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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

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:

Supervisory delta for commodities with negative prices

Article 279a (1), (a) of the CRR establishes the formula to be used for calculating the supervisory delta of options mapped to all risk categories except for the interest rate category. Can such formula be made compatible with market conditions in which commodities may have negative prices?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5747
  • Topic: Credit risk
  • Date of submission:

Electronic Identification Process

Please can you clarify the interpretation under Article 13(1)(a) of Directive (EU) 2015/849 (AMLD), in relation to the ability of obliged entities to incorporate innovative solutions and/or electronic tools (such as dynamic selfie verification, biometric tools etc.) into their operations, in the context of performing Customer Due Diligence measures.

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5730
  • Topic: Customer Due Diligence
  • Date of submission:

Definition of subsidiary for the purposes of the CRR

Can an undertaking over which another undertaking effectively exercises a dominant influence be considered a subsidiary of the undertaking effectively exercising dominant influence over it also for the purposes of the parts of the CRR not explicitly mentioned in Article 4(1)(15)(b) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5579
  • Topic: Other issues
  • Date of submission:

Determination of a default risk-free discount factor

From what interest rates does an institution have to derive a default risk-free discount factor as referred to in Article 132c (2) CRR, as amended by Regulation (EU) 2019/876 – CRR2?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5515
  • Topic: Credit risk
  • Date of submission:

Benificial Owner in chain of controlle constilations involving nominee shareholders

Request for interpretation of EU law Identifying the beneficial owners in a control chain of enterprises that involves nominee shareholders as part of the control.

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5500
  • Topic: Customer Due Diligence
  • Date of submission:

Regarding payments between PSPs

1) Are the credit institutions obliged to request payment service providers to disclose payment details as described in the Regulation (EU) 2015/847 in case of batch file transfers? 2) If yes, to what extent should the obligation to disclose payment information be applied?

  • Legal act: Regulation (EU) 2015/847 (WTR) (recast)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5463
  • Topic: Other topics
  • Date of submission:

Institution responsible for compliance with the requirements on a consolidated basis in a horizontally consolidated group

According to which provision of the CRR/CRD an institution shall be determined to comply with the requirements on a consolidated basis and to fulfil all requirements on the basis of the consolidated situation? Can Articles 18(3) and 18(6) CRR determine which institution in a horizontally consolidated group shall be responsible for compliance on a consolidated basis and for fulfilment of all requirements on the basis of the consolidated situation?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5444
  • Topic: Other issues
  • Date of submission:

Mapping to exposure classes

Are Greenland, Faroer, Guernsey, Isle of Man and Jersey to be treated as "central goverments" under Article 112(a) CRR or are they to be treated as "regional governments" under Article 112(b) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5392
  • Topic: Credit risk
  • Date of submission:

Record Retention - Struck Off Obliged Entities

Who is responsible to retain the records referred to in Article 40 of Directive (EU) 2015/849 once an obliged entity goes into liquidation and eventually ceases to exist?

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5362
  • Topic: Other topics
  • Date of submission:

Definition of a financial institution as regards the application of the Delegated Regulation

Is an institution, that is a subsidiary of a holding company which, in turn, owns several financial subsidiaries, not considered as a group for the purposes of the Delegated Regulation, since their parent company does not fall within the definition of a financial entity set out in Article 3 of Directive (EU) 2015/849 (AMLD)?

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2019/758 – RTS on implementation of group wide AML/CFT policies in third countries
  • ID: 2020_5310
  • Topic: Third country policy
  • Date of submission:

Definition of qualifying holding according to Article 4 (1) 36 CRR2

If a credit institution holds a participation below 10% in a company outside the financial sector - which according to the applicable accounting framework (IFRS) is accounted for by use of the equity method, due to the exercise of a significant influence according to IAS 28.5. - does this constitute a case of significant influence and therefore a qualifying holding according to Article 4(1)36 CRR? Can situations arise where a significant influence exists under accounting rules, but not according to the CRR definition?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5291
  • Topic: Own funds
  • Date of submission:

Implementation of this article for subsidiaries that do not belong to the same resolution group as the EU parent institution.

1. Is it possible to adopt a reading of Article 72e(4) CRR that would allow the application of the formula to subsidiaries established in third countries that are not included in a resolution group of the parent institution in line with point (83b)(iii) of Article 2(1) of Directive 2014/59/EU (“BRRD”)? 2. If the answer to Question 1 is yes, what conditions should be met for the exercise of discretion by the resolution authority of the parent institution with respect to allowing the parent institution to deduct an adjusted amount subject to the floor provided by the formula? In particular, how should the variables “r(i)”, “aRWA(i)”, “LP(i)”, and “OP(i)” in the formula in Article 72e(4) CRR be understood, given that they refer to formal terms and concepts that are defined by European law?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5101
  • Topic: Other issues
  • Date of submission:

Treatment of unfunded default fund contributions.

How should unfunded default fund contributions facing Qualifying and Non-qualifying CCPs be treated for leverage purposes?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/62 - DR with regard to the leverage ratio
  • ID: 2020_5074
  • Topic: Leverage ratio
  • Date of submission:

Off balance sheet items in scope of the credit risk framework

Does "off-balance sheet item" as in article 5 point (1) CRR mean: a) off-balance sheet item disclosed under the applicable accounting framework, or b) off-balance sheet item under the applicable accounting framework, irrespective whether the item is disclosed or not, or c) every position or item exposed to credit risk that is not recognised in the balance sheet, irrespective whether such position or item would be disclosed or considered as off-balance sheet item under the applicable accounting framework?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2019_4960
  • Topic: Credit risk
  • Date of submission: