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List of Q&A's

Whether the derogation under Article 500a(2) CRR should also be recognised in Article 395(5) CRR.

Given there is in place the permission under Article 500a(2) CRR specifying higher limits for exposures to the central governments and central banks of Member States, where those exposures are denominated and funded in the domestic currency of another Member State, should there in the Article 395(5)(a) CRR be recognised this new value, or should there be used in Article 395(5)(a) CRR the value of the limit specified in Article 395(1) CRR anyway?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6926
  • Topic: Large exposures
  • Date of submission:
  • Published as Rejected Q&A: 23/01/2024

Pillar 3 ESG Template 3 – NACE sectors scoping

The list of minimum NACE sectors provided in the template includes a combination of level 2, level 3 and level 4 NACE codes. Does this mean that if a NACE level 2 sector is mentioned, all the underlying NACE level 4 sectors are included? Or should only the level 4 NACE sectors explicitly mentioned in the list be included?  

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6856
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 15/01/2024

Determination of the delta factor for K-TCD

Shall a delta of 1 according to Art. 29 (6) IFR be used for the calculation of the effective notional A) if no option price model has been approved at all or B) where a model for a specific instrument type has not been approved by the competent authorities, while for models of other instrument types there is an approval?

  • Legal act: Regulation (EU) No 2019/2033 (IFR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6868
  • Topic: K-factor requirements
  • Date of submission:
  • Published as Rejected Q&A: 15/01/2024

C.34.07 invalid validation rule EGDQ_0802 and EGDQ_0803

The validation ruleEGDQ_0802: The total exposure value ({c0010}) and RWEA ({c0060}) with own estimates of LGD and/or conversion factors ({s0001}) should be equal to the sum of all portfolios with own estimates of LGD and/or conversion factors. and EGDQ_0803: The total exposure value ({c0010}) and RWEA ({c0060}) with own estimates of LGD and/or conversion factors ({s0002}) should be equal to the sum of all portfolios with own estimates of LGD and/or conversion factors.Are incorectly implemented resulting in wrong validation error messages.EGDQ_0802 and EGDQ_0803 have to be looked at simultaneously. Both checks seem to be ''intertwined', resulting in a wrong comparison. The sum over all sheets 'with own estimates of LGD' is compared with the total sheet for 'without own estimates of LGD', and vice versa. The first check I would expect is to sum over all sheets 'with own estimates of LGD' , and compare it with the total sheet for 'with own estimates of LGD'The second check I would expect is to sum over all sheets 'without own estimates of LGD' , and compare it with the total sheet for 'without own estimates of LGD'.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6934
  • Topic: Supervisory reporting - COREP (incl. IP Losses)
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Definition of elligible capital

Can a parent company give a guarantee to investors of new shares in a bank and back it with their own assets? Or can a sister company invest in a bank? Can a bank lend to a company that already holds AT1 instruments of a bank? If so, is there a deduction? What if that company's investment in the bank is not a significant proportion of its portfolio and the bank's failure would not jeopardise the loan? What if the bank lends to a company that will use the loan to buy the bank's planned issue of AT1 instruments, but the loan is backed by high quality collateral?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6920
  • Topic: Own funds
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Deductions from Common Equity Tier 1 items

1. Bank owns usd 20 million worth of 18% ordinary shares of a financial institution Alpha Bank. Alpha Bank has also invested usd 12 million to this bank's CET1 in order to artificially inflate the capital of both banks.  When calculating regulatory capital, USD 12 million reciprocal cross-holding was deducted from CET1. Now, when the bank calculates adjustments for investments in the capital of financial entities, should it count the investment in Alpha Bank as 8 million, and even if so, will it be considered a significant investment or an insignificant investment? 2.  Bank has a wholly owned subsidiary, Valeria Ltd, which is a non-financial entity. Valeria Ltd holds 100% of the shares of Karina Insurers, which is a financial institution. Should the bank now consider this as a significant investment (here indirect) in a financial institution and make deductions accordingly, or should the bank consider only Valeria Ltd in deductions (alternatively 1250% RW) as a qualifying non-financial holding? If the first option is the correct answer, should it ignore the investment in Valeria Ltd? 3.  A bank has 100 million CET1 and 10 million AT1 capital. The bank then invests 50 mln to buy 100% of an insurance company that holds the bank's 10 mln AT1. When recalculating the regulatory capital, the bank deducts 40 mln (50 - 100*10%) from CET1 as an investment in financial sector entities above the 10% threshold. Now, when calculating AT1, should the bank make an adjustment to 10 mln AT1 because it is considered an investment in own capital? If so, how much?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6919
  • Topic: Own funds
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Possible mis-alignment between the Template 7 of Pillar 3 and Template 1 of the EU Taxonomy Article 8 reporting for credit institutions

According to the Template 7 of Pillar 3, credit institutions are required to provide the breakdown of activities that are aligned with the objective of climate change adaptation between "specialised lending, adaptation, and enabling activity". However, Template 1 of the EU Taxonomy (GAR covered assets) doesn't have a column for "adaptation" under the objective of climate change adaptation. Also, the EU Taxonomy uses the word "use of proceeds" in place of "specialised lending".

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6893
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Pillar 3 ESG Template 3 – Decarbonization scenarios

Is it allowed to alternatively use reliable scenario sources other than the IEA NZE2050 scenario, which are more specific to certain sectors? Examples are the International Maritime Organization (IMO) decarbonization scenario towards 2050 for the maritime shipping sector and the CRREM 1.5C decarbonisation trajectories for commercial real estate.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6855
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

Extent of real time transaction monitoring expected when executing and processing payments.

Article 13(1)(d) of Directive (EU) 2015/849 sets out the on-going monitoring obligation of obliged entities.  This includes the 'scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the obliged entity's knowledge of the customer, the business and risk profile, including where necessary the source of funds'.  However, the said Directive does not set out whether or the extent to which the scrutiny of transactions is to take place in real time or post the execution of transactions.  This is of particular relevance within the ambit of payment service providers given that these same service providers are also subject to timelines for the execution and processing of payment transactions.  To what extent, if at all, do Competent Authorities require payment service providers, including credit institutions that are providing payment services, to carry out real time transaction monitoring? If this is a requirement, do Competent Authorities also require real time transaction monitoring in case of transactions involving high amounts? If Competent Authorities do not require real time transaction monitoring, what is the justification for this position?

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6723
  • Topic: Customer Due Diligence
  • Date of submission:
  • Published as Rejected Q&A: 12/01/2024

CVA hedges in the calculation of UCS

When calculating Unearned Credit Spread (UCS) is it allowed to include CVA hedges as well?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6922
  • Topic: Market risk
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

on demand and short notice vs. other term loans

Should matured loans with contractually fixed maturities, loans that matures at reporting date or at the next business day after the reporting date and canceled loans be reported as "on demand and short notice" product or as "other term loans" product as they were reported prior the maturity/cancelation? Should contractual (original) maturity or residual maturity be taken into account when determining "on demand and short notice" product? Can the type of product change during the lifetime of the loan? 

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
  • ID: 2023_6955
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

ESG P3 - Template 1, 5 and 7 disclosure of subsidiaries, joint venture and associates

Does Equity instruments to be reported in Pillar 3 ESG tables include also investment in subsidiaries, joint ventures and associates?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6952
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Template 4 - Exposures to top 20 carbon-intensive firms

Could you please provide a single list to identify the top 20 most carbon-intensive firms?If not possible, can you define the criteria to be considered to identify the top 20 most carbon-intensive firms? For instance: sector of the counterparty, emissions scope considered (1, 2, 3)?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures
  • ID: 2023_6942
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Weighted average repricing date

In the "ITS ON SUPERVISORY REPORTING FOR IRRBB" is mentioned that the institution has to report the "weighted average repricing date" in J 08.00 and J 09.00: Relevant parameters. Can you please clarify what kind of figure is expected? Does the institutuions has to fill in a date e.g. '30.09.2029' or a number e.g. '5' for five years?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6914
  • Topic: Supervisory reporting - Other
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Unregistered Partnerships and Sole Traders classification in accordance with the Counterparty Breakdown outlined in FINREP Reporting

Against the indicated background we would like to request feedback on whether all counterparty breakdowns in FINREP may refer to the BSI Regulation, or whether such reference is only for non-financial corporations. Moreover, we would like to query whether ‘Unregistered Partnerships’ and ‘Sole-Traders’  whether in this case the purpose of loan has any impact on the selected FINREP counterparty classification?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
  • ID: 2023_6905
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

FINREP - Validation rules EBA_v12089 on F18.0

When we sent our Finrep 2022-12, the warning EBA_v12089 was triggered on the ITS F18.00, line 0335

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2023_6902
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Translation of functional currency into presentational currency in FINREP

What exchange rate should be utilised by the entities with a functional currency other than Euro when translating their accounts into EUR for the purpose of FINREP reporting?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/451 – ITS on supervisory reporting of institutions
  • ID: 2023_6895
  • Topic: Supervisory reporting - FINREP (incl. FB&NPE)
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Semi-annual reporting on the total amount of exposures to infrastructure project entities acc. to Art 501a (3)

Is the reporting on exposures to infrastructure project entities acc. to Art. 501a (3) covered by the existing CoRep forms? If not, in which form, granularity and ways institutions should report on the semi-annual basis on those exposures? 

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/451 – ITS on supervisory reporting of institutions
  • ID: 2023_6846
  • Topic: Supervisory reporting - Other
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Template 3 / Maturity of alignment targets

Template 3 requires information that is different from what banks have committed to disclose under their voluntary net zero commitments (for EU banks which are NZBA signatories): sectors are different, banks can use other benchmark net zero scenarios than the IEA NZE2050 and targets are due every 5 years under NZBA (vs. 3 years rolling at every reporting period in the ITS). Are new shorter-term targets expected to be set within the 5-year target period, or can banks report what they have indeed committed to through NZBA?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/637 - ITS with regard to disclosures of information referred to in Titles II and III of Part Eight CRR
  • ID: 2023_6844
  • Topic: Transparency and Pillar 3
  • Date of submission:
  • Published as Rejected Q&A: 22/12/2023

Inaccurate Measurement of the threshold “total annual gross revenue from investment services and activities of the investment firm” in the ITS on reporting for Investment Firms.

Is it correct that the calculation of the threshold “total annual gross revenue” in row 0110 of template I 05.00 of Annex II of the commission implementing regulation (EU) 2021/2284 includes the revenues stemming from the MiFID Ancillary Services listed in rows 0230 to 0290 even though the corresponding definition of this threshold in article 12 (1) (i) of the IFR is explicitly referring to “total annual gross revenue from investment services and activities of the investment firm” and therefore doesn’t include any revenues stemming from such ancillary services?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2021/2284 - ITS on Reporting
  • ID: 2023_6697
  • Topic: Supervisory reporting - Other
  • Date of submission:
  • Published as Rejected Q&A: 19/12/2023