EBA · 2014_1017 Final Q&A

Exit Criteria NPE

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

The exit criteria described in No. 157 “shall apply in addition to the criteria applied by reporting institutions for impaired and defaulted exposures”. Does that pose any further requirement other than ‘the exposure is not in default’ and ‘the exposure is not impaired’?

Background

156 a), 157 a) and 157 last sentence use very different wording, yet the resulting requirements seem to be the same in all 3 cases (for 156 (a) this is only valid for EU-countries that define ‘default’ when an amount is 90 dpd without any exemptions for loans secured by certain types of real estate).

Answer

The category of non-performing exposures can be broader than the category of defaulted or impaired exposures. Defaulted or impaired exposures are mandatorily considered as non-performing but non-performing exposures need not be impaired or defaulted. As a consequence, an exposure cannot exit the non-performing category as long as it is considered as defaulted or impaired, as stated in paragraph 156a of Annex V of Regulation (EU) No 680/2014 - ITS on Supervisory Reporting of institutions (ITS) and that exposure can remain classified as non-performing although it is not considered as defaulted or impaired anymore, when requirements in paragraph 156a are met but not those in paragraph 156b or 156c. Paragraph 157 regulates the conditions for the discontinuation of the non-performing classification for non-performing exposures with forbearance measures (non-performing forborne exposures). These non-performing forborne exposures encompass exposures which have become non-performing due to the application of forbearance measures; exposures which were non-performing prior to the extension of forbearance measures; forborne exposures which have been reclassified from the performing category, including exposures reclassified in application of paragraph 179. Non-performing forborne exposures have to meet specific criteria before seeing their classification as non-performing discontinued. In addition to not being considered as defaulted, impaired or non-performing, these exposures should also satisfy the criteria laid down in paragraphs 157b and 157c. A non-performing forborne exposure is not considered as defaulted or impaired by the institution could still be considered as non-performing forborne if it does not also fulfil all the other criteria in paragraph 157.

Original source: European Banking Authority, Q&A ID 2014_1017

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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