EBA · 2013_252 Final Q&A

Maturity matching

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
45, 59, 69, para. a, a, a
Topic
Own funds
Submitted by
Industry association
Submitted
2013-09-16
Answered
2014-10-10
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Articles 45(a), 59(a), 69(a) of Regulation (EU) No 575/2013 (CRR) each include a condition that “the maturity of the short position matches the maturity of the long position or has a residual maturity of at least one year”, in order for the short position to be recognized for the calculation of the net long position. Please confirm that maturities are deemed to match for the purposes of these provisions where the maturity of the short position is greater than the maturity of the long position. Where the maturity of the short is greater than the maturity of the long the institution will only ever be left with a net short position (economically a forward starting short), all things being equal, and should not therefore have to take a deduction.

Background

The approach we propose has been taken in the US in implementing Basel III. We believe there should be global consistency in the application of these deductions, particularly as the US is another key jurisdiction in which the business affected by this rule is undertaken.

Answer

Where Articles 45(a), 59(a) and 69(a) of Regulation (EU) No 575/2013 (CRR) refer to the condition that the maturity of the short position matches the maturity of the long position, this should be read so as to include cases where the maturity of the short position is longer than the maturity of the long position. DISCLAIMER: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Internal Market and Services) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2013_252

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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