List of Q&As

Association of personalised security credentials to the payment service user

Should strong customer authentication (SCA) elements always be issued under control of the Account service Payment Services Provider (ASPSP)?

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: 2021_6141 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 06/08/2021

Assets encumbered for a residual maturity of one year or more in a cover pool funded by Covered bonds for NSFR purposes

Does the 85 % required stable funding factor apply to assets encumbered for a residual maturity of one year or more in a cover pool funded by Covered bonds issued directly in the market, as well as to the assets underlying self-issued Covered bonds used as collateral for long term ECB funding or SFT with the market?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6096 | Topic: Liquidity risk | Date of submission: 16/07/2021

Calculation of own funds requirements for operational risk under BIA

Under the Basic Indicator Approach used to calculate own funds requirements for operational risk, how should the interest revenues from impaired loans be considered in the calculation of the Relevant Indicator (RI), namely, on the gross carrying amount of the loans or on the net amount i.e. after the deduction of the result on specific provisions or impairment losses for interest on impaired loans?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6092 | Topic: Operational risk | Date of submission: 16/07/2021

Intermediate Parent Undertaking

Which authority is competent for allowing institutions to have two IPUs under Article 21b(2) CRD?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6088 | Topic: Other issues | Date of submission: 14/07/2021

Residual contractual maturity date applicable to commercial paper issued under a commercial paper program with a firm underwriting commitment to rollover

What should be the residual contractual maturity applicable to commercial paper issued under a commercial paper program with a firm underwriting commitment to rollover?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6087 | Topic: Liquidity risk | Date of submission: 13/07/2021

ASF applicable to current tax liabilities in the NSFR

What should be the available stable funding factor applicable to current tax liabilities?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6086 | Topic: Liquidity risk | Date of submission: 13/07/2021

ASF applicable to payables (accruals) in the NSFR

What should be the available stable funding factor applicable to payables (accruals)?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6085 | Topic: Liquidity risk | Date of submission: 13/07/2021

Definition of parent undertaking for the purposes of CRR

Can an undertaking for which Directive 2013/34/EU (the “Accounting Directive”) does not apply be considered a parent undertaking for the purposes of CRR?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6082 | Topic: Own funds | Date of submission: 09/07/2021

Deduction of software assets from Common Equity Tier 1 capital (hereinafter CET1) for investment firms of Class 2 and Class 3

Is it appropriate to apply Article 13a of Commission Delegated Regulation (EU) No 241/2014, amended by Commission Delegated Regulation (EU) 2020/2176, regarding the deduction of software assets from CET1 to investment firms of Class 2 and Class 3, taking into account that the mentioned investment firms are not subject to the application of provisions established in Art. 113(5) and Art. 156 of the CRR, i.e. to apply 100% of risk weight to the portion of the carrying amount of software that is not deducted from CET1?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions

ID: 2021_6079 | Topic: Own funds | Date of submission: 07/07/2021

Information on the host member State in which Third Party Providers (TPPs) provide services

If a payment institution, in the specific form present in the EBA register under PSD2, presents an EU passport, does this mean that the Third Party Provider (TPP) is authorised to operate for the services indicated in all EU countries?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) 2019/411 - RTS on EBA register under PSD2

ID: 2021_6078 | Topic: Central register of the EBA | Date of submission: 06/07/2021

Confirmation of Funds (CoF) request by a PISP in case of batch processing system

With respect to confirmation of funds request made by a Payment Initiation Service Provider (PISP), in the event that the Account Servicing Payment Service Providers (ASPSP) makes use of a batch processing system, should the ASPSP take into account batches that are in the queue waiting to be processed at the point when the fund confirmation request is made?

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: 2021_6077 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 06/07/2021

Calculation of the exposure value of regular-way purchases and sales awaiting settlement

Should a Regular Way operation (under settlement date accounting and DVP) that doesn't have an underlying security but mere currency be reported in row 188? In other words, is the presence of a security mandatory to qualify what has to be reported in rows 188/189?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6066 | Topic: Leverage ratio | Date of submission: 01/07/2021

Treatment of an institution’s investments into EU AIF managed by a non-EU AIFM and into closed-ended CIUs

Should not the investment of an institution into a closed-ended CIU which has been marketed in accordance with Article 42 of AIFMD, but is not marketed anymore due to the end of its marketing phase, remain eligible to apply the look-through to the underlying exposures of the CIU, provided the other relevant conditions for looking-through continue to be met?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6057 | Topic: Credit risk | Date of submission: 28/06/2021

Asset encumbrance in the NSFR

How to determine the residual maturity of the encumbrance in a cover pool if it derives from tranches with different maturity?

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: 2021_6055 | Topic: Liquidity risk | Date of submission: 24/06/2021

Calculation of past due days

a. Shoud materiality threshold be used in a Template 7.01? b. If in a Template 7.01 materiality threshold shouldn't be used, can we have for same exposure differently reported past due time buckets in templates 7.01 and 18.00?

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: 2021_6050 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 23/06/2021

Calculation of NPV loss in case of (internal) refinancing

For the calculation of the NPV loss for the 1% threshold, two options are possible:  A/ calculate the total NPV loss (= for the new market interest rate and the prolongment)  B/ calculate the NPV loss for the concession only (= in this case the prolongment of the duration)  Which NPV loss should be taken in order to calculate if the 1% threshold is breached and the forborne loan contract should be placed in default?

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

COM Delegated or Implementing Acts/RTS/ITS/GLs: EBA/GL/2016/07 - Guidelines on the application of the definition of default under Article 178 CRR

ID: 2021_6045 | Topic: Credit risk | Date of submission: 21/06/2021

Re-engineering by TPP of the ASPSP’s redirect API and PSU customer journey

May a Payment Initiation Services Provider (PISP) connect to the dedicated interface of the ASPSP, only to subsequently embed (“screen scrape”) the redirection approach into their own environment, without redirecting the PSU to the ASPSP’s mobile banking app, for authentication? 

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: 2021_6044 | Topic: Strong customer authentication and common and secure communication (incl. access) | Date of submission: 21/06/2021

Template Design

F12.1a – Movements in allowance and provisions for credit losses The EBA has introduced a new section for ‘Allowances for purchased or originated credit-impaired financial assets’ (row references r600-r750) with granular sub-sections for ‘Debt Securities’ and ‘Loans and Advances’, broken down by industry classification. This new section has the existing column for ‘Increases due to origination and acquisition’ (column reference c020) greyed out: This greying out of column c020 means that no data can go into the column for the Purchased / Originated Credit Impaired Assets. We believe this is an error in the design of the template as a bank, if we were to procure credit impaired financial assets from an outside third party or to write credit impaired facilities to potential new / existing customers, we would expect to report these balances against column c020 ‘Increases due to origination and acquisition’. Can you please share your thoughts in terms of the rationale behind blocking c020 for the POCI rows r600-r750 and advise how we should proceed in the event we have to report these balances in future submissions?  

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: 2021_6043 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 21/06/2021

Reporting of IRB exposures in the form of units or shares in Collective Investment Undertakings (CIUs) treated under the Fall-Back Approach (FBA)

When applying the credit risk IRB approach, in which template and field shall institutions report exposures in the form of units or shares in CIUs treated under the new FBA (pursuant to Article 152(6) CRR)?

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

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

ID: 2021_6040 | Topic: Supervisory reporting - COREP (incl. IP Losses) | Date of submission: 17/06/2021

Template F 22.02: Assets involved in the services provided

Third party investment products distributed by an institution should be reported under “Assets Management” (F 22.02, r0010, c0010), “Custody Assets” (F 22.02, r0060, c0010) or “Customer resources distributed but not managed” (F 22.02, r0130, c0010)?

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: 2021_6036 | Topic: Supervisory reporting - FINREP (incl. FB&NPE) | Date of submission: 15/06/2021