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List of Q&A's

Duplicate ICT Incident Reporting

Is duplicate incident reporting via the ECB SSM Cyber Incident Reporting Framework required, alongside DORA incident reporting under Article 19?

Legal act: Regulation (EU) No 2022/2554 (DORA)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Exemption for Non-EU ICT Intra-group Service Providers

Is it accurate to interpret that an ICT intra-group service provider established outside the EU (non-EU country), providing critical services to an EU-based financial institution (parent undertaking), falls within the exemption outlined in Article 31(8) of DORA, thereby exempting the need for establishing a subsidiary within the EU?

Legal act: Regulation (EU) No 2022/2554 (DORA)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Critical Services Affected

Article 6 of the Delegated Act on the Classification of Major Incidents states that: "For the purpose of determining the criticality of the services affected as referred to in Article 18(1), point (e), of Regulation (EU) 2022/2554, financial entities shall assess whether the incident:(a) affects or has affected ICT services or network and information systems that support critical or important functions of the financial entity;(b) affects or has affected financial services provided by the financial entity that require authorisation, registration or that are supervised by competent authorities;(c) constitutes or has constituted a successful, malicious and unauthorised access to the network and information systems of the financial entity." Can you confirm please that ALL three of the components are cumulatively required to trigger the criteria on Critical Services Affected?

Legal act: Regulation (EU) No 2022/2554 (DORA)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Interest flows

Interest flows for retail on sight accounts (without contractual maturity)

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

Translation risk when calculating total own fund requirements on consolidated basis using the reporting currency of the consolidated institution

How should the overall own funds requirements be calculated in a consolidated situation for institutions or undertakings, for which Art. 325b(4)(b) CRR applies, i.e. if different institutions or undertakings of the group use different currencies other than the reporting currency of the group?

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

Calculation of the net open position for capital requirements for structural FX risk

In the context of article 352.2, in relation with the consolidated capital calculation for FX risk,  the historical cost at solo basis must be taking into account or not?

Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2020/09 - Guidelines on the treatment of structural FX under Article 352(2) of CRR

Offsetting position among all group entities without the permission of 325b

In the context of article 352, when an institution is following a strategy of hedging the consolidated CET1 ratio (as opposed to hedge at solo level) and has been granted the waiver in art 352.2 at a consolidated level but when the permission in article 325b is not granted: Is it necessary to have the netting permission of Article 325b granted to take into account shorts open position in a subsidiary to calculate the structural FX position at consolidated level, for the waiver application purposes? 

Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2020/09 - Guidelines on the treatment of structural FX under Article 352(2) of CRR

Consideration of additional items in the calculation of the net open position or maximum net open position

In the context of art 352 (2) the calculation of the net open position  or maximum net open position in the context of Structural FX framework should take into consideration items affecting the capital ratio but not directly related to assets, liabilities or off-balance items such Additional Value adjustment or minority interests denominated in FX currency? 

Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2020/09 - Guidelines on the treatment of structural FX under Article 352(2) of CRR

Perfectly matched back-to-back bought and sold options under market risk capital requirement - sensitivities-based method for calculating the own funds requirement.

In accordance with Article 325e of Regulation (EU) No 575/2013 (CRR), all the positions of instruments with optionality (among others: calls, puts, caps, floors, swap options, barrier options and exotic options) shall be subject to the own funds requirements for: a) delta risk b) vega risk c) curvature risk. According to Q&A Q&A 2571 published on 11th November 2016, perfectly matching options should not be subject to own funds requirements for market risk. Does this also apply to the sensitivities-based method for calculating the own funds requirement for market risk specified in CRR2/CRR3? If yes, does it mean that perfectly matched back-to-back bought and sold options can be excluded from the calculation of the own funds requirement for market risk under sensitivities-based method (delta, vega and curvature risk)?

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

Template 8 – GAR (%)

In "Annex XL - Instructions for disclosure of ESG risk", the denominator of column "Proportion of new assets funding taxonomy relevant sectors" in Template 8 - GAR (%) "shall be the gross carrying amount of new covered assets from those assets, as defined in the instructions corresponding to column ‘a’ of Template 7". But in the document "Annex I - KPIs for credit institutions (Article 8 Taxonomy)" from EBA advises the Commission on KPIs for transparency on institutions’ environmentally sustainable activities, including a green asset ratio | European Banking Authority (europa.eu), the column "Proportion of new assets funding taxonomy relevant sectors" (sheet "4. GAR KPIs flow") has formulas with a difference of stocks in the denominator. What should be considered in the denominator? The gross carrying amount of new covered assets or the difference between gross carrying amount in current disclosure period (t) and previous disclosure period (t-1)? If it is "new covered assets", what exactly does it mean? Are these the exposures considered in current disclosure period (t), but not in previous disclosure period (t-1)?

Legal act: Regulation (EU) No 575/2013 (CRR)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2022/2453 - ITS on ESG disclosures

Taxonomy 3.2: Is the validation rules v6576_s consistent for fair-value in short position disclosed in the cell C32.03, row 0010, 0020 and 0030, columns 0220 ?

Taxonomy 3.2: Is the validation rule v6576_s consistent for fair-value in short position reported in the cells C 32.02, rows 0010, 0020 and 0030, column 0220 ?

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

Components included in total gross annual earnings used for the calculation of gender pay gap

Should overtime pay awarded to staff members be included in their total gross annual remuneration for the purposes of calculating the gender pay gap? 

Legal act: Directive 2013/36/EU (CRD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2021/04 - Guidelines on sound remuneration policies under CRD (repealing EBA/GL/2015/22)

Simple Transparent and Standardised securitisation

How does the value-weighted average referred in Article 243.2.b)i) of CRR should be calculated?Should we:Option A: calculate first a “Loan to Value” average and then map it to the applicable value-weighted average according to CRR or;Option B: calculate a risk weighted average calculated from each exposure multiplied by its corresponding risk weight divided by the sum of the total exposure value?

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

Card data (PAN) to be returned in AISP calls

Does the ASPSP have to return the card number (PAN) attached to a fetched payment account in case the user can access this data during a standard session with its ASPSP in the direct internet banking interface? In case of "YES", does the TPP that is fetching this data have to be PCI DSS certified, since this data has to be encrypted based on the PCI DSS requirements? Moreover, could be the "card number (PAN)" considered sensible, since it could be potentially used for fraud?

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

Identify when EMD2 needs to be applied to vouchers/gift cards issued by an electronic money institution.

Do vouchers/gift cards issued by an electronic money institution (EMI) to top-up an e-money account (managed by the EMI itself) in order to purchase on an e-commerce platform: i) goods and services sold directly by companies belonging to the same corporate group of the EMI (thus falling out of the scope of PSD2, encompassing the exemption provided for intra-group transactions in Article 3(1)(n) of the PSD2); ii) goods and services of third-party merchants, have to be qualified as e-money at the time of issuing (i.e. sale) or - given the possible indefinite use of the funds - they acquire that status only at the moment they are used to purchase goods and services from third-party merchants on the e-commerce platform?

Legal act: Directive 2009/110/EC (EMD)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Payment account

What is the difference between payment account, e-money account and a bank account (account held at the credit institution) in terms of allowed transactions? Is it possible to hold funds on a payment account to make future payment transactions?Is it possible to receive the salary on a payment account, if this account is not an e-money account or an account held by a credit institution, which constitute a deposit or other repayable fund?

Legal act: Directive 2015/2366/EU (PSD2)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

The definition of payment services and in particular the definition of execution of payment transaction in relation to netting centers

1. Is an (international) non-profit association, acting as netting centre in the framework of a multilateral netting agreement entered into between its members, that receives and forward funds to and from its members through a bank account opened in its name deemed to carry out payment services falling within the scope of Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ('PSD2') (e.g. the execution of payment transaction or money remittance)?2. If the netting center is deemed to carry out payment services, can the netting centre rely on exclusion of Article 3(n) of PSD2, i.e. 'payment transactions and related services between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group'?

Legal act: Directive 2015/2366/EU (PSD2)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Exclusion of cash withdrawal services from PSD2

If a provider offers cash ATM withdrawal services, not acting on behalf of one or more card issuers but rather through an agreement with the main payment circuits, shall this type of provision be considered exempt from the PSD2?  

Legal act: Directive 2015/2366/EU (PSD2)
COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

Unterstützungsfaktor für Infrastrukturprojekte - Supporting factor for infrastructure projects

Können sowohl der in Artikel 501 CRR genannte Faktor zur Unterstützung von KMU als auch der in Artikel 501a CRR genannte Faktor zur Unterstützung von Infrastruktur auf eine Risikoposition angewandt werden?Can the supporting factor for SMEs referred to in Article 501 CRR and the infrastructure supporting factor referred to in Article 501a CRR both be applied to an exposure?

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

Treatment of two-leg derivatives with respect to rate type and currency

What is the expected representation for two-legs derivatives in the templates "BREAKDOWN OF SENSITIVITY ESTIMATES (J 02.00, J 03.00 and J 04.00)" and REPRICING CASH FLOWS (J 05.00, J 06.00 and J 07.00)?

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

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