Question ID
2015_2137
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Supervisory reporting - FINREP (incl. FB&NPE)
Article
99
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
Article/Paragraph
Annex III F07.00, F18.00.a, F18.00.b.
Type of submitter
Credit institution
Subject matter
Reporting of past due exposures
Question

How to determine when an exposure is past due? In Legal acts there are two different explanations. 1. According to Annex V. Part 2, paragraph 48 Assets qualify as past due when counterparties have failed to make a payment when contractually due. It is understood that any overdue payment shall be taken into account (including penalties). 2. According to EBA/ITS/2013/03/rev1, paragraph 150 For the purpose of template 18, an exposure is “past-due” when any amount of principal, interest or fee has not been paid at the date it was due (excluding penalties).

Background on the question

It is unclear what is the right method of how to determine the past due exposures. Penalties should be taken into account in determining past due exposures?

Submission date
Final publishing date
Final answer

Penalties are not excluded from paragraph 96 of Annex V (reporting framework v2.8) of Regulation (EU) No 680/2014 – ITS on Supervisory Reporting of institutions (ITS on reporting) and therefore shall be taken into account when assessing the past-due status.

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

Disclaimer

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