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Disclaimer:

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.

List of Q&A's

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

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

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

Eligibility of convertible instruments as financial collateral

Do financial instruments that are not included in a main index and not traded on a recognised exchange, but which can be converted anytime at the discretion of the owner of the instrument into equities that are included in a main index or are traded on a recognised exchange qualify as eligible financial collateral?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Treatment of CIUs in internal model for market risk – partial use

What are the conditions to include a CIU in an internal model with regard to model approval and risk categories for partial use institutions?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Treatment of exposures to non-EU equivalent investment firms, non-EU equivalent credit institutions and non-EU equivalent exchanges.

1. With reference to EBA Q&A 677, what is the regulatory basis/rationale in your decision to treat a non-EU equivalent third country exposure to recognised exchange as an exposure to a corporate? Please reference the CRR/ Single RuleBook in your response.2. Does the treatment describer in Q&A 677 or non-EU equivalent recognised exchanges also apply to exposures to non-EU equivalent investment firms and non-EU equivalent credit institutions so that they will also be treated as exposures to corporates? Please reference the CRR/ Single RuleBook in your response.3. Should these exposures be reported (C07 CRSA) in the exposure classes Institutions or Corporates?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable