuses referred to in Article 97(1)(c) of Directive 2015/2366?  

  • 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: 2021_6248
  • Topic: Strong customer authentication and common and secure communication (incl. access)
  • Date of submission:

Definition of long/short derivative positions

Which is the intended meaning of long/short positions in the context of Article 273a(3)(b)?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6237
  • Topic: Market risk
  • Date of submission:

Relevance of a person association's purpose for SME supporting factor application

What is the determining criterion to classify person associations (such as joint accounts, civil law companies, etc.) as “entities engaged in an economic activity”, so that they fall under the preferential treatment of the SME supporting factor?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6213
  • Topic: Other issues
  • Date of submission:

Intermediate Parent Undertaking

Which authority is competent for allowing institutions to have two IPUs under Article 21b(2) CRD?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6088
  • Topic: Other issues
  • Date of submission:

Definition of parent undertaking for the purposes of CRR

Can an undertaking for which Directive 2013/34/EU (the “Accounting Directive”) does not apply be considered a parent undertaking for the purposes of CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6082
  • Topic: Own funds
  • Date of submission:

Deduction of software assets from Common Equity Tier 1 capital (hereinafter CET1) for investment firms of Class 2 and Class 3

Is it appropriate to apply Article 13a of Commission Delegated Regulation (EU) No 241/2014, amended by Commission Delegated Regulation (EU) 2020/2176, regarding the deduction of software assets from CET1 to investment firms of Class 2 and Class 3, taking into account that the mentioned investment firms are not subject to the application of provisions established in Art. 113(5) and Art. 156 of the CRR, i.e. to apply 100% of risk weight to the portion of the carrying amount of software that is not deducted from CET1?

  • 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_6079
  • Topic: Own funds
  • Date of submission:

Legitimacy of the suspension of the accounts of one or more users by the owner of a digital platform, upon request of an obliged entity, due to suspicious transactions executed on the digital platform.

If a payment institution detects that several suspicious payment transactions have been executed or are to be executed on a digital platform and requests the owner of such platform to suspend the accounts of the users who have initiated such suspicious transactions, should the owner of the digital platform be exonerated for any liability due to the suspension of such users’ accounts?

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6054
  • Topic: Suspicious Transaction Reporting
  • Date of submission:

Exemption from and alternatives to deduction from Common Equity Tier 1 items

For the purpose of Article 48(1)(a) CRR, should the applicable amount of insufficient coverage for non-performing exposures under Article 36(1)(m) CRR be included among the other points of Article 36(1) CRR considered under par. (ii) of Article 48(1)(a) CRR, even though not expressly mentioned? The same issue arises with reference to Article 46(1)(a)(ii) CRR and Article 48(1)(b)(ii) CRR.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6021
  • Topic: Own funds
  • Date of submission:

Use of conditional sale agreements to season assets by an originator instead of the originator purchasing the assets and then selling the same to a securitisation SPE

Can an entity: (i) who manages and establishes a traditional securitisation; and (ii) where the securitisation special purpose entity (SSPE) enters into a conditional sale agreement with it be classified as the originator and act as an eligible retainer?

  • Legal act: Regulation (EU) No 2017/2402 (SecReg)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5851
  • Topic: Other topics
  • Date of submission:

Point in time when facility or limit is considered to be a commitment

Does a bank’s legally binding offer for a facility or limit constitute a commitment only after the client has accepted the bank’s offer?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5836
  • Topic: Credit risk
  • Date of submission:

Treatment of committed facilities with unadvised limits

Are committed facilities with unadvised limits considered to be regulatory off-balance sheet items and do they have to be included in the conversion factor estimation under Advanced-IRBA?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5837
  • Topic: Credit risk
  • Date of submission:

treatment of uncommitted facilities / limits

Are uncommitted facilities or limits considered to be regulatory off-balance sheet items and do they have to be included in the conversion factor estimation under Advanced-IRBA?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5835
  • Topic: Credit risk
  • Date of submission: