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Legal requirements for the authentication procedure when SCA exemptions are applied for remote payment transactions

What are the legal requirements for the type of authentication procedure used when conditions for the application of of Strong customer authentication (SCA) exemption for remote payment transactions are fulfilled?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication

ID: 2020_5673 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 28/12/2020

How to use bank guarantees instead of PII

Is it acceptable to use third party (other than credit institutions) commitments that are covered by a guarantee from a credit institution as a comparable guarantee instead of professional indemnity insurance (PII)?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2017/08 - Guidelines on the criteria on how to stipulate the minimum monetary amount of the professional indemnity insurance

ID: 2020_5335 | Topic: Monetary amount of the professional indemnity insurance | Date of submission: 27/06/2020

Card payments - acquirer

If an acquirer is not able to distinguish whether a card used for a payment is a card with an e-money function, is the acquirer required to report transactions with such cards under the EBA Guidelines on fraud reporting, and if so, under what breakdown?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2018/05 - EBA Guidelines on fraud reporting under PSD2 (amended by EBA/GL/2020/01)

ID: 2019_5045 | Topic: Fraud reporting | Date of submission: 13/12/2019

Chip and Signature cards and their inclusion in the remit of RTS Article 11

Is cardholder signature a strong method of authentication when transacting with card present?If so, is there a requirement to ensure that on Chip and Signature cards we step up to signature from contactless after 5 contactless /cumulative value of 150 euros?If a signature is not considered to be strong customer authentication (SCA), are chip and signature cards exempt from SCA requirements under Article 11 of the RTS on strong customer authentication and secure communication?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication

ID: 2018_4342 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 24/10/2018

Trusted Beneficiaries

Article 13 of the RTS on strong customer authentication (SCA) and secure communication does not seem to restrict the use of trusted beneficiaries beside the fact that the payee must be in the list of trusted beneficiaries when initiating the payment transaction. Is it correct to conclude from this that the usage of trusted beneficiaries is not further restricted and can, therefore, also be implemented as a generic beneficiary approval step prior to every initiation of a payment transaction?

Legal act: Directive 2015/2366/EU (PSD2)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication

ID: 2018_4338 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 24/10/2018

NPE calculations of NPE workout options

Should the NPV calculations that paragraph 143 of the EBA Guidelines on management of non-performing and forborne exposures describes be performed with a risk adjusted discount rate, i.e. the original effective interest rate should not be used for these calculations?

Legal act: Directive 2013/36/EU (CRD)

COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2018/06 - Guidelines on management of non-performing and forborne exposures

ID: 2019_4814 | Topic: Credit risk | Date of submission: 02/07/2019

Scope of the Covered Bond Exemption as set out in Article 30 of the Margin Rules.

Does the exemption in Article 30 of the Margin Rules concerning OTC derivatives concluded in connection with covered bonds apply where the conditions in Article 30.2 are satisfied in respect of all such covered bonds or only to those covered bonds that are issued by credit institutions that have their registered office in the European Union and which are subject to special public supervision designed to protect bond holders?

Legal act: Regulation (EU) No 648/2012 (EMIR) - only RTS 2016/2251

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2016/2251 - RTS on risk mitigation techniques for OTC derivatives not cleared by a central counterparty (CCP)

ID: 2017_3511 | Topic: Market infrastructures | Date of submission: 04/09/2017

FINREP Payment services Template 22.2

The definition of Payment services has been updated in the FINREP DPM 2.9.2. Can the information asked in template 22.2 row 120 Payment services be removed?

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 (as amended)

ID: 2020_5399 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 31/07/2020

Contingent encumbrance

For Scenario A of Contingent Encumbrance reporting template F34.00, should the 30% decrease in value be assumed for the instrument that is encumbered, or should it be considered whether such an instrument itself has underlying values for which the 30% decrease in value should be assumed?

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 (as amended)

ID: 2020_5359 | Topic: Supervisory reporting - Asset Encumbrance | Date of submission: 09/07/2020

Validation Rule on C 09.02 Template - V4787

Is validation rule v4787 correct?

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 (as amended)

ID: 2020_5338 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 30/06/2020

Reporting of International Organizations not treated as sovereign in template C43

Should exposures to International Organizations not treated as sovereign be included in Row 160 of template C43?

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 (as amended)

ID: 2020_5309 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 16/06/2020

Fair value changes of the hedged items in portfolio hedge of interest rate risk in Prudent Valuation

How should fair value changes of the hedged items in portfolio hedge of interest rate risk be reported in the context of Prudent Valuation in COREP C 32.01?

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 (as amended)

ID: 2020_5303 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 15/06/2020

Reporting of positions in a securitisation that has not achieved SRT in C14.01.

It is not clear whether these positions should be reported in C14.01, or under which approach.

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 (as amended)

ID: 2020_5252 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 13/05/2020

EBA/ITS/2020/05 - COREP 35.03, p.72, EBA analysis

If an exposure shall be reported for more than 12 months in template 35.03, would the advantageous coverage factor according to Art. 47c (6) be applied for more than 12 months?

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 (as amended)

ID: 2020_5510 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 22/09/2020

Number of Collateral obtained by taking possession, F 25.02.b - Collateral obtained by taking possession other than collateral classified as Property Plant and Equipment (PP&E)

How to calculate the number of collaterals obtained in case of securities? Should it be the number of issues or the number of securities within the issue?

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 (as amended)

ID: 2020_5248 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 13/05/2020

EBA/ITS/2020/05 - COREP-Template 35.03

We kindly ask for clarification which exposures shall be reported in template C 35.03. Do we interpret correctly that only those exposures shall be reported which fulfill the following conditions (of Art. 47c (6)): a) only one forbearance measure was granted after the classification as non-performing of the account b) this first forbearance measure was granted during the 2nd year of classification as non-performing if related to the unsecured part of the exposure/account c) this first forbearance measure was granted during the 3 - 6 year of classification as non-performing if related to the secured part of the exposure/account d) the (first) forbearance measure was granted during the last 12 months

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 (as amended)

ID: 2020_5509 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 22/09/2020

FinRep Table 26: Loans and advances to which forbearance measures were granted in addition to already existing forbearance measures

It is unclear if the following exposures have to be reported in row 120 of template F 26.00: - Example A : an exposure was classified as non-performing with forbearance measures and fulfilled all required exit criteria mentioned in paragraph 231. During the 2 year probation period mentioned in paragraph 256 the exposure is granted an additional forbearance measure. At the reference date the exposure is classified as non-performing because the new forberance measure has been extended to a performing forborne exposure under probation that has been reclassified out of non-performing category (according to paragraph 260). - Example B : a performing exposure is granted a forbearance measure. During the 2 year probation period the exposure is granted an additional forbearance measure. According to Q&A 2014_736 the exposure shall not be automatically reclassified into the "non-performing forborne" category and then at the reference date the exposure is classified as performing. - Example C: a performing exposure is granted a forbearance measure. During the 2 year probation period the exposure is granted an additional forbearance measure. According to Q&A 2014_736 the exposure shall not be automatically reclassified into the "non-performing forborne" category. Nevertheless, if the bank considers that there exist some conditions of "unlikeliness to pay", the exposure A shall be reclassified into the "non-performing forborne" category. Then at the reference date the exposure is classified as non-performing.

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 (as amended)

ID: 2020_5239 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 08/05/2020

Failed XBRL rule v5713_s: [F 46.00 (r100;110;140, c010;020)] {F 46.00}

Can we keep our reporting for 2019 as it is and will row 130, column 20 be opened for this purpose? We think that this is correct presentation.

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 (as amended)

ID: 2020_5301 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 12/06/2020

Reporting of margins in C34.02 and in C34.08 under OEM and simplified SA-CCR methods

According to dpm3.0 in the current version, collateral that was taken into account in the calculation of the CCR exposure, must be shown in form C34.02 in columns 0060-0090. The columns 0060-0090 are grayed out for OEM. These margins are to be shown in more detail in form C34.08. The question: within the scope of the calculations according to Art. 282 (OEM) and Art. 281 (simplified SA-CCR), the margins are covered in the formula of replacement costs (RC = TH + MTA). The margins therefore generally have no direct impact on the calculated assessment basis. That is why the margins are not to be reported: - in columns 0060-0090 of form 34.02 for simpl. SA-CCR analogous to OEM and - in form 34.08 for both methods (simplified SA-CCR and OEM). Is this assumption correct?

Legal act: Regulation (EU) No 575/2013 (CRR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Draft ITS on Supervisory Reporting of Institutions

ID: 2020_5508 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 22/09/2020

Validation rule eba_v6295_m

When a just established bank has nothing to report yet in the Corep and therefore reports a nil report, two validation rules fails: validation rules eba_e4887_e and eba_e4888_e. This concerns two cells r850 and r860 on C04.00 that should be filled. After filling in a zero in these cells the two validation rules do not appear anymore, but a new validation rule is failing now: eba_v6295_m ([C 04.00 (r860)] {c010} > 0 and {c010} != empty). Apparently a zero is not permitted. Is it possible to change the validation rule to greater to or equal to zero?

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 (as amended)

ID: 2020_5120 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 12/02/2020