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Clarification on formal decision
Should the determination to be made by the resolution authority under Articles 32(1), 32a and 33 of Directive 2014/59/EU (BRRD) on whether the conditions for resolution are met be enshrined in a formal decision? If so, should the latter be a separate decision from the decision on the actions to take?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2175 |
Topic: Resolution objectives and triggers |
Date of submission: 28/07/2015 |
Date of publication: 21/01/2022
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Prohibition for institutions to enter into agreements with third country counterparties
Can Article 17 of Directive 2014/59/EU (BRRD) be considered a sufficient basis for supervisors to prohibit institutions to enter into agreements with third country counterparties which do not accept having cross border contractual recognition language in their contracts as regards bail-in and stays on early termination rights?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2101 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 21/01/2022
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Stating in law that banks’ activities are always in the public interest
Is it compliant with Directive 2014/59/EU (BRRD) if the national transposition measure provides that it is always in the public interest to take resolution action in relation to all credit institutions?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2173 |
Topic: Resolution objectives and triggers |
Date of submission: 28/07/2015 |
Date of publication: 21/01/2022
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Clarification on the scope of application to address or remove impediments to resolvability
Does the procedure for addressing or removing impediments to resolvability in Article 17 of Directive 2014/59/EU (BRRD) apply on an individual basis only or on a group basis as well?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2100 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 21/01/2022
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Suspension of resolution plan updates
How do Articles 15(3) and 17(2) of Directive 2014/59/EU (BRRD) interact with each other?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2099 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 21/01/2022
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Inclusion of mixed-activity holding companies into group resolution plans
Under which conditions should group resolution plans capture mixed-activity holding companies?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2097 |
Topic: Resolution plans |
Date of submission: 06/07/2015 |
Date of publication: 21/01/2022
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Clarification to the wording “joint decisions should be taken by national authorities concerned” in Recital 98
Could you clarify what is meant by the wording “joint decisions should be taken by national authorities concerned” in Recital 98, and in particular what is meant by the provision “joint decision shall be recognised as conclusive and applied by the other resolution authorities concerned”?
Legal act: Directive 2014/59/EU (BRRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2015_2070 |
Topic: Cross-border resolution |
Date of submission: 29/06/2015 |
Date of publication: 21/01/2022
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Dealing with leasing (car leasing) in the calculation of the structural liquidity ratio (NSFR)
Can leasing contracts (e.g. car leasing), which are accounted for as tangible fixed assets according to national accounting standards, be treated in the NSFR according to the actual inflow/cash flow?
Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2019_4780 |
Topic: Liquidity risk |
Date of submission: 14/06/2019 |
Date of publication: 21/01/2022
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Liquid asset received as a component of a pool of collateral in securities transaction (reverse repo or collateral swap).
Is Article 30(6)(c) of the DR(EU) 2015/61 also applicable to Level 1 HQLA that can be substituted by Level 2 HQLA?
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: 2017_3280 |
Topic: Liquidity risk |
Date of submission: 02/05/2017 |
Date of publication: 21/01/2022
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Definition of “aggregate liabilities” and “total liabilities” in the context of the 5% threshold
Do the terms “aggregated liabilities” and “total liabilities” used in the calculation of the 5% threshold for multi-currency reporting, refer to on-B/S liabilities in accordance with the applicable accounting framework referring to Article 24 CRR only or does it include contingent liabilities booked in the off-B/S as well?
Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2016_2679 |
Topic: Liquidity risk |
Date of submission: 17/03/2016 |
Date of publication: 21/01/2022
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Financial Customers
When assessing the primary activities of any legal entity to assess whether these activities fall within the list of activities that define an entity as a "financial customer" (Annex I), should the activity of the entity being assessed include intragroup activity with other controlled entities within the same group or should intragroup activities with other controlled entities within the same group be excluded?
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: 2016_2996 |
Topic: Liquidity risk |
Date of submission: 16/11/2016 |
Date of publication: 21/01/2022
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Scope of application of EBA guidelines on loan origination and monitoring
Are sections 4, 5 and 8 of the EBA guidelines on loan origination and monitoring not applicable to agreements referred to in Article 2(2)( h) of Directive 2008/48/EU, while all other parts of the guidelines are still applicable to those agreements?
Legal act: Directive 2013/36/EU (CRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2020/06 - Guidelines on loan origination and monitoring
ID: 2021_6130 |
Topic: Credit risk |
Date of submission: 02/08/2021 |
Date of publication: 07/01/2022
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Association of personalised security credentials to the payment service user
Should strong customer authentication (SCA) elements always be issued under control of the Account service Payment Services Provider (ASPSP)?
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_6141 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 06/08/2021 |
Date of publication: 17/12/2021
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Confirmation of Funds (CoF) request by a PISP in case of batch processing system
With respect to confirmation of funds request made by a Payment Initiation Service Provider (PISP), in the event that the Account Servicing Payment Service Providers (ASPSP) makes use of a batch processing system, should the ASPSP take into account batches that are in the queue waiting to be processed at the point when the fund confirmation request is made?
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_6077 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 06/07/2021 |
Date of publication: 17/12/2021
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Payers right to make use of payment initiation service providers for all types of payment transactions
Shall payers be able to make use of payment initiation service providers for transmitting all types of credit-transfer based online payment orders from their payment accounts?
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_5498 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 11/09/2020 |
Date of publication: 17/12/2021
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Alternative strong customer authentication for citizens without mobile
Why does the PSD2 allow banks to deny the access to the electronic financial services to customers without a mobile but with a PC?
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_5325 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 21/06/2020 |
Date of publication: 17/12/2021
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Revocation / Invalidation of SCA proof before execution date
In order for a payment instruction to be regarded as 'authorised', is the Account Servicing Payment Service Provider (ASPSP) obliged to verify the strong customer authentication (SCA) proof immediately prior to the execution of each future dated payment instruction? If the ASPSP fails to re-verify the SCA proof, can the ASPSP hold the payer liable in the event of fraud?
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: 2018_4440 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 28/12/2018 |
Date of publication: 17/12/2021
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Home / host cooperation
Should banks notify only National Competent Authorities (NCAs) of the home Member State when they use Strong customer authentication (SCA) exemptions on Secure corporate payment processes and protocols (Article 17 of Regulation (EU) 2018/389 – RTS on strong customer authentication and secure communication) and Transaction risk analysis (Article 18 of the Delegated Regulation)?
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: 2018_4170 |
Topic: Strong customer authentication and common and secure communication (incl. access) |
Date of submission: 30/07/2018 |
Date of publication: 17/12/2021
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Maturity calculation under IRB for exposures that only have contractual cashflows in the form of fees
Does Article 162(2)(a) of Regulation (EU) No 575/2013 (CRR) apply to exposures for which cash flow schedules contractually payable by the obligor are only fee-related (e.g., as in the case of guarantees)?
Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
ID: 2021_5773 |
Topic: Credit risk |
Date of submission: 09/03/2021 |
Date of publication: 17/12/2021
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Treatment of cured defaulted exposures
For the treatment of cured defaulted exposures, a probation period of 90 days with no default triggers must apply before the exposure is moved back to a non-defaulted status. According to Article 178(1)(b CRR) default shall be considered to have occurred with regard to a particular obligor when the obligor is more than 90 days past due on any material credit obligation.
However, if the material arrears fall below the thresholds, the arrears counter will reset to 0. Should the probation period of 90 days with no default triggers apply before the exposure is moved back to a non-defaulted status?
Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2016/07 - Guidelines on the application of the definition of default under Article 178 CRR
ID: 2021_5754 |
Topic: Credit risk |
Date of submission: 22/02/2021 |
Date of publication: 17/12/2021
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