EBA · 2014_1018 Final Q&A

Start of Probation Period

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
2015-01-16
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

For exiting the non-performing category Art. 17 no. 157 requires that one year has passed since the forbearance measures were extended. Does that mean that, a) the probation period starts already at the date of the forbearance measure. b) The probation period starts only when the exposure is no longer considered impaired or defaulted.

Background

Interpretation b) would (significantly) increase the probation period in cases when default/impairment statuses do not end with the FBE-measure. This would give an incentive to grant more generous forbearance measures.

Answer

For the purposes of Art. 17 par. 157 (b) of the draft ITS on Supervisory reporting regarding exit criteria of non-performing exposures with forbearance measures, the one year cure period starts running since the date when the forbearance measures were extended. For the sake of completeness, it should be pointed out that according to Art. 17 par. 176, a minimum 2 year probation period starting as soon as the exposure is considered as "performing", is required in order to exit from the forborne category. Therefore non performing forborne exposures shall stay in the forborne exposure category for at least 3 years (1 year at least in the non-performing forborne exposure category for the cure period stated by Art. 17 par. 157 (b) and 2 years at least in the performing forborne exposure category for the probation period required by Art. 17 par. 176).

Original source: European Banking Authority, Q&A ID 2014_1018

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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