Question ID:
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Supervisory reporting - FINREP (incl. FB&NPE)
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
Annex V paragraph 60
Disclose name of institution / entity:
Type of submitter:
Credit institution
Subject Matter:
Contradiction between CRR and Draft ITS on Supervisory Reporting of Off-balance items

Following the CRR annex I we should report off-balance: (b) credit derivatives;(c) acceptances;(d) endorsements on bills not bearing the name of another institution;(e) transactions with recourse (e.g. factoring, invoice discount facilities);(g) assets purchased under outright forward purchase agreements;(j) asset sale and repurchase agreements as referred to in Article 12(3) and (5) of Directive 86/635/EEC; Following the Draft ITS on Supervisory Reportingparagraph 60 these items should never be reported off-balance

Background on the question:

These off-balance sheet items are often not reported under IFRS, because: 1. these items are regared as loan commitments or 2. do meet the criteria for recognising.

Date of submission:
Published as Final Q&A:
Final Answer:

As a general principle, the contracts listed in CRR Annex I should be reported as off-balance sheet exposures insofar they are not recognised in the balance sheet. Following this rationale, paragraph 60 of Part 2 of Annex V provides a closed list of contracts that, under the precise circumstances described in this paragraph (and not other ones), 18are recognised in the balance sheet and, consequently, should not be reported as off-balance sheet exposures 19. It follows that a given contract should be reported as 18off-balance sheet 19 when the circumstances in Paragraph 60 of Part 2 of Annex V are not completely met and it is not recognised in the balance sheet.


*As of 1/8/2014 the content of this answer was modified to reflect the publication of the final ITS on supervisory reporting of institutions in the Official Journal of the European Union. As a result, the references to the ITS were updated and the disclaimer deleted. For reasons of transparency, revisions are highlighted in track changes.

Final Q&A
Answer prepared by:
Answer prepared by the EBA.