- Question ID
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2016_2831
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Credit risk
- Article
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111, 112, 134; 166, 147 156
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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0
- Type of submitter
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Credit institution
- Subject matter
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Treatment of irrevocable payment commitments according to Article 103(3) BRRD
- Question
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How should payment commitments pursuant to Article 103(3) BRRD (Directive 2014/59/EU) be treated in the capital requirements for credit risk?
- Background on the question
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According to Article 103 (3) BRRD the financing of resolution funds may include irrevocable payment commitments by the institutions. Payment commitments should be fully backed by collateral of low risk assets unencumbered by any third-party rights, at the free disposal and earmarked for the exclusive use by the resolution authorities. The decision to collect the payment commitments is the responsibility of the relevant resolution authority, not only depending on the creditworthiness of the institutions authorised in their territory. In the Regulation (EU) No 575/213 - CRR with regard to capital requirements for credit risk there are no provisions regarding the treatment of such payment commitments.
- Submission date
- Rejected publishing date
-
- Rationale for rejection
-
Please note that as part of adjustments to the Single Rulebook Q&A process, agreed by the EBA and the European Commission, it has been decided to reject outstanding questions submitted before 1 January 2020, when the Q&A process was updated as part of the last ESAs Review. In particular, the question that you have submitted has now regrettably been rejected and will not be addressed.
If you believe your question would still benefit from clarification, you are invited to resubmit your question, adapting it to reflect any legislative, regulatory or other relevant developments that may have occurred since the initial date of submission. The EBA will aim to address resubmitted questions as a matter of priority. When considering to resubmit, you are kindly requested to observe the updated admissibility criteria agreed in the context of the adjustment of the Q&A process, available in the Additional background and guidance for asking questions. We hope for your understanding.
For further information please refer to the press release and the updated Q&A page.
- Status
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Rejected question