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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

Treatment of Deliverable FX for single Currency Returns under 422 (6) and 425 (3)

When completing single currency returns can all deliverable FX flows occuring withing 30 days in that currency be netted down to one single FX flow reported as either an inflow 425 (3) or an outflow 422 (6), otherwise the 75% inflow cap will apply to FX activity under single currency reports, but will not apply under the all currency combined reports.

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

Evidence that a client is unable to withdraw amounts legally due over a 30 day period without compromising its operational functioning

With regards to both: • deposits in the context of Clearing, Custody and Cash Management, Article 422(3)(a) and (d) Regulation (EU) No 575/2013 (CRR), • deposits in the context of an established operational relationship Article 422(3)(c) (recognising the definition of an established operational relationship here is pending from the EBA), what type of 'evidence' are institutions required to demonstrate (Article 422(4)) and how conclusive does this evidence need to be for the deposit to be considered eligible? Also, with regard to Article 422(3)(c), it would appear from Article 509(2)(k) that established operational relationships will only be seen with non-financial corporates. Can you confirm if this is the case?

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

Definition of a large exposure

Please can you confirm if the large exposure threshold for reporting is 10% of eligible capital as mentioned in Article 392 or €300m?

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

Unrealised Gains and Losses

Under to Article 467 and 468 of Regulation (EU) No 575/2013 (CRR), what is the appropriate level of aggregation with respect to unrealised gains or losses at which the percentages have to be applied respectively? Please indicate the appropriate level of application.

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

Grandfathering of own funds instruments

Will old style Tier 2 issuances without a reference to the proposals for a Directive Establishing a Framework for the Recovery and Resolution of Credit Institutions and Investment Firms / Point of Non-viability (PON) fully qualify upon entry into force of Regulation (EU) No 575/2013?

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

Retention bonuses

Is a “retention bonus”, i.e. a bonus solely granted for staying with a credit institution for a pre-defined time, still admissible in the light of remuneration principle Article 94(1)(e) of Directive 2013/36/EU (replacing Annex V, Section 11, point 23 (j) of Directive 2006/48/EC (CRDIII))?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Scope of the institutions subject to the data collection

This Q&A deals with the scope of application for the information collection foreseen by Article 75 (3) of Directive 2013/36/EU specified by EBA Guidelines on the Data Collection Exercise Regarding High Earners (EBA/GL/2012/5 of 27 July 2012). Should data also be collected from EEA Branches of non-EEA institutions?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Frequency of reporting, submission dates, reference year for information collection

This Q&A deals with the currency exchange rates of the information collection foreseen by Article 75 (1) of Directive 2013/36/EU specified by paragraph 5 of the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). What currency is to be used for bonuses paid during the year of submission of the information and are monthly currency exchange rates applicable for the conversion?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Scope of institutions subject to the data collection

This Q&A deals with the scope of the institutions subject to the information collection foreseen by Article 75 (1) of Directive 2013/36/EU are specified by the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2012/4 of 27 July 2012). According to paragraph 2.1 of the EBA Guidelines the list of institutions to participate in the exercise, should be selected applying one of the two criteria (a) the institutions should represent 60% of the total banking sector or (b) by selecting the 20 largest institutions from the banking sector. Regardless of the chosen criteria the list will comprise institutions that have parent banks and whose data will be reported on a consolidated level by the home authority. This can lead to situations where data for institutions within one member state are only provided within the data for a banking group and no national benchmark can be calculated. Which data shall be provided to EBA?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable