EBA · 2014_1015 Final Q&A

Performing FBE

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
99, para. 4
Topic
Supervisory reporting - FINREP (incl. FB&NPE)
Submitted by
Consultancy firm
Submitted
2014-03-26
Answered
2015-10-02
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

In our view, “both” (not “either”) of the conditions a) and b) in paragraph 178 must be met. Do you agree?

Background

If just one of the conditions has to be fulfilled, a non-performing exposure for which a forbearance measure is extended would immediately be considered as performing, if the additional forbearance measure does not lead to impairment or default. And vice-versa: if the exposure has been performing prior to the extension of themeasure, it would continue to be considered performing even if the FBE-measure led to default or impairment. These results do not appear plausible.

Answer

For the purposes of par. 178 of Annex V of Regulation (EU) No 680/2014 - ITS on Supervisory Reporting of institutions (ITS), both the conditions a) and b) have to be met in order to classify a forborne exposure as performing from the date when forbearance measures were extended. The requirement for the both conditions to be met stems from the articulation of paragraph 178 with paragraphs 157 of the ITS:- If an exposure is extended forbearance measures without this leading to the classification of non-performing (condition a is satisfied) but this exposure was already non-performing before the extension of forbearance measures (condition b is not satisfied): paragraph 157 precludes the reclassification of the forborne exposure as performing until specific conditions are met- If an exposure is extended forbearance measures without being already non-performing (condition b is met) but this extension has lead such exposure to be classified as "non-performing" (condition a is not satisfied): the exposure cannot exit the classification of non-performing forborne without meeting the requirements in paragraph 157 (which applies to all non-performing exposures with forbearance measures according to Q&A 735)

Original source: European Banking Authority, Q&A ID 2014_1015

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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