A delay in the submission by EBA and consequently, in the European Commission's endorsement of the RTS on the conditions according to which the prudent valuation of trading book items shall be applied (Article 105 (14)), does not invalidate Article 105. As a result, institutions will have to apply Article 105 from 1 January 2014 onwards despite the absence of the RTS.
This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Internal Market and Services) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.