Question ID
2016_2975
Legal act
Directive 2014/59/EU (BRRD)
Topic
Resolution financing arrangements
Article
Article 103
Paragraph
7
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Delegated Regulation (EU) 2015/63 - DR on ex ante contributions to resolution financing arrangements
Article/Paragraph
Article 8, paragraph 1
Type of submitter
Competent authority
Subject matter
Application of the risk indicators in specific cases - Liquidity sub-group
Question

How to apply waivers granted by NCA in accordance articles 8 and 21 of CRR (liqiudity requirements / liquidity sub-group) with regard to NSFR when calculating ex ante contributions to resolution financing arrangements for particular firms?

Background on the question

Pursuant to the Articles 8 and 21 of CRR, the competent authorities may waive - in full or in part - the application of Part Six (Liquidity) to an institution and to all or some of its subsidiaries in the European Union (forming a liquidity sub-group). Article 8 (1) of the Delegated Regulation (EU) 2015/63 further stipulates that where such waivers are granted to an institution, the indicator referred to in Article 6 (3) (b) (i.e. LCR) shall be applied by the resolution authority at the level of the liquidity sub-group, so the score obtained by that indicator at the level of the liquidity sub-group shall be attributed to each institution which is part of that liquidity sub-group. Article 8 (1), however, addresses LCR requirement only, but the NCA waiver usually covers also NSFR requirement, since the liquidity is managed (and supervised) at the liquidity sub-group level. In such cases, there are no NSFR data available / reported at the particular entity level (solo).

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
Rejected question