EBA · 2014_1505 Final Q&A

On-balance sheet netting and exemption from the Large Exposures limits - question 1

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
395, 400, para. 1, (1)(g)
Topic
Large exposures
Submitted by
Individual
Submitted
2014-10-01
Answered
2015-02-06
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Are on-balance sheet (OBS) netting agreements, where both legs are denominated in different currencies, exempted from the application of Article 395(1) of Regulation (EU) No 575/2013 (CRR)??

Background

Article 400, last sentence, mentions that “loans and deposits of a counterparty to or with the institution which are subject to an on-balance sheet netting agreement recognised under Part Three, Title II, Chapter 4 shall be deemed to fall under point (g)”. Chapter 4 of Title II, Part Three applies, under the Simple Method, a more punitive treatment (20% RW floor) to OBS netting when both legs are denominated in different currencies. Is it correct to consider that, although from a solvency perspective, there is no full recognition of “OBS netting” when legs are denominated in different currencies, transactions subject to OBS netting are fully recognized for Large exposure purposes and thus fully exempted from the application of the large exposure limits (articles 400 and 395(1))?

Answer

Loans and deposits which are subject to an on-balance sheet netting agreement recognised under Part Three, Title II, Chapter 4 are deemed to fall under Article 400(1)(g) of Regulation (EU) No 575/2013.  All provisions referring to on-balance sheet netting agreements under Part Three, Title II, Chapter 4 are relevant for the recognition of the exemption under Article 400(1)(g)of the CRR. The exception to the abovementioned article is that the exemption must fulfil the general requirements for the recognition of credit risk mitigation techniques under Part Three, Title II, Chapter 4 of the CRR. In particular, Articles 195 and 219 of the CRR limit on-balance sheet netting to reciprocal cash balances denominated in the same currency between an institution and its counterparty that are subject to an on-balance sheet netting agreement. This exception is without prejudice to the rights of set-off associated with other transactions subject to an enforceable master netting arrangement as specified in Article 196 of the CRR. On-balance sheet netting agreements, where both legs are denominated in different currencies are therefore not included in the exemption under Article 400 (1)(g) of the CRR. See also Q&A 2014_1508 .

Original source: European Banking Authority, Q&A ID 2014_1505

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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