EBA Guidelines On DoD 2016-07

EBA/GL/2016/07
28/09/2016
Final Report
Guidelines on the application of the definition of default under

Article 178 of Regulation (EU) No 575/2013
FINAL REPORT ON THE APPLICATION OF THE DEFINITION OF DEFAULT
Contents
1. Executive Summary 3
2. Background and rationale 4
3. Draft guidelines 16
4. Accompanying documents 46
4.1 Impact assessment 46
4.2 Views of the Banking Stakeholder Group (BSG) 69
4.3 Feedback on the public consultation and on the opinion of the BSG 71
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1. Executive Summary
Article 178 of Regulation (EU) No 575/2013 (Capital Requirements Regulation – CRR) specifies the
definition of default of an obligor that is used for the purpose of the IRB Approach according to
Chapter 3 of Title II in Part Three of the CRR as well as for the Standardised Approach in line with
Article 127 of the CRR. In this regard, Article 178(7) of the CRR mandates the EBA to specify
guidelines on the application of this Article. Consequently these guidelines specify all aspects
related to the application of the definition of default of an obligor.
The EBA has identified differing practices used by institutions as regards the definition of default.
Consequently these guidelines provide detailed clarification on the application of the definition of
default, which includes aspects such as the days past due criterion for default identification,
indications of unlikeliness to pay, conditions for a return to non-defaulted status, treatment of the
definition of default in external data, application of the default definition in a banking group and
specific aspects related to retail exposures. The EBA considers this harmonisation necessary in
order to ensure a consistent use of the definition of default and to ensure that a harmonised
approach is taken across institutions and jurisdictions. As a result the guidelines will increase
comparability of risk estimates and own funds requirements, especially when using IRB models,
and will help reduce the burden of compliance for cross-border groups – thus reducing overall
RWA variability across institutions.
The EBA performed a qualitative and quantitative assessment of the potential impact of these
guidelines on institutions’ capital requirements. The results indicate that, although the overall
level of capital requirements should not change significantly, the dispersion of the impact of some
policy proposals across individual institutions is broad and hence some institutions will be more
significantly affected than others.
It is expected that the implementation of these guidelines may require significant effort and
resources of some institutions. In particular, for those institutions that use the IRB Approach and
where the default definition will change significantly the implementation of the necessary
adjustments may require some time. In order to facilitate the implementation of the changes in
the default definition, as a result of either these guidelines or any other changes that may be
necessary, these guidelines also consider the implementation process and consequently propose
to implement the guidelines only after a phase-in period.
Next steps
The guidelines will be translated into the official EU languages and published on the EBA website.
The deadline for competent authorities to report whether they comply with the guidelines will be
two months after the publication of the translations. The guidelines will apply from
1 January 2021, but the EBA encourages institutions to implement the changes prior to this date
in order to build the necessary time series.
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2. Background and rationale

The definition of default was introduced by Directive 2006/48/EC of 14 June 2006 (part of what was
known as the Capital Requirements Directive – CRD), later replaced by Regulation (EU) No 575/2013
(CRR). The definition of default of an obligor specified in Article 178 of the CRR includes, inter alia,
the days past due criterion for default identification, indications of unlikeliness to pay, conditions for
a return to non-defaulted status and treatment of the definition of default in external data. However,
in the absence of specific rules on these and other aspects of the application of the definition of
default various approaches have been adopted across institutions and jurisdictions. As a
consequence a wide range of practices has been observed. In order to harmonise the approach the
EBA has been mandated in Article 178(7) of the CRR to specify guidelines on the application of this
Article.
In the majority of jurisdictions specific rules have been adopted concerning the counting of days past
due and the application of the materiality threshold. However, the existence of specific rules on
other aspects of the definition of default is much less common. In effect, institutions have
established their own detailed rules for the identification of default based on their experience and
portfolio characteristics, resulting in a substantial variation in these practices across institutions. This
is consequently a driver of the variability of risk estimates and capital requirements, and therefore
reduces comparability of these measures across institutions.
The definition of default influences own funds requirements both under the IRB Approach and under
the Standardised Approach. In the case of the IRB Approach it is the basis for estimation of risk
parameters and therefore influences risk weights and expected loss calculation for both defaulted
and non-defaulted exposures. In the case of the Standardised Approach the definition of default is
the basis for the assignment of exposures to the class of exposures in default in line with Article 127
of the CRR.
As certain choices in the application of the default definition may have a significant impact on own
funds requirements it is important to ensure a level playing field across institutions in the entire EU.
Therefore, these guidelines provide detailed guidance on the application of various aspects of the
definition of default, including the past due criterion as an indication of default, indications of
unlikeliness to pay, specific aspects of the application of the definition of default for retail exposures,
application of the default definition in a banking group, treatment of external data and criteria for a
return to non-defaulted status. It is expected that the harmonisation of practices will not only
increase comparability of risk parameters and own funds requirements but also reduce the burden
for cross-border institutions of complying with different requirements in different Member States.
2.1 Implementation of the changes in the definition of default

It has been recognised that the implementation of these guidelines might in some cases require
significant time and efforts, especially in the case of institutions that use the IRB Approach and where
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the currently used definition of default is significantly different from the proposed rules. The
institutions that use the IRB Approach will not only have to change their default identification
processes and possibly IT systems but will also have to recalibrate their rating systems. For that
reason it was considered appropriate to allow institutions sufficient time to introduce the required
changes and to provide additional guidance on the main aspects of the implementation process.
2.2 Past due criterion in the identification of default

2.2.1 Counting of days past due
In the area of the counting of days past due harmonisation will be achieved predominantly through
the RTS on the materiality threshold for past due exposures specified in accordance with
Article 178(6) of the CRR. However, the draft guidelines provide clarification on those aspects of
counting of days past due that are not covered in these RTS. In particular, it has been specified that if
the credit arrangements allow the client to change the schedule, suspend or postpone the payments
under certain conditions and the client acts within the rights granted in the contract, the changed,
suspended or postponed instalments should not be considered past due. The counting of days past
due should be based on the new schedule once it is specified because in that situation the client is no
longer obliged to pay according to the initial conditions. Such rights for clients may be granted by
institutions on the basis of a specific business strategy or may stem from national regulations related
to consumer protection.
Similar considerations apply to a situation where repayments are suspended by force of law. As the
client is legally not obliged to make payments in the suspension period, the counting of days past due
should also be suspended. However, both of the described situations might indicate financial
difficulties of the pbligor; therefore, institutions should assess the obligor for possible indications of
unlikeliness to pay.
If there is a dispute between the obligor and the institution over the credit obligation it is not certain
whether the obligation actually exists and hence the counting of days past due may be suspended
until the dispute is resolved. However, in order to avoid excessive use of this rule, the possibility of
suspending the counting is limited to those disputes that have been introduced to a court or another
formal procedure such as arbitration that will result in a legally binding ruling. It was necessary to
define specific rules for leasing operations as in this case the dispute is normally between the obligor
and the provider of the leasing object rather than the institution itself. In this case a well justified
formal complaint is a condition for the suspension of days past due. Factoring has not been included
in this provision as, if it leads to the purchase of receivables, disputes between the debtor and the
seller over the product are addressed under dilution risk.
2.2.2 Technical past due situation
Additionally, the draft guidelines specify the definition and treatment of situations where recognition
of default results from technical issues. Although the concepts ‘technical default’ and ‘technical past
due’ are not specified in the CRR they are commonly used across institutions. Since the
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understanding and application of these concepts vary significantly among institutions it was
necessary to provide clarification in this area.
It has to be noted that the main purpose of the RTS on the materiality threshold for past due
exposures is to identify situations where small amounts are past due as a result of technical
circumstances rather than the financial situation of the obligor and eliminate them from the
estimation of risk parameters. Since the materiality threshold already serves the purpose of
identification of technical delays in payments, all other cases, i.e. all exposures where the materiality
threshold has been breached, have to be treated as actual defaults. Since the CRR does not envisage
any additional exemptions from the days past due criterion the concept of ‘technical past due’ is
defined as one of the following situations:
 The identification of default results from a data or system error of the institution, including
manual errors in standardised processes but excluding wrong credit decisions.
 There is evidence that the identification of default results from failure of the payment
system.
 The required payment has been made by the obligor before the relevant days past due
criterion, including the materiality threshold, has been breached but default has been
identified as a result of a long payment allocation process within the institution.
 In the case of factoring arrangements where the purchased receivables are recorded on the
balance sheet of the institution, the materiality threshold has been breached but none of the
receivables to the obligor is past due more than 30 days.
As in the above situations the criteria for default have not been met in practice, these exposures
should not be treated as defaulted. Therefore, it has been clarified that when an institution identifies
such a situation the exposures of this obligor should be removed from the list of defaults and should
not be taken into account as defaults in the estimation of risk parameters.
2.2.3 Exposures to central governments, local authorities and public sector

entities
In order to address the specific issues related to sovereign exposures including exposures to local
authorities and public sector entities and to avoid excessive recognition of defaults not reflecting
actual financial difficulties of the obligor, specific treatment has been specified for this type of
exposures. In many cases the repayment of such exposures is dependent by law on the completion of
certain administrative procedures, which may sometimes be lengthier than initially expected. Hence
it has been specified that if the delay in payments results only from these procedures and there are
no other indications of a diminished financial situation of the obligor or unlikeliness to pay, default
may not be recognised until any material credit obligation of such obligors to an institution is, at the
maximum, 180 days past due. It has to be noted, however, that this specific treatment should only be
applied in exceptional situations and institutions should make every effort to set the repayment
dates in a way that includes all procedures that have to be completed before the payment and
should encourage obligors to keep to the specified repayment schedule.
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2.2.4 Factoring and purchased receivables
Due to specific characteristics of factoring contracts and uncertainty regarding how to apply the past
due criterion to these types of contracts, clarification on these issues had to be provided in the
guidelines. For that purpose a differentiation has been made between two types of factoring
arrangements based on whether the underlying receivables are recognised on the balance sheet of
the institution that acts as a factor. Such a differentiation is necessary as the exposure value for the
purpose of own funds requirements calculation is based on the accounting value of exposures.
Therefore, where individual receivables are recognised on the balance sheet, the risk weight will
apply to these individual receivables; where the receivables are not actually purchased and only the
exposure to the client is recorded on the balance sheet, the appropriate risk weight will apply to this
exposure.
In effect it is specified that where the factor recognises on the balance sheet only the factoring
account with the client, such an account should be treated as past due where a client breaches the
advised limit once the account is in debit, i.e. from when the advances paid for the receivables
exceed the percentage agreed between the factor and the client. On the other hand, where the
factor recognises direct exposures to the debtors of the client, such exposures should be treated as
purchased receivables and the counting of days past due should commence when the payment for a
single receivable becomes due.
It has to be noted that purchased receivables may stem from factoring arrangements or from
another type of transaction. The CRR specifies dilution risk related to purchased receivables as a type
of risk distinct from the risk of default. Therefore, it has been specified that events related to dilution
risk should not be considered events of default. However, a significant number of such events may
indicate an increased risk of default and hence institutions should carefully analyse the reasons for
such events and assess the possible indications of unlikeliness to pay.
2.2.5 Materiality threshold
The concept and application of the materiality threshold have been specified in the RTS on the
materiality threshold for past due exposures. However, it was necessary to give additional guidance
both for institutions and their competent authorities on how to apply the conditions included in
these RTS in a manner that is sufficiently transparent and prudent. In particular, it has been specified
that institutions may use lower thresholds than those specified by competent authorities as
additional indications of unlikeliness to pay. It has to be stressed, however, that in any case
institutions are required to apply the threshold in line with the conditions specified in the RTS,
especially regarding the concept and structure of the threshold and the calculation of the amount it
applies to.
2.3 Indications of unlikeliness to pay

2.3.1 Specific credit risk adjustments (SCRA)
The guidelines provide clarification regarding the application of each indication of unlikeliness to pay
as specified in Article 178(3) of the CRR. In particular, it is necessary to provide guidance on how to
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apply Article 178(3)(b), which specifies that where, as a result of a significant perceived decline in the
credit quality of an obligation, the institution recognises an SCRA on any exposure of an obligor, this
obligor should be classified as defaulted.
In this context it has been specified that all SCRA as specified in Article 1(5)(a) and (b) of Commission
Delegated Regulation (EU) No 183/2014 on the calculation of specific and general credit risk
adjustments, i.e.
(a) losses recognised in the profit or loss account for instruments measured at fair value that
represent credit risk impairment under the applicable accounting framework, and
(b) losses as a result of current or past events affecting a significant individual exposure or
exposures that are not individually significant which are individually or collectively
assessed,
should be considered to be a result of a significant perceived decline in the credit quality of an
obligation and hence should be treated as an indication of unlikeliness to pay.
SCRA related to incurred but not reported losses (IBNR) as specified in Article 1(5)(c) of Regulation
(EU) No 183/2014 should not be considered an indication of unlikeliness to pay. These SCRA cover
losses for which historical experience, adjusted on the basis of current observable data, indicates
that the loss has occurred but the institution is not yet aware which individual exposure has suffered
these losses. Since such SCRA are not related to a decline in the credit quality of any specific
exposure they should not be considered an indication of unlikeliness to pay of a specific obligor.
It is expected that by the time of implementation of these guidelines many institutions will already
apply IRFS 9 instead of current accounting standards. Since these new rules are significantly different
from the currently used IAS 39 and introduce the concept of expected credit losses, which is new in
the accounting framework, the EBA considers it necessary to specify the treatment of provisions
under IFRS 9 – despite those rules not having entered into effect. It is consequently proposed that as
a general rule all exposures classified as Stage 3, i.e. exposures treated as credit-impaired under
IFRS 9, should be treated as defaulted. Only a few exceptions from that rule have been specified and
these include:
 exposures where 180 days past due are used instead of 90 days on the basis of the discretion
provided in Article 178(1)(b) of the CRR;
 the application of the materiality threshold in accordance with Article 178(2)(d) of the CRR
where it is not used for the purpose of classification of exposures to Stage 3;
 technical past due situations;
 exposures to central governments, local authorities and public sector entities that are under
specific treatment as described above.
If in the cases listed above the 90 days past due criterion is used for accounting purposes and credit-
impaired status would be the only indication of default, such exposures may remain in non-defaulted
status. These exemptions are necessary in order to make sure that the treatment of SCRA under
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IFRS 9 will not overrule the requirements and discretions specified in the CRR, which will take
precedence over the accounting framework.
It has to be noted that, although Stage 2 under IFRS 9 contains exposures with potentially decreased
credit quality, classification to Stage 2 should not be considered an indication of default. Therefore,
exposures classified as Stage 2 will in general not be considered defaulted unless there are other
indications of unlikeliness to pay.
2.3.2 Sale of credit obligations
According to Article 178(3)(c) of the CRR a material credit-related economic loss related to the sale of
credit obligations should be treated as an indication of default. However, the sale of credit
obligations at a loss may result from non-credit-risk-related reasons such as the need to increase the
liquidity of the institution or changes in business strategy. Therefore, it is proposed that for the
purpose of identification of default the reasons for the sale of exposures and of any losses recognised
thereby have to be taken into account. If the loss on the sale of credit obligations is not related to
credit risk and the institution does not perceive the credit quality of those obligations as declined,
the sale should not be considered an indication of default even if the non-credit-risk-related loss is
material.
Where, however, the institution sells the credit obligations due to a decrease in their quality or the
loss on that sale is otherwise related to the credit quality of the obligations, the materiality of this
credit-related economic loss should be assessed. It is proposed that the loss should be assessed on
the basis of the difference between the outstanding amounts of the obligations and the agreed price.
If the economic loss is higher than a certain threshold the sale of the exposure should be considered
an event of default.
The guidelines assume that the threshold should be set by institutions in order to allow alignment
with internal risk management practices and the assessment of risk by the institution. However, it is
also necessary to ensure harmonisation, and therefore the possible range of thresholds is limited by
a cap.
2.3.3 Distressed restructuring
According to Article 178(3)(d) of the CRR a distressed restructuring is an indication of unlikeliness to

pay where this is likely to result in a diminished financial obligation caused by the material
forgiveness, or postponement, of principal, interest or, where relevant fees. In order to be consistent
with the supervisory reporting framework it has been specified that distressed restructuring should
be considered to have occurred when forbearance measures have been extended towards a debtor
as specified in the ITS on forbearance and non-performing exposures. Therefore, those forborne
exposures where the forbearance measures are likely to result in a diminished financial obligation
should be classified as defaulted.
It is proposed that the assessment of whether the financial obligation has diminished should be
based on a comparison between the present value of expected cash flows before the changes in the
terms and conditions of the contract and the present value of expected cash flows based on the new
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arrangement, both discounted using the original effective interest rate. The original effective interest
rate is proposed in order to align these calculations with the so-called ‘impairment test’ required
under the international accounting framework. If the difference between the net present values of
cash flows before and after restructuring arrangements exceeds a certain threshold the exposure
should be classified as defaulted.
In this case also it is assumed that the threshold should be set by institutions but it captures mainly
those situations where the change in the net present value (NPV) of the contract results from
technical discounting aspects and rounding of the amounts and where the diminished obligation by
forgiveness, or postponement of principal, interest or, where relevant fees should consequently not
be considered material. Therefore, taking into account that Article 178(3)(d) of the CRR only refers to
cases where an institution has already consented to a distressed restructuring, the cap threshold
specified in the guidelines is lower than in the case of the sale of exposures.
Furthermore, where the difference as described in the previous paragraphs is below the specified
threshold, institutions should still assess such exposures for possible other indications of unlikeliness
to pay. The general principles for the identification of default apply also for distressed restructuring.
Therefore, where the institution has reasonable doubts with regard to the likeliness of repayment of
the obligation according to the new arrangement in full in a timely manner, the obligor should be
considered defaulted. The indicators that may suggest that this is the case include a large balloon
payment, a significantly higher repayment burden envisaged at the end of the repayment schedule
and a significant grace period, as well as a situation where the exposure has been restructured
multiple times.
2.3.4 Bankruptcy
Although the concept of bankruptcy is usually clearly specified in the national legal frameworks it is
not always clear how the ‘similar order’ or ‘similar protection’ referred to in points (e) and (f) of
Article 178(3) of the CRR should be understood. Therefore, typical characteristics of such concepts
have been specified in the guidelines in order to allow harmonised application of this concept for the
purpose of default identification. It has also been specified that all types of arrangements listed in
Annex A to Regulation (EU) 2015/848 have to be treated as an order or a protection similar to
bankruptcy and hence as an indication of default.
2.3.5 Additional indications of unlikeliness to pay
As Article 178(3) of the CRR does not provide a comprehensive list of all situations that may indicate
the unlikeliness to pay of an obligor, institutions should specify those other indications of unlikeliness
to pay in their internal procedures on the basis of their experience. These indications may reflect
specific characteristics of different types of exposures and obligors. One of the aspects that should be
considered is the relation between various entities within groups of connected clients. According to
Article 172(1)(d) of the CRR, institutions are required to have appropriate policies regarding the
treatment of individual obligor clients and groups of connected clients. These policies should in
particular specify how the relations between legal entities are treated in the default identification
process. It was not possible to specify unified rules in this regard as the appropriate treatment may
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depend on the legal environment in a specific jurisdiction, the business strategy of the institution and
the design of the rating system used for a specific type of exposures.
As the purchase or origination of a financial asset by an institution at a material discount is treated as

a potential indication of impairment for accounting purposes the treatment of such cases from a
prudential perspective had to be specified in the guidelines. It has been clarified that such assets
should be assessed for potential indications of unlikeliness to pay, and, importantly, that the
assessment should refer to the total amount owed by the obligor regardless of the price that the
institution has paid for the asset. This specification is in line with the requirement of Article 178(1) of
the CRR, which relates unlikeliness to pay to the credit obligation and not to the exposure value.
Default is a description of the status of the obligor and its ability to pay the obligations and not a
measure of the loss of an institution; therefore, this approach was considered appropriate. At the
same time alignment with accounting treatment is possible where a similar assessment is made for
the purpose of classification of assets as impaired.
2.4 Application of the definition of default in external data

The guidelines provide clarification that the requirements with regard to external data apply only to
institutions that use the IRB Approach and use such data for the purpose of the estimation of risk
parameters. In these situations it is important to ensure that the sample used for the purpose of the
estimation of risk parameters is homogenous and representative of the institution’s portfolio,
including in terms of the definition of default that was applied. For this reason institutions should
assess the differences between the definitions of default used internally and in external data and
their impact on the default rate.
In any case institutions should be able to demonstrate that broad equivalence with the internal
definition of default has been achieved in line with Article 178(4) of the CRR. Nevertheless, it is
expected that in some cases institutions will not be able to make all necessary adjustments or
demonstrate that certain differences are negligible in terms of the impact on all risk parameters and
own funds requirements. Therefore, it has been clarified that in this situation the requirements of
Article 179(1)(f) of the CRR should apply and institutions should consider these circumstances by a
larger margin of conservatism in the estimation of risk parameters.
2.5 Criteria for a return to non-defaulted status

According to Article 178(1)(a) of the CRR, an obligor has to be considered defaulted as long as the
institution considers it unlikely that the obligation will be paid in full without recourse to actions such
as realising collateral. Such an assessment should be performed in particular before reclassification
of defaulted exposures back to non-defaulted status. In order to ensure that sufficient information
exists to perform such an assessment and that it is done in a prudent manner minimum probation
periods have been specified in the guidelines. Only after an analysis of the behaviour of the obligor
and of its financial situation during the probation period is it possible to assess whether the
improvement of the credit quality is factual and permanent. As a result institutions may also avoid an
excessive number of multiple defaults.
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The probation period should not be shorter than 3 months from the moment that the obligor was no
longer past due more than 90 days on any material credit obligation, if applicable, and no indication
of unlikeliness to pay, either as specified in Article 178(3) of the CRR or as additionally specified by
the institution, still applied. Institutions may use probation periods longer than 3 months and in
particular may specify different lengths of probation periods for different types of exposures in order
to reflect specific characteristics of these exposures. If after the probation period the institution still
judges that the obligation is unlikely to be paid in full without recourse to realising collateral, the
exposures should continue to be classified as defaulted.
Furthermore, loans under distressed restructuring are considered to require particular attention in
relation to reclassification to non-defaulted status because the assessment of days past due is based
on the modified payment arrangement and the exposure in general cannot stop being restructured
until it is fully repaid. Therefore, it has been specified that a longer probation period and additional
conditions should apply before such exposures can be reclassified to non-defaulted status. It is
proposed that the probation period should be defined as at least 1 year from the latest of: i) the
moment of extending the restructuring measures, ii) the moment when the exposure was classified
as defaulted or iii) the end of any grace period included in the restructuring arrangements.
Additionally, this period should not be shorter than the period during which a material payment has
been made by the obligor. This material payment may be defined in accordance with the ITS on non-
performing exposures and forbearance as ‘a total equal to the amount that was previously past-due
(if there were past-due amounts) or that has been written-off (if there were no past-due amounts)
under the forbearance measures’. This option has the further advantage of ensuring alignment with
the supervisory reporting framework.
In order to ensure that the policies and processes regarding the reclassification of exposures to non-
defaulted status are effective institutions should monitor the scale of multiple defaults. It is expected
that an institution would have a limited proportion of obligors who default soon after returning to
non-defaulted status. The analysis of changes in the status of obligors or facilities should in particular
be taken into account for the purpose of specifying the length of the relevant probation periods.
2.6 Consistency of the application of the definition of default

In order to allow the integration of the definition of default into internal risk management practices it
has also been clarified that in some situations institutions may use different definitions of default for
certain types of exposures, including in different legal entities or geographical locations. The
differences, however, have to be justified and consistent with internal risk management practices
and may stem in particular from:
 different materiality thresholds set by competent authorities in their jurisdictions;
 use of 180 days instead of 90 days past due for certain types of exposures in some
jurisdictions;
 specification of additional indications of unlikeliness to pay specific for certain types of
exposures.
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Nevertheless, default of an obligor should also be identified consistently by the institution with
regard to all exposures of this obligor in all relevant IT systems in all legal entities within the group
and in all geographical locations.
However, it has also been recognised that in some cases such consistent default identification might
not be fully possible if consumer protection, bank secrecy or other legislation prohibits the exchange
of client data within a banking group. Additionally, consistent identification of default of an obligor
might be limited if it is too burdensome for institutions to verify the status of a client in all legal
entities and geographical locations within the group. In that case institutions may not perform the
check for consistency on condition that they are able to demonstrate that the effect of non-
compliance is immaterial and to provide evidence that there are no or a very limited number of
common clients of different relevant entities within a group.
2.7 Application of the definition of default for retail exposures

2.7.1 Level of application of the definition of default
According to Article 178(1) of the CRR the definition of default may be applied at the level of an
individual credit facility only in the case of retail exposures. As retail exposures are defined
differently for the IRB Approach and the Standardised Approach it is necessary to clarify the possible
scope of application of the default definition at the facility level. The proposed clarification provides
that institutions that use the IRB Approach may apply the definition of default at the level of an
individual facility for retail exposures as defined in Article 147(5) of the CRR. Additionally, the
definition of default may be applied at individual facility level for purchased corporate receivables
treated as retail exposures in accordance with Article 153(6) of the CRR. Institutions that use the
Standardised Approach may apply the definition of default at the level of an individual facility for all
exposures that meet the criteria specified in Article 123 of the CRR even if some of those exposures,
for example mortgage loans, are assigned to different exposure classes for the purpose of
assignment of risk weight. This approach will allow consistent treatment of an obligor for the
purpose of default identification even if various types of products are extended to this obligor.
The level of application of the default definition for retail exposures should be based on the internal
risk management practices of the institution. However, if an institution decided to use different
levels of application of the definition of default for different types of retail exposures, the
requirements of the CRR regarding default of an obligor might not be fully met. In particular, where
the definition of default is used at the obligor level, default of any exposure of an obligor should
result in default of all other exposures of this obligor. Where, however, some exposures of such an
obligor are assessed at the individual facility level, default on one of these exposures would not
result in default of all the obligor’s exposures. In order to avoid such a situation it is proposed that
where institutions decide to use different levels of application of the definition of default for
different types of retail exposures they should provide evidence that there are no or a very limited
number of situations where the same clients are subject to different definitions of default at
different levels of application.
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2.7.2 Pulling effect
In the case of institutions that decide to apply the definition of default at the level of an individual
credit facility there is no automatic contagion between exposures. Nevertheless, where a significant
part of the total exposure of an obligor is in default the institution may consider it unlikely that other
obligations of that obligor will be paid in full, without recourse to actions such as realising security.
Therefore, it is proposed that where institutions consider it appropriate they may define an
additional indication of unlikeliness to pay and define a threshold in terms of a percentage of the
total credit obligations of an obligor that indicates when all exposures of an obligor should be
considered defaulted.
Such an additional indication of unlikeliness to pay may have the advantage of aligning the prudential
rules with the supervisory reporting framework and in particular with the ITS on forbearance and
non-performing exposures. Institutions may either use the same threshold as for the purpose of
supervisory reporting (currently 20%) or specify a different level of threshold. Where institutions
decide to use a threshold of 20% or lower consistency with the definition of non-performing
exposures will be maintained because all defaulted exposures have to be reported as non-
performing.
2.7.3 Materiality threshold for joint exposures
Where an institution decides to apply the definition of default at the obligor level the treatment of
joint exposures, i.e. exposures to a group of individual obligors, has to be specified. In order to
ensure harmonised application of the default definition at the obligor level it was necessary to
specify the general principles with regard to the treatment of joint credit obligations in the
guidelines.
On the one hand, if any of the indications of default specified in Article 178(1) of the CRR occurs on a
joint credit obligation of two or more obligors all other joint credit obligations of the same set of
obligors and all individual exposures to those obligors should be considered defaulted. Exceptions
from this rule have been specified in order to account for situations where the delay in payment of a
joint credit obligation results from a dispute between the individual obligors and where a joint credit
obligation is an immaterial part of the total obligations of an individual obligor. Moreover, the
contagious effect of this default should not automatically spread to other joint credit obligations of
individual obligors with other individuals or entities that are not involved in the exposure that has
initially been defaulted.
On the other hand, if any of the indications of default specified in Article 178(1) of the CRR occurs on
an exposure to an individual obligor the contagious effect of this default should not automatically
spread to any joint credit obligations of that obligor with other individuals or entities. Nevertheless,
the institution should assess such exposures for possible indications of unlikeliness to pay related to
the default of one of the obligors. If, however, all the individual obligors are in defaulted status their
joint credit obligations should also be considered defaulted.
In order to operationalise the above rules it has to be further specified how the materiality threshold
should be applied in the case of joint exposures. Therefore, it has been clarified that for the purpose
14
of application of the materiality threshold a joint obligor, i.e. a specific set of individual obligors that
commit to a joint exposure, should be treated as a different, separate obligor. This approach will
ensure that the assessment of a joint exposure will not be diluted by the existence of other individual
exposures.
2.8 Documentation, internal policies and risk management

processes
2.8.1 Documentation
In order to ensure that the default definition is specified correctly and applied consistently to
relevant types of exposures it has been specified in the guidelines that the documentation related to
the application of the definition of default should include a detailed description of the
operationalisation of all indications of default. In particular, it should describe the processes, sources
of information and responsibilities for the identification of particular indications of default, including
automatic mechanisms and manual processes.
As any changes in the definition of default are likely to result in structural breaks in historical data
institutions should keep a register of all current and past versions of the default definition, starting at
least from the date of application of these guidelines. If more than one definition of default is used in
a banking group the scope of application of each definition should be clearly specified.
2.8.2 Internal governance
As the definition of default is particularly important for the IRB Approach and is the basis for
estimation of all risk parameters, own funds requirements and expected loss calculation, specific
requirements with regard to internal governance have been clarified for institutions that use the IRB
Approach. In order to ensure that the default definition is implemented in a correct manner it should
be approved by the management body, or by a committee designated by it, and by senior
management in line with Article 189 of the CRR. Furthermore, in order to provide clarification on the
so-called ‘use test’ requirements specified in Article 144 of the CRR it has been specified that these
institutions should use the definition of default consistently for the purpose of own funds
requirement calculation and internal risk management processes at least in the area of monitoring of
exposures and internal reporting to senior management and the management body. Finally, the
internal audit or another comparable independent auditing unit should review regularly the
robustness and effectiveness of the process used by the institution for the identification of default of
an obligor in accordance with Article 191 of the CRR.
15
FINAL REPORT ON GUIDELINES ON THE APPLICATION OF THE DEFINITION OF DEFAULT
3. Draft guidelines
16
EBA/GL/2016/07
28/09/2016
Guidelines
on the application of the definition of

default under Article 178 of Regulation
(EU) No 575/2013
17
1. Compliance and reporting

obligations
Status of these guidelines

1. This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No
1093/2010 1. In accordance with Article 16(3) of Regulation (EU) No 1093/2010, competent
authorities and financial institutions must make every effort to comply with the guidelines.
2. Guidelines set the EBA view of appropriate supervisory practices within the European System
of Financial Supervision or of how Union law should be applied in a particular area.
Competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010 to whom
guidelines apply should comply by incorporating them into their practices as appropriate (e.g.
by amending their legal framework or their supervisory processes), including where guidelines
are directed primarily at institutions.
Reporting requirements
3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must
notify the EBA as to whether they comply or intend to comply with these guidelines, or
otherwise with reasons for non-compliance, by ([dd.mm.yyyy]). In the absence of any
notification by this deadline, competent authorities will be considered by the EBA to be non-
compliant. Notifications should be sent by submitting the form available on the EBA website
to compliance@eba.europa.eu with the reference ‘EBA/GL/201x/xx’. Notifications should be
submitted by persons with appropriate authority to report compliance on behalf of their
competent authorities. Any change in the status of compliance must also be reported to EBA.
4. Notifications will be published on the EBA website, in line with Article 16(3).
1
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a
European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing
Commission Decision 2009/78/EC, (OJ L 331, 15.12.2010, p.12).
18
2. Subject matter, scope and definitions
Subject matter
5. These guidelines specify the requirements on the application of Article 178 of Regulation (EU)
No 575/2013 on the definition of default, in accordance with the mandate conferred to the
EBA in Article 178(7) of that Regulation.
Scope of application
6. These guidelines apply in relation to both of the following:
(a) the Internal Ratings Based Approach (IRB Approach) in accordance with Part Three,
Title II, Chapter 3 of Regulation (EU) No 575/2013;
(b) the Standardised Approach for credit risk by virtue of the reference to Article 178 in
Article 127 of Regulation (EU) No 575/2013.
7. Institutions that have received permission to use the IRB Approach should apply the
requirements set out in these guidelines for the IRB Approach to all exposures. Where those
institutions have received prior permission to permanently use the Standardised Approach in
accordance with Article 150 of Regulation (EU) No 575/2013, or permission to implement the
IRB Approach sequentially in accordance with Article 148 of that Regulation, may apply the
requirements set out in these guidelines for the Standardised Approach for the relevant
exposures under permanent partial use of the Standardised Approach or included in the
sequential implementation plan.
Addressees
8. These guidelines are addressed to competent authorities as defined in point (i) of Article 4(2)
of Regulation (EU) No 1093/2010 and to financial institutions as defined in Article 4(1) of
Regulation No 1093/2010.
Definitions
9. Unless otherwise specified, terms used and defined in Regulation (EU) No 575/2013 and
Directive (EU) 36/2013 have the same meaning in these guidelines.
19
3. Implementation
Date of application
10. These guidelines apply from 1 January 2021, therefore institutions should incorporate the
requirements of these guidelines in their internal procedures and IT systems by that time, but
competent authorities may accelerate the timeline of this transition at their discretion.
First application of the Guidelines by IRB institutions

11. In order to apply these guidelines for the first time, institutions that use the IRB Approach
should assess and accordingly adjust, where necessary, their rating systems so that the
estimates of risk parameters reflect the new definition of default according to these
guidelines by applying the following:
(a) where possible, adjust the historical data based on the new definition of default
according to these guidelines, including in particular as a result of the materiality
thresholds for past due credit obligations referred to in point (d) of Article 178(2) of
Regulation (EU) No 575/2013;
(b) assess the materiality of impact on all risk parameters and own funds requirements of
the new definition of default according to these guidelines and compared to the
previous definition, where applicable, after the relevant adjustments in historical
data;
(c) include an additional margin of conservatism in their rating systems in order to

account for the possible distortions of risk estimates resulting from the inconsistent
definition of default in the historical data used for modelling purposes.
12. The changes referred to in paragraph 11, which are applied to the rating systems as a result of
the application of these guidelines, are required to be verified by the internal validation
function and classified according to Commission Delegated Regulation (EU) No 529/2014, and,
depending on this classification, they are required to be notified or approved by the relevant
competent authority.
13. Institutions that use the IRB Approach, and which need to obtain prior permission from
competent authorities in accordance with Article 143 of Regulation (EU) No 575/2013 and
Commission Delegated Regulation (EU) No 529/2014 2 in order to incorporate these
guidelines by the deadline referred to in paragraph 10, should agree with their competent
2
OJ L 148, 20.5.2014, p. 36.
20
authorities the final deadline for submitting the application for the approval of changes in the
definition of default.
14. After IRB institutions have started collecting data according to the new definition of default as
provided in these guidelines, in the course of their regular revision of risk estimates referred
to in Article 179(1)(c) of Regulation (EU) No 575/2013, those institutions should extend or,
where justified, move the window of historical data used for the risk quantification to include
new data. Until an adequate time period with homogenous default definition is reached,
those IRB institutions, during their regular revisions of the risk parameter estimates, should
assess the adequacy of the level of the margin of conservatism referred to in point (b) of
paragraph 11.
Repeal
15. Sections 3.3.2.1. and 3.4.4. of the CEBS Guidelines on the implementation, validation and
assessment of Advanced Measurement (AMA) and Internal Ratings Based (IRB) Approaches
(GL10) published on 4 April 2006 are repealed with effect from 1 January 2021.
4. Past due criterion in the

identification of default
Counting of days past due

16. For the purposes of the application of point (b) of Article 178(1) of Regulation (EU) No
575/2013, where any amount of principal, interest or fee has not been paid at the date it was
due, institutions should recognise this as the credit obligation past due. Where there are
modifications of the schedule of credit obligations, as referred to in point (e) of Article 178(2)
of Regulation (EU) No 575/2013, the institution’s policies should clarify that the counting of
days past due should be based on the modified schedule of payments.
17. Where the credit arrangement explicitly allows the obligor to change the schedule, suspend
or postpone the payments under certain conditions and the obligor acts within the rights
granted in the contract, the changed, suspended or postponed instalments should not be
considered past due, but the counting of days past due should be based on the new schedule
once it is specified. Nevertheless if the obligor changes the schedule, suspends or postpones
the payments, the institutions should analyse the reasons for such a change and assess the
possible indications of unlikeliness to pay, in accordance with Articles 178(1) and (3) of
Regulation (EU) No 575/2013 and Section 5 of these guidelines.
18. Where the repayment of the obligation is suspended because of a law allowing this option or
other legal restrictions, the counting of days past due should also be suspended during that
21
period. Nevertheless, in such situations, institutions should analyse, where possible, the
reasons for exercising the option for such a suspension and should assess the possible
indications of unlikeliness to pay, in accordance with Articles 178(1) and (3) of Regulation (EU)
No 575/2013 and Section 5 of these guidelines.
19. Where the repayment of the obligation is the subject of a dispute between the obligor and
the institution, the counting of days past due may be suspended until the dispute is resolved,
where at least one of the following conditions is met:
(a) the dispute between the obligor and the institution over the existence or amount of
the credit obligation has been introduced to a court or another formal procedure
performed by a dedicated external body that results in a binding ruling in accordance
with the applicable legal framework in the relevant jurisdiction;
(b) in the specific case of leasing, a formal complaint has been directed to the institution
about the object of the contract and the merit of the complaint has been confirmed
by independent internal audit, internal validation or another comparable
independent auditing unit.
20. Where the obligor changes due to an event such as a merger or acquisition of the obligor or
any other similar transaction, the counting of days past due should start from the moment a
different person or entity becomes obliged to pay the obligation. The counting of days past
due is, instead, unaffected by a change in the obligor’s name.
21. The calculation of the sum of all amounts past due that are related to any credit obligation of
the obligor to the institution, parent undertaking or any of its subsidiaries to this obligor and
which institutions are required to calculate for the purpose of comparison with the
materiality threshold set by the competent authority in accordance with point (d) of Article
178(2) of Regulation (EU) No 575/2013 should be performed with a frequency allowing timely
identification of default. Institutions should ensure that the information about the days past
due and default is up-to-date whenever it’s being used for decision making, internal risk
management, internal or external reporting and the own funds requirements calculation
processes. Where institutions calculate days past due less often than daily, they should
ensure that the date of default is identified as the date when the past due criterion has
actually been fulfilled.
22. The classification of the obligor to a defaulted status should not be subject to additional
expert judgement; once the obligor meets the past due criterion all exposures to that obligor
are considered defaulted, unless either of the following conditions is met:
(a) the exposures are eligible as retail exposures and the institution applies the default
definition at individual credit facility level;
(b) a so called ‘technical past due situation’ is considered to have occurred, in accordance
with paragraph 23.
22
Technical past due situation

23. A technical past due situation should only be considered to have occurred in any of the
following cases:
(a) where an institution identifies that the defaulted status was a result of data or system
error of the institution, including manual errors of standardised processes but
excluding wrong credit decisions;
(b) where an institution identifies that the defaulted status was a result of the non-
execution, defective or late execution of the payment transaction ordered by the
obligor or where there is evidence that the payment was unsuccessful due to the
failure of the payment system;
(c) where due to the nature of the transaction there is a time lag between the receipt of
the payment by an institution and the allocation of that payment to the relevant
account, so that the payment was made before the 90 days and the crediting in the
client’s account took place after the 90 days past due;
(d) in the specific case of factoring arrangements where the purchased receivables are
recorded on the balance sheet of the institution and the materiality threshold set by
the competent authority in accordance with point (d) of Article 178(2) of Regulation
(EU) No 575/2013 is breached but none of the receivables to the obligor is past due
more than 30 days.
24. Technical past due situations should not be considered as defaults in accordance with Article
178 of Regulation (EU) No 575/2013. All detected errors that led to technical past due
situation should be rectified by institutions in the shortest timeframe possible.
In the case of institutions that use the IRB Approach, technical past due situations should be
removed from the reference data set of defaulted exposures for the purpose of estimation of
risk parameters.
Exposures to central governments, local authorities and public

sector entities
25. Institutions may apply specific treatment for exposures to central governments, local
authorities and public sector entities where all of the following conditions are met:
(a) the contract is related to the supply of goods or services, where the administrative
procedures require certain controls related to the execution of the contract before
the payment can be made; this applies in particular to factoring exposures or similar
types of arrangements but does not apply to instruments such as bonds;
23
(b) apart from the delay in payment no other indications of unlikeliness to pay as
specified in accordance with Article 178(1)(a) and 178(3) of Regulation (EU) No
575/2013 and these guidelines apply, the financial situation of the obligor is sound
and there are no reasonable concerns that the obligation might not be paid in full,
including any overdue interest where relevant;
(c) the obligation is past due not longer than 180 days.
26. Institutions that decide to apply the specific treatment referred to in paragraph 25 should
apply all of the following:
(a) these exposures should not be included in the calculation of the materiality threshold
for other exposures to this obligor;
(b) they should not be considered as defaults in the sense of Article 178 of Regulation
(EU) No 575/2013;
(c) they should be clearly documented as exposures subject to the specific treatment.
Specific provisions applicable to factoring and purchased

receivables
27. Where there are factoring arrangements whereby the ceded receivables are not recognised
on the balance sheet of the factor and the factor is liable directly to the client up to a certain
agreed percentage, the counting of days past due should commence from when the factoring
account is in debit, i.e. from when the advances paid for the receivables exceed the
percentage agreed between the factor and the client. For the purpose of determining items of
the client of a factor that are past due, institutions should apply both of the following:
(a) compare the sum of the amount of the factoring account that is in debit and all other
past due obligations of the client recorded in the balance sheet of the factor, against
the absolute component of the materiality threshold set by the competent authority
in accordance with point (d) of Article 178(2) of Regulation (EU) No 575/2013;
(b) compare the relation between the sum described in point (a) and the total amount of
current value of the factoring account, i.e. the value of advances paid for the
receivables and all other on-balance sheet exposures related with the credit
obligations of the client, against the relative component of the materiality threshold
set by the competent authority in accordance with point (d) of Article 178(2) of
Regulation (EU) No 575/2013.
28. Where there are factoring arrangements where the purchased receivables are recognised on
the balance sheet of the factor and the factor has exposures to the debtors of the client, the
counting of days past due should commence when the payment for a single receivable
24
becomes due. In this situation, for institutions that use the IRB Approach, by virtue of the fact
that the ceded receivables are purchased receivables, where they meet the requirements of
154(5) of Regulation (EU) No 575/2013 or in the case of purchased corporate receivables the
requirements of Article 153(6) of Regulation (EU) No 575/2013, the default definition may be
applied as for retail exposures in accordance with Section 9 of these guidelines.
29. Where the institution recognises events related to dilution risk of purchased receivables as
defined in point (53) of Article 4(1) of Regulation (EU) No 575/2013, these events should not
be considered as leading to the default of the obligor. Where the amount of receivable has
been reduced as a result of events related to dilution risk such as discounts, deductions,
netting or credit notes issued by the seller the reduced amount of receivable should be
included in the calculation of days past due. Where there is a dispute between the obligor and
the seller and such event is recognised as related to dilution risk the counting of days past due
should be suspended until the dispute is resolved.
30. Events recognised as related to dilution risk and hence excluded from the identification of
default should be included in the calculation of own funds requirements or internal capital for
dilution risk. Where institutions recognise significant number of events related to dilution risk,
they should analyse and document the reasons for such events and assess the possible
indications of unlikeliness to pay, in accordance with Articles 178(1) and (3) of Regulation (EU)
No 575/2013 and Section 5 of these guidelines.
31. Where the obligor has not been adequately informed about the cession of the receivable by
the factor’s client and the institution has evidence that the payment for the receivable has
been made to the client, the institution should not consider the receivable to be past due.
Where the obligor has been adequately informed about the cession of the receivable but has
nevertheless made the payment to the client, the institution should continue counting the
days past due according to the conditions of the receivable.
32. In the specific case of undisclosed factoring arrangements, where the obligors are not
informed about the cession of the receivables but the purchased receivables are recognised
on the balance sheet of the factor, the counting of days past due should commence from the
moment agreed with the client when the payments made by the obligors should be
transferred from the client to the factor.
Setting the materiality threshold

33. Competent authorities should notify the EBA of the levels of the materiality thresholds that
they set in their respective jurisdiction in accordance with point (d) of Article 178(2) of
Regulation (EU) No 575/2013. After the entry into force of the regulatory technical standards
developed in accordance with Article 178(6) of Regulation (EU) No 575/2013, where
competent authorities set the relative component of the materiality threshold at a level
different than the 1% referred to in those regulatory technical standards, they should provide
the justification for this different level of the threshold to the EBA.
25
34. Institutions should apply the materiality threshold for past due credit obligations set by their
competent authorities as referred to in point (d) of Article 178(2) of Regulation (EU) No
575/2013. Institutions may identify defaults on the basis of a lower threshold if they can
demonstrate that this lower threshold is a relevant indication of unlikeliness to pay and does
not lead to an excessive number of defaults that return to non-defaulted status shortly after
being recognised as defaulted or decrease of capital requirements. In this case institutions
should record in their databases the information on the trigger of default as an additional
specified indication of unlikeliness to pay.
5. Indications of unlikeliness to pay
Non-accrued status
35. For the purposes of unlikeliness to pay as referred to in point (a) of Article 178(3) of
Regulation (EU) No 575/2013, institutions should consider that an obligor is unlikely to pay
where interest related to credit obligations is no longer recognised in the income statement
of the institution due to the decrease of the credit quality of the obligation.
Specific credit risk adjustments (SCRA)

36. For the purposes of unlikeliness to pay as referred to in point (b) of Article 178(3) of
Regulation (EU) No 575/2013, all of the following specific credit risk adjustments (SCRA)
should be considered to be a result of a significant perceived decline in the credit quality of a
credit obligation and hence should be treated as an indication of unlikeliness to pay:
(a) losses recognised in the profit or loss account for instruments measured at fair value
that represent credit risk impairment under the applicable accounting framework;
(b) losses as a result of current or past events affecting a significant individual exposure
or exposures that are not individually significant which are individually or collectively
assessed.
37. The SCRA that cover the losses for which historical experience, adjusted on the basis of
current observable data, indicate that the loss has occurred but the institution is not yet
aware which individual exposure has suffered these losses (‘incurred but not reported
losses’), should not be considered an indication of unlikeliness to pay of a specific obligor.
38. Where the institution treats an exposure as impaired such a situation should be considered an
additional indication of unlikeliness to pay and hence the obligor should be considered
defaulted regardless of whether there are any SCRA assigned to this exposure. Where in
accordance with the applicable accounting framework in the case of incurred but not
26
reported losses exposures are recognised as impaired, these situations should not be treated
as an indication of unlikeliness to pay.
39. Where the institution treats an exposure as credit-impaired under IFRS 9, i.e. assigns it to
Stage 3 as defined in IFRS 9 Financial Instruments, published by the IASB in July 2014, such
exposure should be considered defaulted, except where the exposure has been considered
credit-impaired due to the delay in payment and either or both of the following conditions
are met:
(a) the competent authorities have replaced the 90 days past due with 180 days past due
in accordance with point (b) of Article 178(1) of Regulation EU (No) 575/2013 and this
longer period is not used for the purpose of recognition of credit-impairment;
(b) the materiality threshold referred to in Article 178(2)(d) of Regulation (EU) No

575/2013 has not been breached;
(c) the exposure has been recognised as a technical past due situation in accordance with
paragraph 23;
(d) the exposure meets the conditions of paragraph 25.
40. Where the institution uses both IFRS 9 and another accounting framework it should choose
whether to classify exposures as defaulted in accordance with paragraphs 36 to 38 or in
accordance with paragraph 39. Once this choice is made it should be applied consistently over
time.
Sale of the credit obligation

41. For the purposes of unlikeliness to pay as referred to in point (c) of Article 178(3) of
Regulation (EU) No 575/2013, institutions should take into account both the character and
materiality of the loss related to the sale of credit obligations, in accordance with the
following paragraphs. Transactions of traditional securitisation with significant risk transfer
and any intragroup sales of credit obligations should be considered sale of credit obligations.
42. Institutions should analyse the reasons for the sale of credit obligations and the reasons for
any losses recognised thereby. Where the reasons for the sale of credit obligations were not
related to credit risk, such as where there is the need to increase the liquidity of the
institution or there is a change in business strategy, and the institution does not perceive the
credit quality of those obligations as declined, the economic loss related with the sale of
those obligations should be considered not credit-related. In that case the sale should not be
considered an indication of default even where the loss is material, on condition of the
appropriate, documented justification of the treatment of the sale loss as not credit-related.
Institutions may, in particular, consider the loss on the sale of credit obligations as non-credit
related where the assets subject to the sale are publicly traded assets and measured at fair
value.
27
43. Where, however, the loss on the sale of credit obligations is related to the credit quality of
the obligations themselves, in particular where the institution sells the credit obligations due
to the decrease in their quality, the institution should analyse the materiality of the economic
loss and, where the economic loss is material, this should be considered an indication of
default.
44. Institutions should set a threshold for the credit-related economic loss related with the sale of
credit obligations to be considered material, which should be calculated according to the
following formula, and should not be higher than 5%:
𝐸𝐸 − 𝑃𝑃
𝐿𝐿 =
𝐸𝐸
where:
L is the economic loss related with the sale of credit obligations;
E is the total outstanding amount of the obligations subject to the sale, including interest
and fees;
P is the price agreed for the sold obligations.
45. In order to assess the materiality of the overall economic loss related with the sale of credit
obligations, institutions should calculate the economic loss and compare it to the threshold
referred to in paragraph 44. Where the economic loss is higher than this threshold they
should consider the credit obligations defaulted.
46. The sale of credit obligations may be performed either before or after the default. In the case
of institutions that use the IRB Approach, regardless of the moment of the sale, if the sale was
related with a material credit-related economic loss, the information about the loss should be
adequately recorded and stored for the purpose of the estimation of risk parameters.
47. If the sale of a credit obligation at a material credit-related economic loss occurred before the
identification of default on that exposure, the moment of sale should be considered the
moment of default. In the case of a partial sale of the total obligations of an obligor where the
sale is associated to a material credit-related economic loss, all the remaining exposures to
this obligor should be treated as defaulted, unless the exposures are eligible as retail
exposures and the institution applies the default definition at facility level.
48. In the case of a sale of a portfolio of exposures the treatment of individual credit obligations
within this portfolio should be determined in accordance with the manner the price for the
portfolio was set. Where the price for the total portfolio was determined by specifying the
discount on particular credit obligations, the materiality of credit-related economic loss
should be assessed individually for each exposure within the portfolio. Where however the
price was set only at the portfolio level, the materiality of credit-related economic loss may be
assessed at the portfolio level and in that case, if the threshold specified in paragraph 44 is
28
breached, all credit obligations within this portfolio should be treated as defaulted at the
moment of the sale.
Distressed restructuring
49. For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of
Regulation (EU) No 575/2013, a distressed restructuring should be considered to have
occurred when concessions have been extended towards a debtor facing or about to face
difficulties in meeting its financial commitments as specified in paragraphs 163-167 and 172-
174 of Annex V Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 3 as
amended by Commission Implementing Regulation (EU) 2015/227 4.
50. Given that, as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, the
obligor should be considered defaulted where the distressed restructuring is likely to result in
a diminished financial obligation, where considering forborne exposures, the obligor should
be classified as defaulted only where the relevant forbearance measures are likely to result in
a diminished financial obligation.
51. Institutions should set a threshold for the diminished financial obligation that is considered to
be caused by material forgiveness or postponement of principal, interest, or fees, and which
should be calculated according to the following formula, and should not be higher than 1%:
𝑁𝑁𝑁𝑁𝑁𝑁0 − 𝑁𝑁𝑁𝑁𝑁𝑁1
𝐷𝐷𝐷𝐷 =
𝑁𝑁𝑁𝑁𝑁𝑁0
where:
DO is diminished financial obligation;
NPV0 is net present value of cash flows (including unpaid interest and fees) expected
under contractual obligations before the changes in terms and conditions of the contract
discounted using the customer’s original effective interest rate;
NPV1 is net present value of the cash flows expected based on the new arrangement
discounted using the customer’s original effective interest rate.
52. For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of
Regulation (EU) No 575/2013, for each distressed restructuring, institutions should calculate
the diminished financial obligation and compare it with the threshold referred to in paragraph
51. Where the diminished financial obligation is higher than this threshold, the exposures
should be considered defaulted.
3
OJ L 191, 28.6.2014, p. 1.
4
OJ L 48, 20.2.2015, p. 1.
29
53. If however the diminished financial obligation is below the specified threshold, and in
particular when the net present value of expected cash flows based on the distressed
restructuring arrangement is higher than the net present value of expected cash flows before
the changes in terms and conditions, institutions should assess such exposures for other
possible indications of unlikeliness to pay. Where the institution has reasonable doubts with
regard to the likeliness of repayment in full of the obligation according to the new
arrangement in a timely manner, the obligor should be considered defaulted. The indicators
that may suggest unlikeliness to pay include the following:
(a) a large lumpsum payment envisaged at the end of the repayment schedule;
(b) irregular repayment schedule where significantly lower payments are envisaged at
the beginning of repayment schedule;
(c) significant grace period at the beginning of the repayment schedule;
(d) the exposures to the obligor have been subject to distressed restructuring more than
once.
54. Any concession extended to an obligor already in default, should lead to classify the obligor as
a distressed restructuring. All exposures classified as forborne non-performing in accordance
with Annex V of Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 as
amended by Commission Implementing Regulation (EU) 2015/227 should be classified as
default and subject to distressed restructuring.
55. Where any of the modifications of the schedule of credit obligations referred to in point (e) of
Article 178(2) of Regulation (EU) No 575/2013 is the result of financial difficulties of an
obligor, institutions should also assess whether a distressed restructuring has taken place and
whether an indication of unlikeliness to pay has occurred.
Bankruptcy
56. For the purposes of unlikeliness to pay as referred to in point (e) and (f) of Article 178(3) of
Regulation (EU) No 575/2013, institutions should clearly specify in their internal policies what
type of arrangement is treated as an order or as a protection similar to bankruptcy, taking
into account all relevant legal frameworks as well as the following typical characteristics of
such protection:
(a) the protection scheme encompasses all creditors or all creditors with unsecured
claims;
(b) the terms and conditions of the protection scheme are approved by the court or other
relevant public authority;
30
(c) the terms and conditions of the protection scheme include a temporary suspension of
payments or partial redemption of debt;
(d) the measures involve some sort of control over the management of the company and
its assets;
(e) if the protection scheme fails, the company is likely to be liquidated.
57. Institutions should treat all arrangements listed in Annex A to Regulation (EU) 2015/848 5 as
an order or as a protection similar to bankruptcy.
Other indications of unlikeliness to pay

58. Institutions should specify in their internal policies and procedures other additional
indications of unlikeliness to pay of an obligor, besides those specified in Article 178(3) of
Regulation (EU) No 575/2013. Those additional indications should be specified per type of
exposures, as defined in point (2) of Article 142(1) of Regulation (EU) No 575/2013, reflecting
their specificities, and they should be specified for all business lines, legal entities or
geographical locations. The occurrence of an additional indication of unlikeliness to pay
should either result in an automatic reclassification to defaulted exposures or trigger a case-
by-case assessment and may include indications based on internal or external information.
59. The possible indications of unlikeliness to pay that could be considered by institutions on the
basis of internal information include the following:
(a) a borrower’s sources of recurring income are no longer available to meet the
payments of instalments;
(b) there are justified concerns about a borrower’s future ability to generate stable and
sufficient cash flows;
(c) the borrower’s overall leverage level has significantly increased or there are justified
expectations of such changes to leverage;
(d) the borrower has breached the covenants of a credit contract;
(e) the institution has called any collateral including a guarantee;
(f) for the exposures to an individual: default of a company fully owned by a single
individual where this individual provided the institution with a personal guarantee for
all obligations of a company;
5
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings
(OJ L 141, 5.6.2015, p. 19).
31
(g) for retail exposures where the default definition is applied at the level of an individual
credit facility, the fact that a significant part of the total obligation of the obligor is in
default;
(h) the reporting of an exposure as non-performing in accordance with Annex V of

Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 as amended
by Commission Implementing Regulation (EU) 2015/227, except where competent
authorities have replaced the 90 days past due with 180 days past due in accordance
with point (b) of Article 178(1) of Regulation EU (No) 575/2013.
60. Institutions should also take into account the information available in external databases,
including credit registers, macroeconomic indicators and public information sources, including
press articles and financial analyst’s reports. The indications of unlikeliness to pay that could
be considered by institutions on the basis of external information include the following:
(a) significant delays in payments to other creditors have been recorded in the relevant
credit register;
(b) a crisis of the sector in which the counterparty operates combined with a weak
position of the counterparty in this sector;
(c) disappearance of an active market for a financial asset because of the financial
difficulties of the debtor;
(d) an institution has information that a third party, in particular another institution, has
filed for bankruptcy or similar protection of the obligor.
61. When specifying the criteria for unlikeliness to pay, institutions should take into consideration
the relations within the groups of connected clients as defined in point 39 of Article 4(1) of
Regulation (EU) No 575/2013. In particular institutions should specify in their internal policies
when the default of one obligor within the group of connected clients has a contagious effect
on other entities within this group. Such specifications should be in line with the appropriate
policies for the assignment of exposures to individual obligor to an obligor grade and to
groups of connected clients in accordance with point (d) of Article 172(1) of Regulation (EU)
No 575/2013. Where such criteria have not been specified for a non-standard situation, in the
case of default of an obligor that is part of a group of connected clients, institutions should
assess the potential unlikeliness to pay of all other entities within this group on a case-by-case
basis.
62. Where a financial asset was purchased or originated by an institution at a material discount
institutions should assess whether that discount reflects the deteriorated credit quality of the
obligor and whether there are any indications of default in accordance with these guidelines.
The assessment of unlikeliness to pay should refer to the total amount owed by the obligor
regardless of the price that the institution has paid for the asset. This assessment may be
based on the due diligence performed before the purchase of the asset or on the analysis
32
performed for the accounting purposes in order to determine whether the asset is credit-
impaired.
63. Institutions should have adequate policies and procedures to identify credit frauds. Typically
when credit fraud is identified, the exposure is already defaulted on the basis of material
delays in payment. However, if the credit fraud is identified before default has been
recognised this should be treated as an additional indication of unlikeliness to pay.
Governance processes regarding unlikeliness to pay

64. Institutions should establish policies regarding the definition of default in order to ensure its
consistent and effective application and in particular they should have clear policies and
procedures on the application of the criteria for unlikeliness to pay as laid down in Article
178(3) of Regulation (EU) No 575/2013 and all other indications of unlikeliness to pay as
specified by the institution, covering all types of exposures as defined in point (2) of Article
142(1) of Regulation (EU) No 575/2013, for all business lines, legal entities and geographical
locations.
65. With regard to each indication of unlikeliness to pay institutions should define the adequate
methods of their identification, including the sources of information and frequency of
monitoring. The sources of information should include both internal and external sources,
including in particular relevant external databases and registers.
6. Application of the definition of

default in external data
66. Institutions that use the IRB Approach and use external data for the purpose of estimation of
risk parameters in accordance with Article 178(4) of Regulation (EU) No 575/2013 should
apply the requirements specified in this section.
67. For the purposes of Article 178(4) of Regulation (EU) No 575/2013 institutions should do all of
the following:
(a) verify whether the definition of default used in the external data is in line with Article
178 of Regulation (EU) 575/2013;
(b) verify whether the definition of default used in external data is consistent with the
definition of default as implemented by the institution for the relevant portfolio of
exposures, including in particular: the counting and number of days past due that
triggers default, the structure and level of materiality threshold for past due credit
obligations, the definition of distressed restructuring that triggers default, the type
33
and level of specific credit risk adjustments that triggers default and the criteria to
return to non-defaulted status;
(c) document sources of external data, the default definition used in external data, the
performed analysis and all identified differences.
68. For each difference identified in the definition of default resulting from the assessment of
paragraph 67, institutions should do all of the following:
(a) assess whether the adjustment to the internal definition of default would lead to an
increased or a decreased default rate or whether it is impossible to determine;
(b) either perform appropriate adjustments in the external data or be able to

demonstrate that the difference is negligible in terms of the impact on all risk
parameters and own funds requirements,
69. Regarding the totality of the differences identified in the definition of default resulting from
the assessment of paragraph 67 and taking into account the adjustments performed in
accordance with point (b) of paragraph 68, institutions should be able to demonstrate to
competent authorities that broad equivalence with the internal definition of default has been
achieved, including, where possible by comparing the default rate in internal data on a
relevant type of exposures with external data.
70. Where the assessment of paragraph 67 identifies differences in the definition of default
which the process of paragraph 68 reveals to be non-negligible but not possible to overcome
by adjustments in the external data, institutions are required to adopt an appropriate margin
of conservatism in the estimation of risk parameters as referred to in Article 179(1)(f) of
Regulation (EU) No 575/2013. In that case institutions should ensure that this additional
margin of conservatism reflects the materiality of the remaining differences in the definition
of default and their possible impact on all risk parameters.
7. Criteria for the return to a non-

defaulted status
Minimum conditions for reclassification to a non-defaulted status

71. For the purposes of the application of Article 178(5) of Regulation (EU) 575/2013, except for
situations referred to in paragraph 72, institutions should apply all of the following:
(a) consider that no trigger of default continues to apply to a previously defaulted

exposure, where at least 3 months have passed since the moment that the conditions
34
referred to in Articles 178(1)(b) and 178(3) of Regulation (EU) No 575/2013 cease to

be met;
(b) take into account the behaviour of the obligor during the period referred to in point
(a);
(c) take into account the financial situation of the obligor during the period referred to in
point (a);
(d) after the period referred to in point (a), perform an assessment, and, where the
institution still finds that the obligor is unlikely to pay its obligations in full without
recourse to realising security, the exposures should continue to be classified as
defaulted until the institution is satisfied that the improvement of the credit quality is
factual and permanent;
(e) the conditions referred to in points (a) to (d) should be met also with regard to new
exposures to the obligor, in particular where the previous defaulted exposures to this
obligor were sold or written off.
Institutions may apply the period referred to in point (a) to all exposures or apply different
periods for different types of exposures.
72. For the purposes of the application of Article 178(5) of Regulation (EU) 575/2013, and where
distressed restructuring according to paragraph 49 of these guidelines applies to a defaulted
exposure, regardless of whether such restructuring was carried out before or after the
identification of default, institutions should consider that no trigger of default continues to
apply to a previously defaulted exposure, where at least 1 year has passed from the latest
between one of the following events:
(a) the moment of extending the restructuring measures;
(b) the moment when the exposure has been classified as defaulted;
(c) the end of the grace period included in the restructuring arrangements.
73. Institutions should reclassify the exposure to a non-defaulted status after at least the one
year period referred to in the previous paragraph, where all of the following conditions are
met:
(a) during that period a material payment has been made by the obligor; material
payment may be considered to be made where the debtor has paid, via its regular
payments in accordance with the restructuring arrangements, a total equal to the
amount that was previously past-due (if there were past-due amounts) or that has
been written-off (if there were no past-due amounts) under the restructuring
measures;
35
(b) during that period the payments have been made regularly according to the schedule
applicable after the restructuring arrangements;
(c) there are no past due credit obligations according to the schedule applicable after the
restructuring arrangements;
(d) no indications of unlikeliness to pay as specified in Article 178(3) of Regulation (EU) No

575/2013 or any additional indications of unlikeliness to pay specified by the
institution apply;
(e) the institution does not consider it otherwise unlikely that the obligor will pay its credit
obligations in full according to the schedule after the restructuring arrangements
without recourse to realising security. In this assessment institutions should examine
in particular situations where a large lumpsum payment or significantly larger
payments are envisaged at the end of the repayment schedule;
(f) the conditions referred to in points (a) to (e) should be met also with regard to new
exposures to the obligor, in particular where the previous defaulted exposures to this
obligor that were subject to distressed restructuring were sold or written off.
74. Where the obligor changes due to an event such as a merger or acquisition of the obligor or
any other similar transaction, the institution should not apply paragraph 73(a). Where the
obligor’s name changes, instead, institutions should apply that paragraph.
Monitoring of the effectiveness of the policy

75. For the purposes of the application of Article 178(5) of Regulation (EU) 575/2013, an
institution should define clear criteria and policies regarding when the obligor can be
classified back to non-defaulted status and more in particular, both of the following:
(a) when it can be considered that the improvement of the financial situation of an
obligor is sufficient to allow the full and timely repayment of the credit obligation;
(b) when the repayment is actually likely to be made even where there is an
improvement in the financial situation of an obligor in accordance with point (a).
76. Institutions should monitor on a regular basis the effectiveness of their policies mentioned in
paragraph 75, and in particular monitor and analyse:
(a) the changes of status of the obligors or facilities;
(b) the impact of the adopted policies on cure rates;
(c) the impact of adopted policies on multiple defaults.
36
77. It is expected that the institution would have a limited number of obligors who default soon
after returning to a non-defaulted status. In the case of extensive number of multiple defaults
the institution should revise its policies with regard to the reclassification of exposures.
78. The analysis of the changes in statuses of the obligors or facilities should in particular be
taken into account for the purpose of specifying the periods referred to in paragraphs 71 and
72. Institutions may specify longer periods for the exposures that have been classified as
defaulted in the preceding 24 months.
8. Consistency in the application of the

definition of default
Overview
79. Institutions should adopt adequate mechanisms and procedures in order to ensure that the
definition of default is implemented and used in a correct manner, and should, in particular,
ensure:
(a) that default of a single obligor is identified consistently across the institution with
regard to all exposures to this obligor in all relevant IT systems, including in all the
legal entities within the group and in all geographical locations in accordance with
paragraphs 80 to 82 or for retail exposures in accordance with paragraphs 92 to 94;
(b) that one of the following applies:
i. the same definition of default is used consistently by an institution, parent

undertaking or any of its subsidiaries and across the types of exposures;
ii. where different definitions of default apply either within a group or across
the types of exposures, the scope of application of each of the default
definitions is clearly specified, in accordance with paragraphs 83 to 85;
Consistent identification of default of a single obligor

80. For the purposes of point (a) of paragraph 79, institutions should implement adequate
procedures and mechanisms to ensure that the default of a single obligor is identified
consistently across the institution with regard to all exposures to this obligor in all relevant IT
systems, including in all the legal entities within the group and in all geographical locations
where it is active in ways other than via a legal entity.
81. Where the exchange of client data among different legal entities within an institution, the
parent undertaking or any of its subsidiaries is prohibited by consumer protection regulations,
37
bank secrecy or other legislation resulting in inconsistencies in the identification of default of

an obligor, institutions should inform their competent authorities of these legal impediments
and, if they use the IRB Approach they should also estimate the materiality of the
inconsistencies in the identification of default of an obligor and their possible impact on the
estimates of risk parameters.
82. Further, where the identification of default of an obligor in a manner fully consistent across
the institution, the parent undertaking or any of its subsidiaries is very burdensome, requiring
development of a centralised database of all clients or implementation of other mechanisms
or procedures to verify the status of each client at all entities within the group, institutions
need not apply such mechanisms or procedures if they can demonstrate that the effect of
non-compliance is immaterial because there are no or very limited number of common clients
among the relevant entities within a group and the exposure to these clients is immaterial.
Consistent use of the definition of default across types of

exposures
83. For the purposes of point (b) of paragraph 79, an institution, parent undertaking or any of its
subsidiaries should use the same definition of default for a single type of exposures as defined
in point (2) of Article 142(1) pf Regulation (EU) No 575/2013. They may use different
definitions of default for different types of exposures, including for certain legal entities or for
presence in geographical locations in ways other than via a legal entity, where this is justified
by the application of significantly different internal risk management practices or by different
legal requirements applying in different jurisdictions, in particular by reasons such as:
(a) different materiality thresholds set by competent authorities in their jurisdictions in

accordance with point (d) of Article 178(2) of Regulation (EU) No 575/2013;
(b) the use of 180 days instead of 90 days past due for certain types of exposures to
which the IRB Approach is applied in some jurisdictions in accordance with point (b)
of Article 178(1) of Regulation (EU) No 575/2013;
(c) the specification of additional indications of unlikeliness to pay specific for certain
legal entities, geographical locations or types of exposures.
84. For the purposes of point (b)(ii) of paragraph 79, and where different definitions of default
are applied either across types of exposures in accordance with paragraph 83, the
institutions’ internal procedures relating to the definition of default should ensure both of the
following:
(a) that the scope of application of each definition is clearly specified;
(b) that the definition of default specified for a certain type of exposures, legal entity or
geographical location is applied consistently to all exposures within the scope of
application of each relevant definition of default.
38
85. Further, for institutions that use the IRB Approach, the use of different default definitions has
to be adequately reflected in the estimation of risk parameters in the case of ratings systems
which scope of application encompasses different default definitions.
9. Application of the definition of

default for retail exposures
Level of application of the default definition for retail exposures

86. According to the second sub-paragraph of Article 178(1) of Regulation (EU) No 575/2013, in
the case of retail exposures, institutions may apply the definition of default at the level of an
individual credit facility rather than in relation to the total obligations of a borrower.
Therefore, institutions that use the IRB Approach, in particular, may apply the definition of
default at the level of the individual facility for retail exposures as defined in Article 147(5) of
Regulation (EU) 575/2013. Institutions that use the Standardised Approach, instead may apply
the definition of default at the level of an individual credit facility for all exposures that meet
the criteria specified in Article 123 of Regulation (EU) 575/2013, even where some of those
exposures have been assigned to a different exposure class for the purpose of assigning a risk
weight, such as exposures secured by mortgages on immovable property.
87. Institutions should choose the level of application of the definition of default between obligor
and facility for all retail exposures in a way that reflects their internal risk management
practices.
88. Institutions may apply the definition of default at the level of an obligor for some types of
retail exposures and at the level of a credit facility for others, where this is well justified by
internal risk management practices, for instance due to a different business model of a
subsidiary, and where there is evidence that the number of situations where the same clients
are subject to different definitions of default at different levels of application is kept to a strict
minimum.
89. Where institutions decide to use different levels of application of the definition of default for
different types of retail exposures, according to paragraph 88, they should ensure that the
scope of application of each definition of default is clearly specified and that it is used
consistently over time for different types of retail exposures. In the case of institutions that
use the IRB Approach the risk estimates should correctly reflect the definition of default
applied to each type of exposures.
90. Where institutions use different levels of application of the default definition with regard to
certain retail portfolios, the treatment of common clients across such portfolios should be
specified in their internal policies and procedures. In particular, where the exposure to which
39
the definition of default at the obligor level applies fulfils either or both of the conditions of
points (a) or (b) of Article 178(1) of Regulation (EU) No 575/2013, then all exposures to that
obligor should be considered defaulted, including those subject to the application of the
definition of default at individual credit facility level. Where the exposure subject to the
application of the definition of default at individual credit facility level meets those
conditions, the other exposures to the obligor should not be automatically reclassified to
default status. Institutions, however, may classify those other exposures as defaulted on the
basis of other unlikeliness to pay considerations, as provided further in paragraphs 92 to 94.
91. The same rule should apply to the obligors treated under the Standardised Approach, where
some exposures to an obligor fulfil the requirements of Article 123 of Regulation (EU)
575/2013 while other exposures to the same obligor are in the form of securities and
therefore do not qualify as retail. Where an exposure in the form of a security fulfils either or
both of the conditions of points (a) or (b) of Article 178(1) of Regulation (EU) No 575/2013, all
exposures to that obligor should be considered defaulted. Where the exposure that fulfils the
requirements of Article 123 of Regulation (EU) 575/2013 meets those conditions and the
institution applies the definition of default at the individual credit facility level, the other
exposures to the obligor should not be automatically reclassified to default status.
Institutions, however, may classify those other exposures as defaulted on the basis of other
unlikeliness to pay considerations, as provided further in paragraphs 92 to 94.
Application of the definition of default for retail exposures at the

facility level
92. Where, in accordance with the second sub-paragraph of Article 178(1) of Regulation (EU) No
575/2013, the definition of default has been applied at the level of an individual credit facility
with regard to retail exposures, institutions should not consider automatically the different
exposures to the same obligor defaulted at the same time. Nevertheless institutions should
take into account that some indications of default are related with the condition of the
obligor rather than the status of a particular exposure. This refers in particular to the
indications of unlikeliness to pay related with the bankruptcy of the obligor as specified in
points (e) and (f) of Article 178(3) of Regulation (EU) No 575/2013. Where such indication of
default occurs, institutions should treat all exposures to the same obligor as defaulted
regardless of the level of application of the definition of default.
93. Institutions should consider also other indications of unlikeliness to pay and specify, in line
with their internal policies and procedures, which indications of unlikeliness to pay reflect the
overall situation of an obligor rather than that of the exposure. Where such other indications
of unlikeliness to pay occur, all exposures to the obligor should be considered defaulted
regardless of the level of application of the definition of default.
94. Additionally, where a significant part of the exposures to the obligor is in default, institutions
may consider it unlikely that the other obligations of that obligor will be paid in full without
recourse to actions such as realising security and treat them as defaulted as well.
40
Application of the definition of default for retail exposures at the

obligor level
95. The application of the definition of default for retail exposures at the obligor level implies
that, where any credit obligation of the obligor meets the conditions of points (a) or (b) or
both of Article 178(1) of Regulation (EU) No 575/2013, then all exposures to that obligor
should be considered defaulted. Institutions that decide to apply the definition of default for
retail exposures at the obligor level should specify detailed rules for the treatment of joint
credit obligations and default contagion between exposures in their internal policies and
procedures.
96. Institutions should consider a joint credit obligation as an exposure to two or more obligors
that are equally responsible for the repayment of the credit obligation. This notion does not
extend to a credit obligation of an individual obligor secured by another individual or entity in
the form of a guarantee or other credit protection.
97. Where the conditions of points (a) or (b) or both of Article 178(1) of Regulation (EU) No
575/2013 are met with regard to a joint credit obligation of two or more obligors, institutions
should consider all other joint credit obligations of the same set of obligors and all individual
exposures to those obligors as defaulted, unless they can justify that the recognition of
default on individual exposures is not appropriate because at least one of the following
conditions apply:
(a) the delay in payment of a joint credit obligation results from a dispute between the
individual obligors participating in the joint credit obligation that has been introduced
to a court or another formal procedure performed by a dedicated external body that
results in a binding ruling in accordance with the applicable legal framework in the
relevant jurisdiction, and there is no concern about the financial situation of the
individual obligors;
(b) a joint credit obligation is an immaterial part of the total obligations of an individual
obligor.
98. The default of a joint credit obligation should not cause the default of other joint credit
obligations of individual obligors with other individuals or entities, which are not involved in
the credit obligation that has initially been defaulted; however, institutions should assess
whether the default of the joint credit obligation at hand constitutes an indication of
unlikeliness to pay with regard to the other joint credit obligations.
99. Where the conditions of points (a) or (b) or both of Article 178(1) of Regulation (EU) No
575/2013 are met with regard to the credit obligation of an individual obligor, the contagious
effect of this default should not automatically spread to any joint credit obligations of that
obligor; nevertheless, institutions should assess such joint credit obligations for possible
indications of unlikeliness to pay related with the default of one of the obligors. In any case,
41
where all individual obligors have a defaulted status, their joint credit obligation should
automatically also be considered defaulted.
100. Institutions should identify, on the basis of the analysis of relevant legal provisions in a
jurisdiction, and provide in their internal policies and procedures for the identification of the
obligors that are legally fully liable for certain obligations jointly and severally with other
obligors, therefore being fully liable for the entire amount of those obligations, but excluding
credit obligations of an individual obligor secured by another individual or entity in the form
of a guarantee or other credit protection. A typical example would be a married couple
where, based on specific legal provisions applicable in the relevant jurisdiction, division of
marital property (system of separate estates) does not apply. In the case of full mutual
liability for all obligations, default of one of such obligors should be considered an indication
of potential unlikeliness to pay of the other obligor and therefore institutions should assess
whether the individual and joint credit obligations of these obligors should be considered
defaulted. Where one of the joint and several obligors that are legally fully liable for all
obligations, has a joint credit obligation with another client, the institution should assess
whether indications of unlikeliness to pay occur also on the other joint credit obligations with
third parties.
101. Institutions should also analyse the forms of legal entities in relevant jurisdictions and the
extent of liability of the owners, partners, shareholders or managers for the obligations of a
company depending on the legal form of the entity. Where an individual is fully liable for the
obligations of a company, default of that company should result in that individual being
considered defaulted as well. Where such full liability for the obligations of a company does
not exist, owners, partners or significant shareholders of a defaulted company should be
assessed by the institution for possible indications of unlikeliness to pay with regard to their
individual obligations.
102. Additionally, in the specific case of an individual entrepreneur where an individual is fully
liable for both private and commercial obligations with both private and commercial assets
the default of any of the private or commercial obligations should cause all private and
commercial obligations of such individual to be considered as defaulted as well.
103. Where the definition of default is applied at the level of an obligor for retail exposures,
the materiality threshold should also be applied at the level of an obligor. Institutions should
clearly specify in their internal policies and procedures the treatment of joint credit
obligations in the application of the materiality threshold.
104. A joint obligor, i.e. a specific set of individual obligors that have a joint obligation towards
an institution, should be treated as a different obligor from each of the individual obligors. In
the case the delay in payment occurs on a joint credit obligation, the materiality of such delay
should be assessed by applying the materiality threshold referred to in point (d) of Article
178(2) of Regulation (EU) No 575/2013 to all joint credit obligations granted to this specific
set of obligors. For this purpose the individual exposures to obligors participating in a joint
42
credit obligation or to any other subsets of such obligors should not be taken into account.
However, where the materiality threshold for a joint obligor calculated in this way is
breached, all joint credit obligations of this set of obligors and all individual exposures to the
obligors participating in a joint credit obligation should be considered defaulted unless any of
the conditions specified in paragraph 97 is met.
105. When delay in payment occurs on an individual credit obligation, the materiality of such
delay should be assessed by applying the materiality threshold referred to in point (d) of
Article 178(2) of Regulation (EU) No 575/2013 to all individual credit obligations of this
obligor, without taking into account any joint credit obligations of that obligor with other
individuals or entities. Where the materiality threshold calculated in this way is breached, all
individual exposures to this obligor should be considered defaulted.
10. Documentation, internal policies and

risk management processes
Timeliness of the identification of default

106. Institutions should have effective processes that allow them to obtain the relevant
information in order to identify defaults in a timely manner, and to channel the relevant
information in the shortest possible time and, where possible, in an automated manner, to
the personnel that is responsible for taking credit decisions, and more in particular:
(a) where they apply automatic processes, such as counting of days past due, the
identification of indications of default should be performed on a daily basis;
(b) where they implement manual processes, such as checking external sources and
databases, analysis of watch lists, analysis of the lists of forborne exposures,
identification of SCRA, the information should be updated with a frequency that
guarantees the timely identification of default.
107. Institutions should verify on a regular basis that all forborne non-performing exposures
are classified as default and subject to distressed restructuring. Institutions should also
analyse on a regular basis the forborne performing exposures in order to determine whether
any of them fulfils the indication of unlikeliness to pay as specified in Article 178(3)(d) of
Regulation (EU) No 575/2013 and in paragraphs 49 to 55.
108. Control mechanisms should ensure that the relevant information is used in the default
identification process immediately after being obtained. All exposures to a defaulted obligor
or all relevant exposures in case of the application of the definition of default at the facility
level for retail exposures should be marked as defaulted in all relevant IT systems without
43
undue delay. If delays occur in the recording of the default, such delays should not lead to
errors or inconsistencies in risk management, risk reporting, the own funds requirements
calculation or the use of data in risk quantification. In particular it should be ensured that the
internal and external reporting figures reflect a situation where all exposures are correctly
classified.
Documentation
109. Institutions should document their policies regarding the definition of default including all
triggers for identification of default and the exit criteria as well as clear identification of the
scope of application of the definition of default and, more in particular they should:
(a) document the operationalisation of all indications of default;
(b) document the operationalisation of the criteria for reclassification of a defaulted

obligor to a non-defaulted status;
(c) keep an updated register of all definitions of default.
110. For the purposes of point (a) of paragraph 109, institutions should document the
application of the definition of default in a detailed manner by including the
operationalization of all indications of default, including the process, sources of information
and responsibilities for the identification of particular indications of default.
111. For the purposes of point (b) of paragraph 109, institutions should document the
operationalization of the criteria for reclassification of a defaulted obligor to a non-defaulted
status, including the processes, sources of information and responsibilities assigned to
relevant personnel.
112. For the purposes of paragraphs 110 and 111, the documentation should include
description of all automatic mechanisms and manual processes, and where qualitative
indications of default or criteria for the return to non-defaulted status are applied manually
the description should be sufficiently detailed to facilitate common understanding and
consistent application by all responsible personnel.
113. For the purposes of point (c) of paragraph 109, institutions should keep an updated
register of all current and past versions of the default definition at least starting from the date
of application of these guidelines. This register should include at least the following
information:
(a) the scope of application of the default definition, if there is more than one default
definition used within the institution, the parent undertaking or any of its
subsidiaries;
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(b) the body approving the definition or definitions of default and date of approval for
each of those definitions of default;
(c) the date of implementation of each definition of default;
(d) brief description of all changes performed relatively to the last version;
(e) in the case of institutions that have permission to use the IRB Approach, the change
category assigned, the date of submission to the competent authorities and, if
applicable, the date of approval by the competent authorities.
Internal governance requirements for institutions applying the IRB

Approach
114. Institutions that use the IRB Approach should adopt adequate mechanisms and
procedures in order to ensure that the definition of default is implemented and used in a
correct manner, and should in particular ensure that:
(a) the definition of default and the scope of its application is what is required to be
approved by the management body, or by a committee designated by it, and by
senior management in accordance with Article 189(1) of Regulation (EU) 575/2013;
(b) the definition of default is used consistently for the purpose of the own funds
requirements calculation and plays a meaningful role in the internal risk management
processes by being used at least in the area of monitoring of exposures and in the
internal reporting to senior management and management body;
(c) the internal audit unit or another comparable independent auditing unit reviews
regularly the robustness and effectiveness of the process used by the institution for
the identification of default, taking into account in particular the timeliness of the
identification of default referred to in paragraphs 106 to 108; and ensuring that the
conclusions of the internal audit’s review and respective recommendations, as well as
the measures taken to remedy the identified weaknesses are communicated directly
to the management body or the committee designated by it.
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4. Accompanying documents
4.1 Impact assessment
A. Problem identification
Under Article 178(7) of the CRR, the EBA is required to develop guidelines on the application of
the definition of default (GL).
The primary problem that the GL aim to address is the potential lack of common practice and
variations in the application of the definition of default. Significant variations have been observed
in particular in such areas as counting of days past due, assessment of indications of unlikeliness
to pay, criteria for reclassification of an obligor from default to non-defaulted status and the use
of technical defaults. The lack of a common and consistent application of the definition of default
may further lead to incomparability of IRB risk parameters and own funds requirements under
both the IRB Approach and the Standardised Approach. This situation would create an uneven
playing field across Member States and institutions.
B. Policy objectives
The objective of the GL is to establish convergence of institutions’ practices and supervisory

practices regarding the application of the definition of default. The GL are complementary to the
RTS on the materiality threshold for credit obligations past due under Article 178(6) of Regulation
(EU) No 575/2013 (RTS on the materiality threshold) and specify indications and criteria for the
application of the definition of default. Harmonisation of the current practices, which vary across
Member States and institutions, is expected to enhance comparability of own funds and own
funds requirements and to reduce the burden for cross-border institutions of complying with
different regulatory frameworks.
The GL aim to set common criteria in the major policy fields, including:
 past due criterion as an indication of default;
 indications of unlikeliness to pay;
 return to non-defaulted status;
 the application of the definition of default for retail exposures;
 the application of the definition of default in external data.
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C. Baseline scenario
The EBA conducted a qualitative and quantitative impact study (QIS) to assess the impact of the
regulatory proposals to harmonise the definition of default proposed in consultation papers on
the GL and the RTS on the materiality threshold. A total of 72 institutions participated in the
study. Detailed results of the QIS are presented in a report on the results of the data collection
exercise on the proposed regulatory changes for a common EU approach to the definition of
default (QIS report) published alongside these GL on the EBA website.
The QIS contains two parts: a qualitative questionnaire to gather information on institutions’
current practices and a quantitative survey aimed at quantifying the impact of the proposed
technical options around the definition of default. The baseline information from the qualitative
questionnaire is the benchmark for assessing the potential costs and benefits that European
institutions will be subject to under the technical options. In other words, if the current practices
of the institutions are the same as or similar to the elements that are specified in the GL, the
expected costs will be lower than if the current practices are very different from the practices
resulting from the policy decisions taken under the GL.
The results of the QIS confirm that substantial variability exists in the approaches taken across
institutions in most of the areas related to the definition of default. The quantitative part of the
report reinforces the conclusion that differences in the definitions of default used by institutions
appear to be a driver of RWA variability.
Section 2 of the QIS report presents an overview of the current practices across institutions in
relation to the technical options considered in the consultation paper on the GL. Below, the
current practices observed for each technical option are compared with the provisions specified
in the GL.
Section 2.2 of the QIS report shows that more than half of the institutions apply a single default
definition across the group; in the other institutions, the main reasons behind the use of various
default definitions, in line with paragraph 83 of the GL, may stem from different materiality
thresholds or different counting of days past due for retail and non-retail exposures.
Section 2.3 of the QIS report shows that institutions are heterogeneous in their application of the
definition of default for retail exposures. Institutions are split between those which apply the
definition of default at the obligor level and those which apply the definition of default at the
facility level or at both the facility and the obligor level. The choice in that regard is granted by
Article 178(1) of the CRR. Also, the use of different levels of application of the definition of default
for certain retail portfolios, under certain conditions, is in line with the requirements included in
the GL. Among those institutions applying the definition of default at the facility level almost
three quarters do not apply the pulling effect for the purpose of default identification, but the GL
also leave it to institutions to assess whether the application of the pulling effect is appropriate
and include it only as an optional indication of unlikeness to pay. The QIS results show, moreover,
a heterogeneous use of contagion rules where the definition of default is applied at the obligor
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level. Almost a third of the institutions do not have a contagion rule in place and the remaining
institutions apply very specific contagion rules. Such specific rules have been specified in the GL.
Section 2.4 of the QIS report shows that more than half of the institutions either do not have a
definition of technical past due situations in place or recognise technical default on a case-by-case
basis. The majority of institutions which have a definition for technical defaults in place use a
definition that is in line with the one proposed in the GL.
More than a third of the institutions do not consider specific credit risk adjustments (SCRA)
resulting from a perceived decline in the credit quality of an obligation as an indication of
unlikeness to pay, as Section 2.7 of the QIS report shows. Moreover, around 20% of the
institutions reported using the impairment of an exposure as a potential trigger for default, and
they are split between those that consider this regardless of whether there are any SCRA
assigned, in line with the GL, and those which instead consider impairment only if SCRA are
assigned.
Section 2.8 of the QIS report shows that there are greatly differing interpretations of distressed
restructuring as an indication of unlikeliness to pay, as referred to in point (d) of Article 178(3) of
the CRR. In half of the institutions distressed restructuring triggers default only if it leads to a
diminished financial obligation, and in another 20% of the institutions it triggers default with no
other conditions applied. Only around 20% of those institutions use a quantitative threshold
related to distressed restructuring, but these thresholds follow a different concept from that
specified in the GL and use as a reference figure the exposure value rather than a measure of loss.
Regarding the sale of credit obligations the results of the qualitative part of the QIS are limited.
Section 2.9 of the QIS report shows that the requirements set out in the GL will not affect the
majority of the institutions participating in the QIS, which claim that normally they do not sell
credit obligations. The remaining institutions sell credit obligations, but only occasionally, and
only 20% of them use a quantitative threshold for evaluating the materiality of the credit-related
economic loss associated with the sale.
Section 2.10 of the QIS report shows that the types of other indications of unlikeness to pay used
are generally in line with those proposed in the GL for almost half of the institutions participating
in the QIS. Other triggers of default mentioned relate to the counting of days past due,
extrajudicial procedures against the obligor or enforcement procedures performed by the
institution on the obligor. However, in accordance with the GL, institutions will retain flexibility in
specifying the additional indications of unlikeliness to pay that are appropriate for specific
circumstances and types of exposures.
Finally, Section 2.11 of the QIS report shows that probation periods before a return to non-
defaulted status, for exposures defaulted due to either the days past due criterion or distressed
restructuring, is the area where the greatest variability of practices is observed. As a
consequence, most of the practices observed differ from the requirements set out in the GL. The
qualitative analysis shows that around half of the institutions apply probation periods at least to
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some extent, while the other half do not use probation periods at all, or only for distressed
restructuring. In those cases where a probation period is used, half of the institutions reclassify
obligors automatically to non-defaulted status after the end of the period and half only after a
case-by-case assessment. In addition to this, a wide range of practices is observed with regard to
both the starting point and the length of the probation period.
The length of the probation period in use ranges from 1 month to 1 year for exposures defaulted
due to the past due criterion, with around half of the institutions using a probation period of
3 months or more. For exposures under distressed restructuring the length of the probation
period in use ranges from 3 months to 1 year, with almost half of the institutions using the
minimum probation period of 1 year prescribed in the GL.
In the case of exposures defaulted due to the past due criterion 43% of the institutions link the
start of the probation period to when the default triggers no longer apply, as prescribed in the GL.
For exposures under distressed restructuring only 4% of the institutions link the start of the
probation period to the latest event between the start of the restructuring measures and the
default event, largely in line with what is prescribed in the GL. The most common approach (used
by 33% of the institutions) is letting the probation period start when the restructuring measures
are applied without checking whether this date is prior to or after the date of default or the end
of any grace period.
D. Options considered
This section presents an assessment of the technical options considered in the GL. For each
option, the potential advantages and disadvantages together with the potential costs and benefits
are discussed.
Treatment of retail exposures
Institutions should choose the level of application of the definition of default for retail exposures
so that it reflects their internal risk management practices. In exceptional situations institutions
may be allowed to apply the definition of default at the level of an obligor for some types of retail
exposures and at the level of a credit facility for others.
The GL require that if an institution decides to use different levels of application of the definition
of default for different types of retail exposures the scope of application of each definition of
default should be clearly specified. In addition to this, the GL considered:
a. a requirement to use the same level of application across all retail portfolios of the
institution, parent undertaking and any of its subsidiaries;
b. the possibility of using different levels of application of the definition of default for certain
retail portfolios only where there are no or a limited number of common clients between
those portfolios (i.e. the number of common clients is kept to a strict minimum); and
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c. the possibility of using different levels of application of the definition of default for certain
retail portfolios if this is justified by different internal risk management practices.
Option a achieves full and strict harmonisation across Member States and adherence to CRR
requirements. It also provides full comparability of default rates between portfolios. However, the
option suffers from a lack of flexibility; it is not possible to adjust the level of application of the
definition of default to internal risk management practices.
Option c provides institutions with full flexibility to adjust the level of application of the definition
of default to internal risk management practices; however, it may lead to a lack of adherence to
CRR requirements as regards the application of the definition of default at the obligor level. It is
possible that one exposure of the obligor that is assessed at the facility level may be defaulted
whereas other exposures remain in non-defaulted status even though the definition of default
applies at the obligor level. Additionally, this does not allow comparability of default rates
between portfolios.
Option b finds a balance between the two previous options. While it creates a level playing field
for the institutions and the regulators, it also provides flexibility to adjust the level of application
of the definition of default to internal risk management practices, especially for entities located in
different jurisdictions. At the same time it ensures compliance with the CRR in that where the
definition of default is applied at the obligor level all exposures of an obligor are defaulted at the
same time. Under option b costs may be incurred due to routine monitoring of the number of
common clients between portfolios. However, the benefits are expected to exceed the costs.
Therefore, the preferred option is option b.
Treatment of the pulling effect
Where the institution decides to apply the definition of default at the level of an individual credit
facility there is no automatic contagion between exposures. Nevertheless, some indications of
default are related to the condition of an obligor rather than the status of a particular exposure.
The so-called ‘pulling effect’, introduced in the ITS on supervisory reporting, is related to the
threshold in terms of a percentage of the total credit obligations of an obligor that indicates when
all exposures of an obligor should be considered non-performing. This means that for the purpose
of supervisory reporting if 20% of exposures of one obligor are classified as non-performing all
other exposures to this obligor should also be reported as non-performing.
As all defaulted exposures are required to be reported as non-performing the pulling effect is in
practice only applicable to retail exposures where the definition of default is applied at the facility
level. In all other cases, i.e. where the definition of default is applied at the obligor level, if one
exposure is considered defaulted then all other exposures also have to be classified as defaulted
and therefore all exposures of the obligor are classified as non-performing.
The qualitative analysis assessed whether the GL should introduce requirements related to the
pulling effect in the application of the definition of default. The options included:
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a. no pulling effect for prudential purposes;

b. the threshold for the pulling effect to be specified by the institution;
c. the threshold for the pulling effect to be specified by the institution with a cap at 20%;
d. the threshold for the pulling effect to be specified at the level of 20%.
Option a suggests no pulling effect provision in the GL. A major advantage of the option is that the
possible contagion of default between the exposures of an obligor may be implemented fully in
line with internal risk management procedures. However, the option is not in line with the ITS on
supervisory reporting and might lead to decreased comparability of risk estimates among
institutions.
Option b suggests that the institutions specify the threshold for the pulling effect. In this way,
institutions may be able to set their thresholds at the optimum level for their risk management
systems. Major disadvantages of this option are, again, the lack of harmonisation and possible
divergence from the ITS on supervisory reporting.
Option c elaborates on the previous option by setting a cap of 20%, in line with the ITS on
supervisory reporting. Under this option institutions specify the threshold for the pulling effect
but these thresholds are be capped at 20%. If an institution decides to introduce a lower
threshold, all defaulted exposures will be reported as non-performing. Also, the option allows the
possibility of introducing stricter rules if this is justified by the observed historical data. A concern
related to this option is that the cap may lead to an excessive number of zero-loss defaults.
Option d sets the threshold for the pulling effect at the 20% level. Although the option achieves
full harmonisation and alignment with the supervisory framework, it lacks flexibility and leaves
room for an excessive number of zero-loss defaults.
According to the results of the QIS almost three quarters of the institutions do not apply the
pulling effect for the purpose of default identification. Taking into account this evidence together
with the considerations related to the excessive recognition of zero-loss defaults and possible
future changes in the supervisory reporting framework, it was decided that the pulling effect
should not be introduced as an obligatory requirement for the purpose of the definition of default
in the prudential framework; therefore, the preferred option is option a. Nevertheless, some
institutions might still see default of some of exposures to an obligor as an indication of
unlikeliness to pay for the remaining exposures to this obligor and might want to align the
treatment of those exposures for prudential and reporting purposes. Therefore, it is proposed
that where institutions consider it appropriate they may define an additional indication of
unlikeliness to pay that will reflect the principle of the pulling effect.
Definition of technical past due situations
The concept of so-called ‘technical past due situations’, often called ‘technical defaults’, has not
been specified in the CRR. However, this concept is commonly used across banks, although its
meaning and application vary significantly. The main purpose of the RTS on the materiality
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threshold is to identify situations where small amounts are past due as a result of technical
circumstances rather than the financial situation of the obligor and eliminate them from the
estimation of risk parameters. Since the materiality threshold already serves the purpose of
identification of technical delays in payments, all exposures where the materiality threshold has
been breached should be treated as actual defaults.
The qualitative analysis assessed whether the GL should introduce a precise definition of
‘technical past due situation’ or ‘technical default’ in order to ensure harmonised application of
the definition of default. The assessment included the following options:
a. no definition of technical default;
b. technical default referring to various non-credit-related reasons for delays in payments;
c. technical default specified as a situation where the default event has not really occurred,
as default identification was a result of certain errors or inefficiencies in data, IT systems
or processes;
d. technical default specified as in option c but with an additional clarification for factoring
arrangements where the purchased receivables are recorded on the balance sheet of the
institution; in this case, technical default would be specified as a situation where the
materiality threshold is breached but none of the receivables is past due more than 30
days;
e. technical default specified as a situation where an exposure is past due and the
materiality threshold has not been breached.
It might be argued that it is obvious that all exposures past due where the materiality threshold
has been breached should be treated as defaulted because that is required directly by the CRR,
and the CRR does not envisage any exceptions from this rule. However, as many varying practices
are currently observed, not including a provision on the definition of technical past due situations
(option a) would sanction the status quo and leave room for various supervisory expectations. As
a result the policy would not achieve harmonisation in the treatment of defaults for the
estimation of risk parameters.
Option b allows the possibility of accounting for the specific situation of each obligor, i.e. non-
credit-related reasons for delays in payments, assuming that it would be possible to define these
situations in a precise and accurate manner. However, this option may result in actual defaults
being overlooked and does not achieve full compliance with the CRR requirements. Also, under
this option harmonisation of approaches would not be achieved as the assessment of non-credit-
related situations would involve subjective judgement and could in some cases be overused,
leading to underestimation of risk parameters.
Option c defines ‘technical default’ as a situation where the default event has not really occurred.
The option clearly defines the limits of the concept of technical default. It is a simple and
unambiguous definition that allows harmonised implementation. It also allows full compliance
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with the CRR requirements, although defaults may include cases where delays in payments result
from non-credit-risk-related events.
Option d extends option c taking into account the feedback received during the consultation
period. Due to the specific characteristics of factoring arrangements, where an institution may
have many receivables towards one debtor which are frequently replaced, it is possible that the
past due criterion might be breached, although the client pays the obligations regularly, by some
minor delay. In order to avoid unintended consequences for the factoring industry, institutions
should be allowed to consider technical past due situations cases where the materiality threshold
is breached by purchased receivables that are recorded on the balance sheet of the institution if
none of the receivables is past due by more than 30 days.
Finally, option e suggests that technical default could be defined as a situation where an exposure
is past due and the materiality threshold has not been breached. This is also a simple and
unambiguous definition that allows harmonised implementation; however, under this option
bank errors on amounts exceeding the materiality threshold would count as defaults and
therefore the estimates could give inaccurate and wrong information. Additionally, some of these
situations may in fact result from credit-risk-related reasons; therefore, this definition would not
be sufficiently precise. Delay in payments over the materiality threshold should only be treated as
a backstop, i.e. the latest possible moment for the identification of default.
Taking into account the above considerations option d seems to be the most appropriate.
Exposures to central governments, local authorities and public sector entities
Exposures to central governments, local authorities and public sector entities are often
characterised by lengthy administrative procedures related to repayment processes, which may
lead to these counterparties meeting their financial obligations with delay. As many respondents
in the consultation process requested a specific treatment for these exposures considering the
non-credit-risk nature of such delays in payment, this was taken into account in the specification
of the final GL. The following options were considered:
a. the possibility of classifying these exposures as technical past due situations with
full flexibility to apply expert judgement in assessing whether the delay in
payment results from technical or credit-related reasons;
b. the possibility of classifying these exposures as technical past due situations
under specific, objective conditions;
c. including in the GL a specific treatment for these exposures, including criteria for
the scope of application of this specific treatment and monitoring requirements;
d. applying the same general treatment as for all other exposures.
Option a suggests that institutions would be allowed to treat a delay in payment on certain
exposures as a technical past due situation where the nature of the delay in payment would not
be credit-risk related. However, the flexibility allowed under this option to apply expert
53
judgement would not grant sufficient objectivity in recognising a technical past due situation and
as a result the comparability of the definition of default for these types of obligors would be
compromised.
Option b extends option a by specifying objective limiting criteria for including delays in payment
on these exposures in the definition of technical past due situations. Despite some objective
criteria introduced under this option this is still inconsistent with the general understanding of the
concept of technical past due situations; these should be limited to cases where the material
delay in payment has not occurred in reality, although the exposures under consideration are in
fact objectively past due.
Option c proposes a specific treatment for these exposures under the rationale that these
counterparties ordinarily meet their financial obligations, although sometimes with delay. The
solution proposed under this option takes into account specific circumstances in some
jurisdictions characterised by lengthy administrative procedures but at the same time is
sufficiently strict and objective. The criteria include in particular a backstop of 180 days past due
as well as documentation and monitoring requirements.
Under option d no exceptions are allowed and it is proposed to apply the general treatment
specified in the guidelines also to these exposures, and hence full consistency across exposure
classes and full alignment with CRR requirements would be achieved. However, the concerns
expressed by various stakeholders would not be properly addressed. Although a situation where
public sector entities are systematically late in their payments is in general not desirable this strict
rule may have unintended consequences and may lead to recognition of an excessive number of
defaults that would not reflect the actual financial situation of the obligors.
Taking into account the above considerations option c seems to be the most appropriate.
Alignment with the supervisory reporting framework
The supervisory reporting framework and in particular the ITS on non-performing exposures and
forbearance defines these concepts, which are related to the quality of assets and obligors. As the
industry has requested on several occasions that supervisory reporting be aligned with the
prudential framework this was taken into consideration in the specification of these GL. The
following main options were considered:
a. alignment of the definition of default with non-performing exposures;
b. alignment of the definition of default with non-performing exposures with the exception
of the use of 180 days past due instead of 90;
c. non-obligatory alignment of the definition of default with non-performing exposures;
d. no alignment – non-performing exposures remain a broader category than defaulted
exposures.
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According to the definition included in the abovementioned ITS the category of non-performing
exposures includes all defaulted exposures but may also include other exposures that are not
treated as defaulted. Therefore, full alignment could be achieved by specifying that all non-
performing exposures should be treated as defaulted (option a). However, this rule might lead to
unintended consequences and an excessively high default rate and cure rate. In particular, where
institutions are allowed to use 180 days past due instead of 90 in accordance with
Article 178(1)(b) of the CRR, this discretion would in practice be overruled by the alignment with
the supervisory reporting framework, which does not allow such discretion.
Option b tackles this problem by specifying an exemption. A large degree of alignment would still
be achieved, the source of differences would be clear and unambiguous, and it would only apply
to some institutions in the jurisdictions that decided to exercise the discretion specified in
Article 178(1)(b) of the CRR.
Nevertheless, option b might still lead to higher default rates, although the impact would be
significantly different for different institutions. For this reason option c was also taken into
consideration. Under this option institutions would be able to choose whether it was appropriate
in their situation to align the definitions. The way to achieve this alignment would be specified in
the GL.
Under option d the status quo would remain, with the majority of institutions not having the
definitions aligned and uncertainty existing regarding the relation between the prudential and
reporting frameworks.
Given the qualitative assessment of the options, the preferred option is option c. Institutions may,
but are not required to, align the prudential definition of default with non-performing exposures
through adequate specification of additional indications of unlikeliness to pay.
Treatment of provisions under IFRS 9
The GL specify the conditions under which SCRA should be treated as an indication of unlikeness
to pay; clarification on the mapping of general and specific credit risk adjustments is provided in
Commission Delegated Regulation (EU) No 183/2014. Although this Regulation might have to be
updated to include the mapping of provisions under IFRS 9 it was considered necessary to provide
clarification on the treatment of exposures classified as Stage 2 and Stage 3 under IFRS 9 in the
process of default identification.
The following main options were considered:

a. both Stage 2 and Stage 3 exposures should be automatically classified as defaulted;
b. all Stage 3 exposures and some Stage 2 exposures, under certain conditions, should be
classified as defaulted;
c. Stage 3 exposures under IFRS 9 should be automatically classified as defaulted;
d. Stage 3 exposures under IFRS 9 should be classified as defaulted with some exceptions.
55
Option a proposes that both Stage 2 and Stage 3 exposures should be classified as defaulted. The
rationale for classifying Stage 2 exposures as defaulted is linked to the fact that it has been
recognised that the credit risk has increased significantly, and so the indication of unlikeliness to
pay prescribed in Article 178(3)(b) of the CRR applies. However, exposures classified as Stage 2
are described as not yet impaired, they are in general not yet materially past due and,
additionally, at least some of them are classified to Stage 2 on a collective basis. Given these
considerations it seems unduly conservative to treat all Stage 2 exposures as defaulted.
Option b assumes that some Stage 2 exposures should nevertheless be classified as defaulted, at
least among those where the classification has been performed on an individual rather than a
portfolio level. However, as IFRS 9 has not been implemented yet, it would be very difficult to
specify objective criteria for which exposures classified as Stage 2 should be considered defaulted.
In addition to that, it has not been specified yet whether Stage 2 provisions should be considered
specific or general credit risk adjustments.
Option c proposes automatically classifying credit-impaired exposures under IFRS 9 (i.e. all
exposures included in Stage 3) as defaulted. This rule would have the advantage of simplicity and
would provide a step towards aligning the prudential and accounting frameworks. However, it
may overrule some already existing requirements in the CRR, in particular where the competent
authorities have replaced the 90 days past due with 180 days past due according to
Article 1781(1)(b) of the CRR or where the use of the materiality threshold is not allowed for
accounting purposes.
Option d builds on these considerations by specifying some exceptions where Stage 3 exposures
may remain in non-defaulted status. These exceptions achieve the objective of classification
consistent with all other requirements specified both in the CRR and in the GL.
Taking into account the above considerations option d seems to be the most appropriate. The
approach taken by the GL with regard to Stage 2 exposures is that they should be classified as
defaulted if other indications of default apply but the fact that they are classified as Stage 2
should not automatically be treated as a trigger of default.
Threshold for the sale of credit obligations
Where an institution sells credit obligations due to a decrease in their credit quality or the loss on
that sale is otherwise related to the credit quality of the obligations, the institution should analyse
the materiality of the economic loss. If the economic loss is material this should be considered an
indication of default. The assessment looked at the following options:
a. no threshold for the materiality of the economic loss related to the sale of credit
obligations – any credit-related loss leads to default;
b. threshold for the materiality of the economic loss defined as the difference between the
outstanding amounts of the obligations and the agreed sale price;
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c. threshold for the materiality of the economic loss defined as the difference between the
outstanding amounts of the obligations and the agreed sale price, subject to a cap;
d. threshold for the materiality of the economic loss defined by the institutions.
Not introducing a threshold would be a conservative approach to the recognition of defaults.

However, the major weakness of option a is that the treatment of all sales of credit obligations
with a loss as defaults, even if the loss is close to zero, would underestimate the loss given default
and, similarly, it would overestimate the probability of default, as the occurrence of identified
defaults would increase. Setting the threshold at zero would also effectively lead to ignoring the
materiality requirement in terms of the credit-related economic loss associated with the sale of a
credit obligation in accordance with Article 178(3)(c) of the CRR.
Option b proposes calculating the materiality of the overall economic loss related to the sale of
exposures as the difference between the outstanding amounts of the obligations and the agreed
sale price. Institutions are entitled to set a threshold in terms of this difference as a percentage of
the outstanding amounts of the sold obligations. If the loss is higher than the threshold as
specified by the institution the exposures should be considered defaulted.
The advantage of this option is that it establishes a harmonised approach with regard to the way
the sales of credit obligations are assessed. On the other hand, a major disadvantage of the
option is that institutions could set the thresholds at very different levels and in some cases
defaults might not be recognised even if the loss seems material. As a result it would not lead to
increased comparability of risk estimates.
Option c suggests the same calculation as described under option b with the addition of a 5% cap
(i.e. the threshold set by the institutions should not be higher than 5%). The option inherits some
of the advantages of option b but also enhances comparability of default rates and capital
requirements across institutions and Member States by significantly reducing the possible range
of thresholds. However, the threshold, if set too low, may lead to overestimation of the
probability of default and underestimation of the loss given default (as described also under
option a).
Finally, option d leaves the threshold for the materiality of the economic loss to be set by the
institutions. The option is fully flexible as it gives the institutions room to align with internal risk
management and takes into account the perceived materiality of the economic loss. However, the
option fails to establish a harmonised regulatory framework, and it may lead to non-risk-based
differences in risk estimates and to underestimation of capital requirements.
Given the qualitative assessment of the options, although the QIS results show that the use of a
threshold to evaluate the materiality of a credit-related economic loss is not a common practice
among institutions, the preferred option is option c. However, it has to be noted that the
threshold will only apply to credit-related economic losses and a certain degree of expert
judgement is granted to institutions to assess whether a loss on a sale of credit obligations is
credit-related.
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Threshold for distressed restructuring
The obligor should be considered defaulted when distressed restructuring is likely to result in a
diminished financial obligation. Distressed restructuring has been defined similarly to
forbearance; therefore, those forborne exposures where the forbearance measures are likely to
result in a diminished financial obligation should be classified as defaulted.
The policy options relate to if the GL should introduce a threshold for distressed restructuring for
the scale at which the financial obligation is diminished and if they do then in what form this
threshold should be specified. In this regard, the following options have been considered:
a. no threshold for the diminished financial obligation;
b. threshold for the diminished financial obligation specified by institutions as the difference
between the present value of expected cash flows before and after changes in the terms
and conditions of the contract;
c. threshold for the diminished financial obligation specified by institutions as the difference
between the present value of expected cash flows before and after changes in the terms
and conditions of the contract, subject to a cap;
d. threshold for the diminished financial obligation to be specified by institutions.
The reasoning behind the assessment of the policy options in this field is very similar to that
presented under the options related to the sale of credit obligations. Here, the preferred option is
option c. In order to assess whether restructuring arrangements lead to diminished financial
obligations institutions should compare the present value of the expected cash flows before the
changes in the terms and conditions of the contract and the present value of the expected cash
flows based on the new arrangement, both discounted using the original effective interest rate,
and assess whether the difference between them is material. Institutions should set a threshold in
terms of this difference as a percentage of the present value of expected cash flows before the
application of restructuring arrangements. If the percentage is higher than the threshold as
specified by the institution the exposures should be considered defaulted.
It is proposed that the threshold set by the institutions should not be higher than 1%. The
proposed cap in this situation is lower because it is meant to capture cases where the change in
the NPV of the contract results from technical discounting aspects and rounding of the amounts.
Where, however, the diminished NPV results from a conscious decision of an institution due to
the client’s financial difficulties the situation should be treated as a defaults.
Probation period for a return to non-defaulted status
Institutions should define clear criteria for when it can be considered that the improvement of the
financial situation of an obligor is sufficient to allow the full and timely repayment of the credit
obligation and when it is no longer unlikely that the repayment will actually be made. The analysis
considered several options for the period for assessing the financial situation of an obligor for this
purpose. These options related to the probation period are:
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a. no probation period – return to non-default immediately after no material obligation is

past due more than 90 days;
b. no probation period – return to non-default immediately after there are no amounts past
due;
c. minimum probation period specified by the institutions;
d. minimum probation period specified by the institutions with a minimum duration of
3 months from the moment that no specific indications of default apply;
e. minimum probation period specified by the institutions with a minimum duration of
3 months from the moment that no specific indications of default apply, where different
lengths of probation period may be applied to different types of exposures.
Both options a and b may lead to an excessive number of multiple defaults. Under option b this
problem is to some extent mitigated as further delays in payment would result in the recognition
of the next default only after 3 months from the return to non-defaulted status. However, in the
case of rare payments the return to non-defaulted status would only be temporary and multiple
defaults would still be recognised.
Option c helps institutions align the probationary requirements with internal risk management
practices and avoids an excessive number of multiple defaults. However, this option fails to
establish a harmonised approach across Member States. Under this approach variations across
jurisdictions are expected to prevail in terms of both the lengths and the starting points of
probation periods.
Option d develops option c with an additional minimum requirement of 3 months and

specification of the starting point. Only after that period may institutions consider that the
condition specified in Article 178(1)(a) of Regulation (EU) No 575/2013 no longer continues to
apply. In making this assessment institutions should take into account the behaviour of the
obligor during the probation period and the financial situation of the obligor. If after the
probation period the institution still judges that the obligation is unlikely to be paid in full without
recourse to realising security, the exposures should continue to be classified as defaulted until the
institution is satisfied that the improvement of the credit quality is factual and permanent.
Option e develops option d further, clarifying that different lengths of probation periods may be
applied to different types of exposures. This adds more flexibility to the framework and allows
institutions to better capture the specificities of different types of exposures, as requested by the
industry in the responses to the consultation paper. This flexibility seems to be a sensible way
forward, while at the same time minimum criteria are set that will reduce the variability of
practices observed in the results of the QIS.
Option e is a prudent approach and avoids frequent changes of status of exposures and thus an
excessive number of multiple defaults. Moreover, it better addresses both the industry’s feedback
and the variability of practices observed in the QIS. Since it strikes a balance between
harmonisation and flexibility it is selected as the preferred option.
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Probation period and other conditions for distressed restructuring
The assessment of possible policy options is similar to the previous analysis and looks at the
probation period together with other conditions for when exposures under distressed
restructuring may return to non-defaulted status, including:
a. distressed restructuring treated the same as other indications of unlikeliness to pay;
b. extended probation period for distressed restructuring to be specified by the institutions;
c. extended probation period of at least 1 year for distressed restructuring specified in the
GL;
d. return to non-default possible only after full repayment of the contract subject to
distressed restructuring.
Option a is operationally simple; however, it could result in identification of an excessive number

of multiple defaults and does not account for specific risk related to distressed restructuring. The
option is also not aligned with supervisory reporting.
Option b suggests that the institutions specify the extended probation period for distressed
restructuring. This option allows alignment with the internal risk management practices of the
institutions and would probably in many cases avoid an excessive number of multiple defaults.
However, it does not achieve the objective of harmonisation, and the non-risk-based differences
in risk estimates may prevail.
Option c suggests an extended period of at least one year under the conditions specified in the
GL. This is considered to be a prudent approach and is expected to avoid an excessive number of
multiple defaults. It also aligns the approach with supervisory reporting, although in some cases it
may be perceived as excessively conservative.
Finally, option d, although relatively easy to implement, seems to entail excessive conservatism,
especially in the case of long-term restructuring contracts.
Taking into account the above considerations the preferred option is option c.
Frequency of counting of days past due
Counting of days past due and the identification of indications of default in a timely and effective
manner are essential for an adequate application of the default definition. In this field, the
following options have been considered:
a. not specifying the frequency of counting of days past due;
b. introducing a requirement to count days past due on a daily basis; and
c. a general specification that the frequency of calculation should allow for timely
identification of default and adequate data to be used for risk management purposes; if
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the frequency is lower than daily institutions should ensure that the date of default is
correctly identified.
Option a will not generate implementation costs; however, it is not adequate to achieve the
objectives of harmonisation and common standards. Under this option the baseline scenario is
expected to remain the same, i.e. variation across jurisdictions in the application of the definition
of default, and the GL may not be able to address the non-risk-based differences in the estimates
of risk parameters.
Option b introduces a requirement to count days past due on a daily basis. The option aims to
make available on-time information in the event of default in internal risk management
processes. This option may require modifications to IT systems in some institutions and therefore
will generate further costs for the institutions that are currently applying this rule on a less
frequent basis.
Timely identification of default is important to make sure that accurate information is used for
risk management purposes, for instance that the information on the default is available at the
moment when further credit decisions are taken for the obligor. For that reason information
about the default of a client should be available in the business units of the institution without
undue delay and whenever information about the status of the obligor is used for any
management purposes including internal or external reporting and calculation of capital
requirements. Option c introduces principle-based guidance to institutions for setting the
frequency of days past due. This option would not achieve full harmonisation with regard to the
frequency of counting of days past due, but for the purpose of estimation of risk parameters the
appropriate date of default would in any case have to be identified ensuring sufficient
harmonisation in that regard. This option minimises the required modifications to IT systems and
therefore does not lead to excessive operational costs.
Since what matters is the accuracy of the information used for the purpose of risk management
and option c achieves this objective by setting out the principles for the timely recognition of
default, as well as creating a more prudential regulatory framework with less operational cost, it
is selected as the preferred option.
Overall, taking into account the advantages and the disadvantages of the policy options, the
assessment aimed to achieve the optimal set of options for a balance between harmonisation and
a common set of rules on the one hand and some flexibility to accommodate differences between
institutions on the other hand. The preferred options aim to achieve a definition of default such
that the regulatory framework is prudent and in line with the CRR, and that the regulatory criteria
do not lead to an excessive number of defaults and allow for alignment with the internal risk
management of institutions.
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E. Impacts of the technical options
Under the Standardised Approach, Article 127 of the CRR groups the unsecured parts of defaulted
exposures as a specific asset class. Within this asset class the risk weight is assigned according to
the ratio between the unsecured part of the exposure value and the SCRA. If the SCRA are equal
to or greater than 20% of the unsecured part of the exposure value then the assigned risk weight
is 100%. The assigned risk weight is 150% if the SCRA are less than 20% of the unsecured part of
the exposure value. In other words, a stricter default definition might lead to a higher level of
defaulted exposures in the asset class where higher risk weights are assigned, leading to higher
own funds requirements.
Under the IRB Approach the definition of default has an impact on the classification of exposures
as defaulted with a PD that is equal to 100%, which therefore has an impact on the calculation of
expected loss and own funds requirements, which represent the unexpected loss. Under the
Foundation IRB (FIRB) Approach the risk weight of defaulted exposures is set to zero. However,
the calculation of expected loss is based on a PD that is equal to 100%; therefore, it will be much
higher than if the exposure was not classified as defaulted. If the expected loss is not fully covered
by the credit risk adjustments then the difference is deducted from own funds. Under the
Advanced IRB (AIRB) Approach the logic is the same except that the risk weight for defaulted
exposure is not zero but is calculated on the basis of the loss given default for defaulted
exposures (LGD in-default) and best estimate of expected loss (ELBE) parameters.
In addition, the default definition influences the own funds requirements of the IRB institutions
through the estimation of the PD, LGD and conversion factors parameters. Risk weights for non-
defaulted exposures are calculated according to a standard formula based on these risk
parameters.
A stricter default definition would result in relatively high default rates and relatively high PD
estimates. However, not all of the identified defaults generate losses, so this could decrease the
LGD estimates of the AIRB institutions.
The quantitative part of the QIS was designed to quantify the impact of the proposed technical
policy options taking into account the various dimensions of impact as described above. The
analysis was performed on a sample of 64 institutions (of which 22 used the SA, 32 used the IRB
Approach and 10 reported on both SA and IRB exposures). These institutions account for 44% of
the total of EU institutions’ credit risk-weighted exposures 6.
The estimation of the impact was performed by institutions on selected representative samples of
specified portfolios of retail and corporate SME exposures. The representativeness of the samples
selected for the analysis by the institutions may impact the accuracy of the analysis. It should also
be noted that the subjectivity of institutions in interpreting and estimating the impact may affect
the results of any analysis undertaken. Moreover, institutions were requested to provide their
6
ECB statistics on consolidated banking data.
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estimates on a best-effort basis, which could affect the accuracy of their estimates in some cases.
The detailed results of the analysis are presented in Section 4 of the QIS report.
In theory, the stricter the definition of default is, the greater the number of defaults identified. A
higher level of defaults generates higher expected loss and in the case of the SA the total
exposure value of exposures classified to an asset class of defaulted exposures is higher. The
effect on capital requirements, however, is not straightforward and depends on the method used
by the institution to calculate capital requirements:
 In the case of institutions that use the SA more exposures are classified as defaulted, but
on the other hand a higher rate of credit risk adjustments results in lower risk weights for
defaulted exposures (100% or 150% as explained in the previous paragraphs). However,
as these are the highest levels of risk weights used in most of the other exposure classes,
it is reasonable to expect that the stricter the definition of default, the higher the risk-
weighted exposure amounts. In other words, the stricter the default definition, the higher
the level of defaulted exposures in the asset class where higher risk weights are assigned,
and higher risk weights are used in the calculation of own funds requirements.
 In the case of institutions that use the FIRB Approach the risk weight of defaulted
exposures is zero. However, the calculation of expected loss is based on a PD that is equal
to 100%; therefore, it is much higher than if the exposure was not classified as defaulted.
The stricter the default definition, the higher the expected loss. If the expected loss is not
fully covered by the credit risk adjustments then the difference is deducted from own
funds. Moreover, the definition of default also impacts the risk weights of non-defaulted
exposures through PD estimates. A stricter default definition results in a higher default
rate, higher PD estimates and higher risk weights for non-defaulted exposures.
 In the case of institutions that use the AIRB Approach the impact on capital requirements
is complex. The risk weight for defaulted exposures is not zero but calculated on the basis
of ELBE and LGD in-default estimates, and should represent unexpected loss in the
recovery process. It is not explicit whether the risk weight calculated in this way is higher
or lower than the risk weight for non-defaulted exposures. This depends largely on the
methodologies used by particular institutions. The definition of default also impacts the
risk weights of non-defaulted exposures through PD and LGD estimates. With regard to
PD it is clear that the stricter the definition is the higher are PD estimates and risk
weights. In the case of LGD, however, the impact would most likely be the reverse,
because a stricter definition of default might result in more defaults that would be cured
within a short period of time. This effect would decrease LGD estimates and risk weights
for non-defaulted exposures.
The quantitative analysis of the QIS was therefore performed separately for IRB and SA
institutions. In the case of the SA the analysis was based on the expected reclassifications of
exposures to and from the exposure class ‘exposures in default’. In this respect, the stricter the
definition of default, the higher the level of defaulted exposures in the asset class to which higher
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risk weights are assigned. For IRB institutions, on the other hand, the analysis of the impact was
based on the estimated changes in five simplified risk parameters, namely default rate (DR), cure
rate (CR), recovery rate (RR), proportion of defaulted assets within a given type of exposure and
best estimate of expected loss for defaulted exposures (ELBE). Based on these parameters the
impact on risk-weighted assets, expected loss and own funds requirements was calculated
according to some simplifying assumptions.
Below, a summary of the results of the QIS is presented, in terms of estimated capital impact, for
each technical option proposed in the GL.
QIS results: technical past due situations
The scenario specified for testing the impact of the introduction of the definition of technical past
due situations corresponds to the provisions included in paragraph 20 of the consultation paper
on the GL. Therefore, where institutions use a broader definition of technical past due situations
an increase in default rate accompanied by a possible decrease in LGD for IRB institutions could
be expected. The results of the QIS confirm this expectation and Table 9 in the QIS report shows a
modest increase in default rate and decrease in LGD for IRB institutions across all exposure
classes under consideration. The overall impact on capital is also very modest, corresponding to
an overall decrease in capital adequacy ratio of around 0.01 p.p. based on own funds (0.01 p.p.
based on CET1) for the sample of SA institutions and an increase in capital adequacy ratio of
around 0.018 p.p. based on own funds (0.010 p.p. based on CET1) for the sample of IRB
institutions. The final GL relax the definition of technical past due situations with respect to the
consultation paper, including in particular some specific wording for factoring arrangements. This
would if anything reduce the impact observed in the QIS, which could be taken as a upper bound
for the potential impact.
QIS results: specific credit risk adjustments (SCRA)
The scenario specified for the purpose of the QIS corresponds to the provisions included in the GL
in paragraphs 36 and 37. Thus it is based only on the currently applicable accounting standards
and does not include possible changes that will be applicable after the implementation of IFRS 9.
Therefore, where institutions use a stricter approach (e.g. treat incurred but not reported losses
as an indication of unlikeness to pay), those cases have been removed from the calculation of
default rate unless there were other indications of unlikeness to pay. Conversely, where on the
basis of current policies some exposures that meet the conditions specified in paragraph 36 of the
GL were not treated as defaulted, those cases have been added to the default rate. The latter
seems to be the case for most of the institutions participating in the QIS. In fact, more than a third
of the institutions do not consider SCRA an indication of unlikeness to pay, as Section 2.7 of the
QIS report shows. The results of the quantitative analysis, as presented in Table 7 in the QIS
report, show a modest increase in default rate and decrease in LGD for the IRB institutions across
all exposure classes taken into consideration. The overall impact on capital is very modest,
corresponding to an overall decrease in capital adequacy ratio of around 0.027 p.p. based on own
funds (0.026 p.p. based on CET1) for the sample of SA institutions and an increase in capital
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adequacy ratio of around 0.042 p.p. based on own funds (0.017 p.p. based on CET1) for the
sample of IRB institutions.
QIS results: sale of credit obligations
The scenario specified for the purpose of the QIS corresponds to the provisions included in the GL
in paragraphs 41 to 48. One difference is that, while in the GL the threshold for evaluating the
materiality of the credit-related economic loss should be set by institutions at a level not higher
than 5%, and so the 5% acts as a cap for the threshold, the QIS tested exactly this upper bound. A
second difference is that in the final GL additional clarification has been added on the fact that
that internal sales as well as traditional securitisation with significant transfer of risk should be
treated as sales of credit obligations, while in the consultation paper this was not fully clear and
could have been interpreted otherwise by the institutions participating in the QIS. Considering
those two differences we can interpret the results of the QIS as a lower bound for the potential
impact.
The results of the QIS in the area of the sale of credit obligations are limited due to the fact that
most of the institutions participating in the QIS do not sell credit obligations and even if they do
they usually do not use a quantitative threshold to assess the materiality of loss. The quantitative
part of the QIS confirms the observed practices, showing a very small impact in terms of capital
requirements for both SA and IRB institutions (an increase in capital adequacy ratio of around
0.007 p.p. and 0.014 p.p. based on own funds, respectively).
QIS results: probation period before a return to non-defaulted status
The scenario specified for the purpose of the QIS corresponds to the minimum probation period
of 3 months, as specified in paragraph 71 of the GL. This requirement was included in the
estimation of cure rate as well as in the calculation of default rate on the basis of the currently
applicable treatment of multiple defaults. The qualitative section of the QIS shows that the
probation period is one of the areas in which greater variability of institutions’ practices is
observed. For around half of the institutions, using a probation period of 3 months or more, no
impact is expected. By contrast, for the remaining institutions, using a shorter probation period or
mixed approaches for different types of exposures, we could expect a decrease in default rate and
an increase in LGD. These expectations are confirmed by the quantitative section of the QIS, as
shown in Table 6 in the QIS report for IRB institutions, where we observe a decrease in default
rate and an increase in LGD in all exposure classes under consideration. The overall impact on
total capital charge is quite different for SA and IRB institutions. A modest decrease in capital
adequacy ratio of around 0.011 p.p. based on own funds (0.010 p.p. based on CET1) is observed
for the sample of SA institutions, while a more significant decrease in capital adequacy ratio of
around 0.131 p.p. based on own funds (0.104 p.p. based on CET1) is observed for the sample of
IRB institutions. This is due to the interactions of probation period requirements with risk
parameters, in particular cure rate and default rate. It is worth mentioning that the impact on
capital observed for IRB institutions is not only more significant compared with those of the other
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technical options but also more dispersed, which is consistent with the significantly different
practices among institutions observed in this area.
QIS results: probation period for exposures subject to distressed restructuring
The scenario specified for the purpose of the QIS corresponds to the minimum probation period
of 1 year starting from the latest between the moment of extending the restructuring procedure,
the default event and the end of any grace period included in the restructuring arrangements, as
proposed in paragraph 72 of the GL. The same considerations as for the probation period for
exposures defaulted due to other criteria apply, and also here a great variability of practices is
observed in the qualitative section of the QIS. For around 46% of the institutions, using a
probation period of 1 year, no impact is expected. By contrast, for around 25% of the institutions,
which claim to use a probation period of less than 1 year, we could expect a decrease in default
rate and an increase in LGD. These two effects seem to compensate for each other and, in Table 5
in the QIS report, we observe no significant movement in the default rate in all exposure classes
under consideration. LGD in general increases, although the magnitude of this increase is quite
different for different exposure classes. The overall impact on capital shows a modest decrease in
capital adequacy ratio of around 0.033 p.p. based on own funds (0.031 p.p. based on CET1) for
the sample of SA institutions and a more significant decrease in capital adequacy ratio of around
0.115 p.p. based on own funds (0.095 p.p. based on CET1) for the sample of IRB institutions.
QIS results: contagion effect
The scenario regarding the contagion effect specified for the purpose of the QIS corresponds to
the provisions included in paragraphs 81 to 90 of the consultation paper on the GL. Contagion has
been specified for the purpose of the QIS as a situation where the default of one obligor
influences the default of another obligor and relates to the rules regarding the treatment of joint
credit obligations and related clients in the retail exposure class. This policy option is therefore
tested only for retail exposures and only by those institutions that apply the definition of default
at the obligor level. Where currently the required contagion between individual and joint credit
obligations is not taken into account the related exposures were added to the default rate. On the
other hand, where currently stricter contagion rules are in use the affected exposures that do not
meet the criteria specified in the GL were removed from the calculation of the default rate, unless
there were other indications of unlikeness to pay.
It is worth noting that, for the estimation of the impact of the contagion requirements, the QIS
specified using the materiality threshold currently in use rather than the one prescribed in the RTS
on the materiality threshold. Although there are clearly interactions between the two, these are
intentionally not reflected here, in order to capture the pure impact of the proposed contagion
rules. Table 7 in the QIS report shows a modest increase in default rate and decrease in LGD for
the IRB institutions across all exposure classes under consideration. Although the qualitative
section of the QIS shows a heterogeneous use of contagion rules among institutions the overall
impact on capital is almost zero for both SA and IRB institutions.
QIS results: qualitative impact assessment

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The qualitative section of the QIS provides information on the impact of some technical options
which have not been tested quantitatively but where a qualitative impact assessment has been
performed by the institutions. These include the use of different default definitions within an
institution or a group; the level of application of the default definition for retail exposures; pulling
effect; new days past due counting; and other indications of unlikeness to pay. The figures in
point 2 of the appendix to the QIS report show that around 70% of the SA and IRB institutions
expect no or negligible impact as a result of the abovementioned policy options. However, the
proposed rules on counting of days past due are perceived to be likely to have a somewhat
significant to significant impact by more than 20% of the institutions.
F. Cost-benefit analysis
Costs for institutions
Currently, the institutions already use certain definitions of default. In the absence of detailed
guidance the baseline scenario shows that various approaches are adopted by the institutions
with regard to the application of the definition of default given in the CRR. As a result, with the
adoption of these GL some institutions will have to introduce some changes. These changes in the
definition of default might have a significant impact on the operations of the institutions. The
impact and costs for particular institutions will depend on the currently implemented choices as
well as the approach used in the calculation of own funds requirements.
Any changes in the definition of default will affect in particular those institutions that use the IRB
approach. The risk parameters are estimated on the basis of historical data collected using certain
default identification processes. The consistency of the historical data with the adequate default
definition is crucial for the correct calibration of risk parameters. The historical data will therefore
have to be adjusted to the requirements of the GL and the parameters will have to be
recalibrated to reflect the current default definition.
The adjustment of data and recalibration of risk parameters may impose a significant operational
burden on the institutions that use the IRB Approach. In particular, for those institutions that use
numerous rating systems and where the definition of default will change significantly, the process
of implementing necessary adjustments might be costly and time consuming.
In the case of institutions that use the SA the impact of the changes will be relatively less
significant as there will be no need to adjust historical data unless the institution decides to apply
for permission to use the IRB Approach in the future. Nevertheless, in the case of those
institutions for which the default definition will change significantly the costs might still be
material as it might require changes to the processes and possibly also IT systems used to collect
the data and calculate capital requirements.
The QIS results generally show that the introduction of the harmonised definition of default
proposed in the GL and in the RTS on the materiality threshold will lead to a modest increase in
capital charges, corresponding to an overall reduction of capital adequacy ratios of around
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0.062 p.p. based on own funds (0.055 p.p. based on CET1) for the sample of SA institutions and of
around 0.176 p.p. based on own funds (0.163 p.p. based on CET1) for the sample of IRB
institutions.
It has to be stressed that the results of the quantitative part of the QIS do not capture the whole
spectrum of potential impact on capital charges as only selected policy options included in the GL
were tested. Other areas of the definition of default were analysed only in a qualitative manner.
Moreover, the QIS did not estimate in a quantitative manner the implementation costs. These are
expected to be significant for some institutions, especially those where the required changes to
risk management processes, IT systems used to collect data and rating systems used for the
calculation of capital requirements will be more significant.
Costs for national supervisory authorities
According to Regulation (EU) No 529/2014 any change in the definition of default is a material
change that requires the approval of a competent authority. Therefore, the impact for the
national supervisory authorities will come with the applications from the institutions that were
granted permission to use the IRB Approach for material changes of rating systems related to the
changes in the definition of default. Granting such approvals in a timely manner might cause a
significant operational burden for the national supervisors. In order to ensure efficient
implementation of the changes competent authorities will have to review and agree on individual
implementation plans with these institutions and later verify the timely implementation of those
plans.
Benefits
Default definition is the basis for all risk parameters estimated according to IRB models and for
the calculation of own funds requirements. Therefore, by establishing harmonised criteria for the
application of the definition of default greater comparability of risk estimates and own funds
requirements for credit risk will be ensured. This will contribute to increased confidence of
external stakeholders such as investors in the adequacy of the levels of capital held by institutions
and in the longer term will help achieve greater stability of the institutions. Furthermore, aligning
supervisory expectations in the area of default definition will contribute towards ensuring a level
playing field for the institutions. Finally, similar practices applied in all jurisdictions will reduce the
administrative and operational burdens for cross-border institutions of complying with different
regulatory frameworks in different Member States.
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4.2 Views of the Banking Stakeholder Group (BSG)

General comments
The BSG supports the initiative, which aims at harmonising supervisory rules and practices across
Europe, in order to ensure fair conditions of competition between institutions and more efficiency
for cross-border groups. The Group stresses that it is important to ensure consistency in the
default definition not only between institutions but also between different regulations, including
in particular the accounting framework and IFRS 9. At the same time the BSG requests that
consistency with global standards should not be neglected.
The BSG considers the definition of default a very sensitive issue, where inappropriate treatment
could disconnect the prudential status of the default from the economic reality of the
counterparty. This would conflict with the requirement for a ‘use test’ incorporated in the IRB
framework. Therefore, a sufficient degree of flexibility in the application of the rules is advocated,
as is allowing the application of expert judgement where necessary.
The BSG points out that many of the suggested changes will require significant system changes as
well as changes in the calibration and will in many cases require redevelopment of internal
models. It is therefore requested that significant time is allowed for the adoption of the new
regulations in order for institutions to be able to handle all necessary changes and to obtain
supervisory approval for the changes made. It is also considered essential to implement the new
definition of default at the same time as the review of all internal rating methodologies. One of
the particular challenges for implementation mentioned by the BSG is the counting of days past
due. It is suggested that in some situations identification of default at month-end only should be
allowed.
Specific issues
With regard to specific issues that the EBA consulted on, the BSG expressed the opinion that the
proposed definition of technical default is too restrictive and provided a number of additional
proposals for situations that should be considered technical defaults. Also, the BSG considered
too restrictive the levels of the thresholds proposed for the purpose of recognition of default
based on the sale of credit obligations and distressed restructuring. Furthermore, it was
considered unnecessary to set fixed probation periods for return to non-defaulted status and the
Group suggested that the process for recognition of when a customer is no longer in default
should be up to each institution. The possibility of using expert judgement was also requested
with regard to the application of the materiality threshold to joint credit obligations.
Largely in line with the EBA proposals, the BSG considered that the purchase or origination of a
financial asset at a material discount should not always be treated as an indication of unlikeliness
to pay. Similarly, the use of the pulling effect was not supported as it would diminish the value of
applying the definition of default at the facility level and would most likely reduce the
predictability of PD models.
69
The BSG agreed with the proposals included in the consultation paper regarding the treatment of
factoring, the level of application of the default definition for retail exposures and internal
governance for banks that use the IRB Approach. The Group also agreed with the specification of
the treatment of specific credit risk adjustments and welcomed the EBA’s proposal to anticipate
the implementation of IFRS. However, additional clarification was requested in particular
regarding the exposures classified as Stage 2 in accordance with IFRS 9.
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4.3 Feedback on the public consultation and on the opinion of

the BSG
The EBA publicly consulted on the draft proposal contained in this paper.
The consultation period lasted for 4 months and ended on 22 January 2016. A total of 39
responses were received, of which 33 were published on the EBA website.
This paper presents a summary of the key points and other comments arising from the
consultation, the analysis and discussion triggered by these comments and the actions taken to
address them if deemed necessary.
In many cases several industry bodies made similar comments or the same body repeated its
comments in response to different questions. In such cases, the comments, and the EBA’s
analysis, are included in the section of this paper where the EBA considers them most
appropriate.
Changes to the draft guidelines have been incorporated as a result of the responses received
during the public consultation.
Summary of key issues and the EBA’s response
Responses to the consultation showed general support for the effort to clarify and harmonise the
definition of default in order to decrease RWA variability. Many respondents requested that in
these efforts consistency should be ensured, to the extent possible, with the accounting
framework and in particular with IFRS 9. In the context of IFRS 9 explicit clarification was often
requested that exposures classified as Stage 2 should not be treated as defaulted.
An often repeated comment referred to the need to maintain a sufficient degree of flexibility in
the application of the definition of default and to the fact that in some situations expert
judgement should be allowed. The EBA agrees that the definition of default contains elements of
subjective assessment of unlikeliness to pay; however, the final backstop for the recognition of
default should be specified in an objective manner in order to ensure sufficient comparability
across institutions.
The possibility of using expert judgement was also requested in relation to the identification of
technical defaults. This was, however, not considered appropriate as, in accordance with Article
178 of the CRR, any situation that leads to a material delay in payment or unlikeliness to pay
should be considered default and the concept of technical default cannot overrule this
requirement. Nevertheless, many of the specific concerns expressed by the respondents were
addressed in the guidelines through clarifications on the calculation of days past due, rather than
through changes to the definition of technical defaults. These clarifications related in particular to
the treatment of disputes over credit obligations.
71
Many respondents raised specific issues relating to sovereign exposures and exposures to public
sector entities, where delay in payment often results from lengthy administrative procedures
rather than from financial difficulties. It was suggested that these situations should be treated as
technical defaults. Instead, a specific treatment has been specified in the guidelines that applies
to central governments, local authorities and public sector entities.
Mixed views were expressed in relation to certain aspects where specific questions had been
asked of the industry. With regard to probation periods before reclassification of exposures from
defaulted to non-defaulted status the majority of respondents did not support fixed probation
periods and preferred in general to keep more flexibility in setting the probation periods for
specific situations. Although it was considered by the EBA that from both a prudential and a
comparability perspective it was important to specify the minimum length of probation periods,
institutions have been allowed flexibility to use longer probation periods for certain types of
exposures if deemed appropriate.
In many of their comments respondents requested additional clarifications on the proposed rules.
This related in particular to the application of the default definition to factoring exposures, where
many additional provisions have been added to the guidelines in order to provide greater clarity.
Finally, many respondents indicated that the implementation of the guidelines may be
burdensome and, in the case of institutions that use the IRB Approach, the implementation will
be conducted simultaneously with the broader review of IRB methodologies, and hence sufficient
time for implementation is necessary. The EBA understands these concerns and envisages a
phase-in approach with sufficiently long implementation periods. These expectations have been
expressed in detail in the EBA’s Opinion on the implementation of the regulatory review of the
IRB Approach, published on 4 February 2016 7.
7
https://www.eba.europa.eu/documents/10180/1359456/EBA-Op-2016-01+Opinion+on+IRB+implementation.pdf
72
Summary of responses to the consultation and the EBA’s analysis
Amendments to
Comments Summary of responses received EBA analysis
the proposals
General comments
The EBA recognises the benefits of aligning the

frameworks. However, some differences may remain
where they stem from different objectives of
Many respondents suggested that the Guidelines should
prudential and accounting regulations or from the
be as consistent as possible with IFRS 9. Specific issues
specific wording of primary regulations.
related to IFRS 9 that were mentioned by the respondents
include in particular the following: a. The Guidelines have to be consistent with the
wording of the CRR. It is considered a minor difference
a. the IFRS 9 standard uses the term ‘90 days and more
as for accounting purposes it is applied only at the
past due’ (90+) while the Consultation Paper and
reporting dates whereas for prudential purposes
Relations with IFRS 9 Article 178(1)(b) of the CRR refer to ‘more than 90 days No change
defaults are recognised on a daily basis. In IFRS 9,
past due’ (91+);
90 days past due is a rebuttable presumption so it
b. given that the wording ‘significant perceived decline in should be possible to use 91 days if justified by
credit quality’ as an indication of unlikeliness to pay might alignment with prudential practices.
be misleading and wrongly equated with Stage 2 of IFRS 9,
b. According to the text of the Guidelines it is clear
the Guidelines should clarify that classification in Stage 2
that exposures in Stage 2 should not be automatically
should not be considered an indication of default.
classified as defaulted. However, it is possible that
some exposures in Stage 2 will be defaulted if there
are other indications of unlikeliness to pay.
Many respondents suggested that the Guidelines should The changes have to be implemented at the latest by
be as consistent as possible with IFRS 9 not only in terms the end of 2020, hence sufficient time is granted after
Implementation of the content but also in terms of the time of the date of implementation of IFRS 9. However, No change
implementation. However, several respondents institutions may implement the changes in a shorter
requested that the implementation of the definition of timeframe. Therefore, if it is deemed appropriate,
default should only be required after implementing IFRS 9 institutions may align the timeline for implementation
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the proposals
as it would be too burdensome to adapt both aspects of the Guidelines with the implementation of IFRS 9.
simultaneously.
The EBA's expectations with regard to the
In terms of implementation several respondents implementation of the changes, including the
suggested that the new requirements should apply only reference to possible retrospective adjustments in the
prospectively and not retrospectively. Retrospective data, have been expressed in the EBA’s opinion on the
adjustment is not always possible and performing the implementation of the regulatory review of the IRB
adjustment may lead to data quality issues and to a high Approach published in February 2016. The adjustment
degree of inhomogeneity of data. of historical data in order to reflect the new definition
of default in the estimates of risk parameters is
It was also noted that the implementation will be
considered a superior approach, where such an
conducted simultaneously with the broader review of IRB
adjustment is considered possible and not unduly
methodologies and hence sufficient time for
burdensome by competent authorities, but will not be
implementation is necessary. A few respondents
required in all cases. The EBA’s opinion reflects a
requested that a comprehensive balancing of benefits and
holistic approach to implementation that includes not
costs should be performed of both the changes in the
only the changes in the definition of default but also
definition of default and the whole IRB review.
all other changes related to the regulatory review of
Consistency with the amendments proposed by the BCBS the IRB Approach.
is considered important to avoid a duplicated burden
A common understanding of the definition of default
related to the implementation of these amendments.
is considered crucial for the comparability of capital
It was also proposed that the implementation of requirements under the IRB Approach.
regulatory changes should not lead to penalties such as
The necessity to apply MoC in cases where the data
additional margin of conservatism (MoC).
are less satisfactory or not representative of the
current portfolio and processes stems from the
requirements of the CRR and therefore cannot be
overruled by the Guidelines.
A few respondents suggested that in the case of

Materiality of model The aspects of the materiality of the changes and
implementation of the regulatory changes the approach No change
changes related approval processes are regulated by
to the assessment of the materiality of model changes
Regulation (EU) No 529/2014 and therefore the
should be simplified and should provide more flexibility to
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the proposals
facilitate re-approval processes, especially in the SSM treatment cannot be changed by the Guidelines.
context.
A few respondents indicated that, for banks spread over a

large geographical area, it is quite resource-intensive to The application of the default of an obligor on a group-
implement some of the proposals since some information wide basis is required by Article 178(1) of the CRR. The
is not collected on that local level or the relevant CRR also specifies the relevant level of consolidation.
Level of application information is not submitted to central systems. It was In order to address operational aspects of the No change
proposed that the group-wide default determination application of the definition of default at a group-wide
should consider only exposures of core subsidiaries that level paragraphs 81 and 82 specify situations where
are involved in lending business in the narrow sense or simplified processes may be applied.
those included in the regulatory scope of consolidation.
Some respondents requested clarification on the National discretions granted by the CRR to the
application of the national discretions related to the competent authorities cannot be overruled by the
definition of default. In particular clarification was Guidelines. Hence, competent authorities may decide
National discretions No change
requested regarding potential removal of national that the application of 180 days past due is
discretion to use 180 days instead of 90 days past due for appropriate for the exposures specified in
certain exposures. Article 178(1)(b) of the CRR.
Daily determination of past due amounts was perceived

by many respondents as overly burdensome and would It has been clarified in the Guidelines that the timely
significantly increase the complexity of the identification of default is perceived from the
implementation, especially with regard to exposures such perspective of the objective that up-to-date
Daily identification of as mortgages, factoring or other retail exposures, as information has to be used in all relevant processes.
Par. 21
defaults currently monthly checking is common in retail business. Therefore, up-to-date information about the default
It was also mentioned that some institutions determine of an obligor has to be available whenever it is used in
the default on a daily basis but the information is sent to any of the institution’s processes. The modified text is
the central database in batch form at the end of the included in paragraph 21 of the Guidelines.
month.
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the proposals
The Guidelines set minimum standards and a common

Several respondents stated that a sufficient degree of
understanding of the main concepts related to the
flexibility is needed regarding the institutions' application
definition of default. However, institutions may
of the unlikeliness to pay criterion and the definition of
recognise default earlier on the basis of expert
default in general. Complete standardisation of the
judgement whenever they consider that the obligation
definition of default across all EU institutions is perceived
will not be paid in full by the obligor without recourse
Flexibility as not desirable. No change
to actions such as realising security.
However, other respondents suggested that the
The clarification of terms such as ‘material’,
Guidelines should provide clear, consistent and
‘significant’ or ‘large’ has been proposed wherever it
appropriate definitions of terms such as ‘material’,
was considered that harmonisation is appropriate.
‘significant’ or ‘large’ to allow a distinct identification of
Otherwise it is left to the expert judgement of the
obligations across institutions.
institutions.
It was decided not to prescribe any specific method

for the allocation of payments. These aspects are
Some respondents noted that the proposed Guidelines
often regulated by national laws as well as specific
ignore the existence of different practices in the
contracts with the clients. Apart from FIFO or LIFO
treatment of missed payments, i.e. how incoming cash
there are also many different approaches that may be
flows after a default situation should be treated in
based, for instance, on specific credit products or on
relation to the previous instalments that are in arrears. A
the interest rates related to different credit facilities of
FIFO (first in first out) approach or a LIFO (last in first out)
an obligor.
Payment allocation approach will influence a return to non-defaulted status. No change
The harmonisation of a procedure for these cases is The variability in the identification of default resulting
considered very important and should be included in the from payment allocation schemes was addressed by
EBA’s final Guidelines. adopting the approach for the application of the
materiality threshold for past due exposures that will
Some respondents suggested that the application of a
give similar results regardless of the chosen approach
FIFO approach should be required while others preferred
to the allocation of payments. Therefore, it is not
a LIFO approach.
deemed necessary to regulate this aspect in the
Guidelines.
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The issues relating to the materiality threshold were

addressed in the RTS on materiality threshold for past
due exposures rather than in the Guidelines. The
following considerations were taken into account
Many respondents submitted comments relating to the when developing the final RTS:
materiality threshold for past due exposures. The issues
a. Compensation with unused credit lines should not
that were mentioned included in particular the following:
be allowed, in order not to water down the effect of
a. a suggestion that the compensation of past due the materiality threshold.
amounts with unused general credit lines of the same
b. Both absolute and relative threshold components
debtor should be allowed;
are considered for both retail and non-retail clients.
b. concerns regarding the potential lack of a relative
c. Maximum levels of the thresholds were calibrated
component of the materiality threshold for retail
based on the results of the QIS and taking into account
exposures;
the industry’s feedback provided in the consultation
Materiality threshold c. proposals to increase the levels of the materiality process. Par. 23(d)
threshold;
d. The concerns related to factoring were addressed in
d. concerns regarding factoring operations in the case of the Guidelines by modifying the specification of a
applying the threshold as proposed in the QIS exercise; technical past due situation in paragraph 23(b).
e. a proposal to allow the computation of materiality e. Application of the definition of default at the obligor
threshold for 90 days past due at individual institution level, including institution, parent undertaking and any
level as a first step (in the case of breach, dissemination of its subsidiaries, is a CRR requirement. Possible
and group-wide assessment would follow); situations where a simplified approach may be applied
are already described in paragraphs 81 and 82 of the
f. a request to include examples on the calculation of the
Guidelines.
materiality threshold in the Guidelines.
f. As the materiality threshold is regulated by the RTS
rather than the Guidelines it is not considered
appropriate to include such examples in the
Guidelines.
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It was mentioned by some respondents that the This indication of unlikeliness to pay is specified in
accounting rules for non-accrued status are not specific Article 178(3)(a) of the CRR and hence cannot be
enough, that it is not an IFRS concept, and even that the overruled by the Guidelines. However, where non-
Non-accrued status No change
requirements in that regard should be deleted from the accrued status is not applicable because of the specific
Guidelines or limited to entities where this information is accounting framework that is used this indication will
available based on local GAAPs. not occur.
It was clarified in paragraph 57 of the Guidelines that

One respondent suggested that the bankruptcy definition
all arrangements listed in Annex A to Regulation (EU)
should refer to the list annexed to the Insolvency
2015/848 should be treated as bankruptcy in the
Regulation (EU) 2015/848, and to similar processes for
sense of Article 178 of the CRR.
financial institutions under e.g. the BRRD.
Bankruptcy Default in general is a characteristic of an obligor Par. 57
It was also suggested that the Guidelines should consider
rather than an exposure. Hence, although bankruptcy
that bankruptcy orders often allow the debtor to retain
procedures may exclude some types of exposures
primary residence and exclude mortgage payments from
default of the obligor should be recognised.
the action (such mortgage exposures should not be
Recognition of default does not necessarily lead to
considered defaulted automatically).
immediately starting liquidation procedures.
Paragraphs 59 and 60 provide examples of possible

A few respondents regarded the criterion of unlikeliness additional indications of unlikeliness to pay.
to pay ‘significant (expected) increase of leverage’ as Institutions may decide not to adopt them or to adopt
counterintuitive if the counterparty has improved its them in a modified version when deemed appropriate.
credit quality. In accordance with paragraph 58 the additional
Unlikeliness to pay In the opinion of other respondents the relevant indications of unlikeliness to pay may be adopted on a No change
unlikeliness to pay triggers according to paragraph 47 case-by-case basis.
should exclude circumstances related to the obligor’s Regarding the covenants, also other than financial
financial distress or high vulnerability and should be covenants could in some situations indicate financial
limited to default/financial covenants. problems on the part of an obligor. This should be
analysed by the institutions depending on which types
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of covenants are used in specific types of contracts.
Several respondents made the general comment that the

credit quality-related triggers should be the key drivers It is clear that the definition of default should be
behind default recognition, otherwise issues may arise driven by credit quality-related triggers. However,
related to data instability as well as with regard to use where other triggers, such as credit frauds, lead to
Non-credit risk triggers test requirements if the non-credit-related regulatory material delays in payment or unlikeliness to pay, this No change
default treatment is not reflected in credit decisions. should also be recognised as default in accordance
with Article 178 of the CRR. Otherwise capital
A few respondents mentioned specifically credit frauds, requirements could be underestimated.
which are perceived as operational rather than credit risk.
It is required by Article 178(4) of the CRR that if

external data reflect different definitions of default
appropriate adjustments should be made to achieve
It was requested by one of the respondents that it should
broad equivalence. All differences between the
be clarified that the assessment of differences between
internal and external definitions should be analysed
definition of default used internally and in external data
External data and, where possible, adjusted. In any case, where the No change
and their impact on the default rate should not be
default definitions in internal and external data are
construed as an indication that the definition of default
not fully equivalent the data should be considered less
used in the external data has to be equivalent.
satisfactory and this should be reflected in an
appropriate margin of conservatism in accordance
with Article 179(1)(f) of the CRR.
It was requested by a few respondents that the

specificities of promotional loans provided by It was considered appropriate that the general
development banks should be taken into account by principles specified in the Guidelines, unless stated
Promotional loans No change
adding them to the list of exceptions in paragraph 28 of otherwise, should apply to all types of loans, including
the Consultation Paper and in the provisions on probation promotional loans provided by development banks.
periods.
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the proposals
Responses to questions in Consultation Paper EBA/CP/2015/15
Question 1. Do you agree with the proposed definition of technical defaults? Do you believe that other situations should be included in this definition? If yes,
please provide detailed proposals on how to address further possible situations.
Many respondents requested that some flexibility should In order to ensure consistent and comparable
be maintained in the identification of technical defaults recognition of default across EU institutions it is
and that institutions should be allowed to use expert considered important to avoid excessive subjectivity in
judgement in that regard. It was argued that otherwise the recognition of technical defaults.
the definition of default might not be in line with the use
In accordance with Article 178 of the CRR any situation
test and it would be less risk-sensitive for specific cases.
that leads to material delay in payment or unlikeliness
For some respondents a strict definition of technical
to pay should be considered default. In many cases it
defaults would mean a major change from the current
is difficult to clearly specify the reasons for the delay
practice for non-retail activities, where no definition is
in payment, as they may be a combination of financial
given and where expert judgement is used to determine
situation and external circumstances. Therefore, all
whether a past due status relates to a technical default or
cases of material delay in payment or where the
not. Such a strict definition could affect some customers
institution considers it unlikely that the obligor will
Expert judgement that are not in financial difficulties but because of an Par. 23
pay its credit obligations in full, regardless of the
inadequate definition of default may struggle to secure
reasons, should be classified as defaults.
refinancing.
As so-called ‘technical defaults’ are not real defaults,
It was argued that the role of expert judgement could be
i.e. in reality there is no material delay in payment or
limited and constrained by internal policies that are
unlikeliness to pay, it is proposed in the final
agreed upon with supervisors and supported by
Guidelines that it is more appropriate to call certain
appropriate disclosures. It was also suggested that
events ‘technical past due situation’. It follows that
minimum guidelines could be established with examples
these situations should not be considered to lead to
of exceptions that take into account a common-sense
the recognition of default.
approach and the ability to use expert judgement to
determine non-credit-related events as is the case for the Those suggestions of the respondents that were in line
guidelines on sale of credit obligations. with the above considerations were included in
paragraph 23 of the final Guidelines.
A few respondents admitted that the proposed approach
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Amendments to
the proposals
may be acceptable for application to the retail business,

where a more mechanical approach is more appropriate.
Many respondents argued that in the case of disputes

over credit obligations the past due exposures should not Although disputes are not included in the definition of
be treated as defaulted. Such disputes are often resolved a technical past due situation the argumentation of
over long periods (even several years), which would mean the respondents was taken into account and specific
that the borrower would remain in default throughout treatment of disputes has been specified in
this period. paragraph 19 of the Guidelines. However, in order to
ensure consistent application of the definition of
Many respondents gave the example of commercial
default and to avoid excessively broad application of
litigation with a client in the case of the leasing business
the specific treatment, the possibility of suspending
where the quality of the product/service rendered is
the counting of days past due was limited to those
disputed, the service is no longer provided, or there is an
disputes that were introduced to a court or another
equipment failure. In practice, litigation is generally
formal procedure performed by a dedicated external
avoided as the goal is to achieve an amicable solution
body that results in a binding ruling (such as
with the lessee as customer. But finding a solution which Par. 19
arbitration).
Disputes is acceptable to both the lessee and the leasing company
is often protracted. In addition to that, the specific situation of leasing Par. 29-30
where the dispute may arise between the obligor and
A similar situation can occur in factoring businesses where
the provider of the leasing object rather than directly
in a commercial relation between the factor’s client
with the institution was addressed in point (b) of
(assignor) and its debtor there could be a dispute over a
paragraph 19.
supply due to which the debtor decides not to pay the
invoices. In this case, the disputed invoices or receivables With regard to purchased receivables, including those
should be excluded from the calculation of the default resulting from factoring arrangements, similar
because the delay of the payment is not due to situations, i.e. disputes between the obligor and the
deterioration of the debtor’s creditworthiness but to supplier of goods, are addressed through the
commercial/legal reasons. recognition of dilution risk as specified in the CRR and
in paragraphs 29 and 30 of the Guidelines, that is,
Other examples of disputes given by the respondents
distinct from default risk.
include commercial disputes over a standby letter of
credit, call of suretyship where the suretyship contests
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Amendments to
the proposals
the legitimacy of the call, which entails a past due

situation, and disputes regarding the amount or the
nature of collaterals in the case of margin calls.
Several respondents indicated that in the case of public The systematic delays in payments by certain types of
sector entities the delay in payment often results from obligors are not desirable and wherever possible these
the lengthy administrative procedures rather than from obligors should be encouraged by the institutions to
financial difficulties. A few respondents suggested that for pay their obligations in a timely manner. In case of the
sovereign counterparties default may be assessed at the necessity to carry out certain administrative
political level. In addition to that an example was given of procedures before extending the payment this should
a merger of government entities where existing loans be envisaged in the payment schedule so that the
need to be transferred to the merged entity and technical delays can be avoided.
delays in payment may occur due to that reason.
However, in order to avoid unintended consequences
The treatment of public sector entities was also for the financial and public sector in general the
mentioned in the context of factoring. Some respondents concerns of the respondents were addressed by
suggested inserting a specific provision that a default on specifying a specific treatment of exposures to central
Public sector trade debts of PSE debtors can be detected only when a governments, local authorities and public sector Par. 25-26
crisis procedure has been activated on the single public entities in paragraphs 25 and 26 of the Guidelines. It
entity or, at least, one of the following reliefs: (i) the has to be underlined that this specific treatment can
introduction of a waiver that would allow the institution only be applied where there is no concern regarding
to suspend the counting of past due days if the debtor unlikeliness to pay. The specified criteria should be
(being a public administration) makes a payment on at applied in a rigorous manner and the application of
least one of its past due exposures, or (ii) to allow starting the specific treatment should be clearly documented
the counting of the days past due for receivables to public to allow subsequent monitoring and analysis of these
entities from the date when the payment is actually cases.
expected, according to the factor's experience or to
It is clear that for the purpose of calculation of days
reliable information pooled among institutions where
past due only factually provided payments can be
available, rather than from the due date of the invoice.
taken into account and the intention of payment is not
One respondent requested clarification of whether an
sufficient in that regard.
intention to pay would be sufficient to reset the number
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of days past due for these obligors.
Delays in payments resulting from errors in the data or

IT systems of the counterparty should not be
considered technical past due situations, as it is the
It was suggested by several respondents that errors
obligation of the debtor to provide the payment to the
should be treated as technical defaults not only when
institution in a timely manner. It would be difficult for
they happen within the institution but also when they
an institution to verify whether an error has actually
occur on the customer side. Complex customer groups are
occurred at the counterparty and such a possibility, if
given as an example where multiple accounts and
granted, could be misused. The obligors should not be
facilities may lead to potential system and administrative
encouraged to pay their obligations only on the last
errors. Moreover, it was also requested that the closure
day before the recognition of default; rather, they
Errors or disruption of a payment system should be treated as a Par. 23(b)
should provide the payments in accordance with
technical situation.
contractual obligations.
One respondent indicated that recognition of a situation
However, it has been clarified that the failure of the
where the counterparty may be unable to make the
payment system between the bank and the
payment at the time required for reasons other than
counterparty could be considered a source of
financial difficulties would be consistent with industry
technical defaults alongside errors on the part of
documentation such as ISDA Master Agreements dealing
banks; however, in that situation the obligor has to
with administrative/operational errors.
provide evidence that it attempted to make a
payment but that it was unsuccessful due to the
failure of the payment system.
It was indicated by a few respondents that, in factoring, It has already been specified in the Consultation Paper
payments might be made by debtors to a factor for that in the case of a time lag between the receipt of a
certain ceded invoices and not yet registered on the right payment by an institution and the allocation of that
Allocation of payments account due to difficulties in the payment reconciliation payment to the relevant account this transitional Par. 31-32
process. This should not lead to recognition of default. period may be considered a technical past due
Other respondents mentioned that invoices may be due situation, and this provision remains in the final
but not correctly and promptly dispatched to the debtor Guidelines in paragraph 23(c).
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by the seller. The treatment of payments to the seller instead of the

institution and the treatment of payments in the case
of undisclosed factoring have been further specified in
paragraphs 31 and 32.
Several respondents indicated that some external events

could lead to technical defaults. The examples of such
events include environmental disasters, measures External events that are not related to the obligor,
imposed by law (e.g. obligations due to capital controls such as environmental disasters, measures imposed by
imposed on the Greek banking system last year), riots, law, riots, strikes, wars or logistical issues, should not
strikes, wars, etc. In the case of trade finance or the be considered technical defaults (or technical past due
funding of energy and commodities, these external events situations as specified in the Guidelines). All
could be related to logistical issues and reasons that lead individuals and entities operate in an environment of
to delivery delays, such as the goods being blocked at uncertainty where they are affected by external
customs, prohibitions on entering or leaving ports, strikes, events. This uncertainty is a part of the risk that has to
External events etc. Other respondents noted that some positions may be be taken into account by the institutions when No change
reported as expired due to bureaucratic delays of various estimating credit risk and calculating capital
types (for example, time needed to formalise resolutions, requirements. Capital requirements should in
availability of notaries, time required for the registration particular be sufficient to absorb losses stemming
of mortgages). In more general terms such situations from external events that affect both clients and
were mentioned where past due amounts are attributable institutions. Therefore, these situations, including
to operational risk, or ‘blended events’ (i.e. where there events related to country risk, cannot be treated as
are several risk types at play) and where a decision needs technical past due situations and have to be included
to be taken as to whether it is appropriate or not to take in the estimation of risk parameters.
such an event into account for credit risk requirement
purposes.
A few situations were indicated by the respondents in the The following considerations were taken into account
context of factoring that could lead to technical defaults. in relation to the comments submitted by the
Factoring Par. 31-32
These situations include: respondents:
a. extension of payment terms granted to the debtor but a. As a general rule the calculation of days past due
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not yet registered on the factor's system; should always be based on the most up-to-date
schedule of payments.
b. discounts, deductions, netting or other credit invoices
issued by the seller but not promptly communicated to b. These events are related to dilution risk and should
the factor or not directly linked to the invoices; be recognised when calculating capital requirements
for dilution risk.
c. wrong payments by the debtor to the supplier;
c-e. The treatment of payments to the seller instead of
d. delay in the transfer of information about the collected
the institution and the treatment of payments in the
receivables by the seller in non-notification factoring
case of undisclosed factoring have been specified in
agreements or when the client acts as agent for the
paragraphs 31 and 32.
collection;
f. This situation will most probably result in a time lag
e. delay in the registration of the collected amounts in
between the receipt of the payment and its allocation
non-notification factoring agreements or when the client
to the relevant account, which is already addressed in
acts as agent for the collection;
paragraph 23(c) of the Guidelines.
f. payments by the buyer without indication of the paid
invoices.
In the case of leasing it was mentioned that procedural

aspects are quite frequently to be found in vehicle leasing It is the obligation of the institution to issue the
to corporate lessees with a large number of leases (fleet invoices in a timely manner to allow the obligor to
leasing), especially if the lease payments are due on make the payments in accordance with the payment
Leasing No change
different dates. There is typically a lag between invoicing schedule. Where there is a time lag between the
and settlement of the invoice. Default may be triggered receipt and the allocation of the payment this
even if none of the open invoices is past due more than situation is addressed by paragraph 23(c).
90 days.
One respondent mentioned an example where there is a In the case of changes in the terms and conditions of a
delay in passing payments between the syndicate loan, including in particular increase of the limit,
Syndicated financing members involved or if the institution restructures the where this is due to financial difficulties of the obligor, No change
loans without default (crisis-related restructuring). This such changes should be considered distressed
can arise, for example, if the internal limit has already restructuring and should be treated accordingly in the
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been increased, but the agreement in the lender recognition of default. The definition and treatment of
consortium cannot be achieved within 90 days. distressed restructuring has been specified in
paragraphs 49 to 55 of the Guidelines.
Wherever changes of terms and conditions result from

With regard to asset financing long-term loans it was
financial difficulties of the obligor this should be
mentioned that amendments, waivers or consents are
considered distressed restructuring and treated
possible due to, for example, a lack of customer
accordingly in the recognition of default. In any case
Long-term loans responsiveness, a maintenance check of products or a No change
institutions should perform an analysis of the potential
reality check of the financing according to new market
unlikeliness to pay of the obligor and classify an
conditions. It was deemed necessary to use expert
obligor as defaulted where concerns in that regard
assessment in such cases.
exist.
In accordance with the comments received it has been

A few respondents requested clarification that should a clarified in paragraph 20 of the Guidelines that if the
defaulted client of a bank be bought by another client of obligor changes then the counting of days past due
Mergers and the bank (client B) that is not in default, the exposures of starts for the new obligor from the beginning. If,
Par. 20
acquisitions client B should not be considered defaulted if there is no however, the obligor (legal entity) does not change
decrease in the credit quality of client B (due to the then there is no reason to apply a different treatment
acquisition). and in particular there is no merit in considering such
cases technical past due situations.
The list of technical past due situations is strictly

No additions to A few respondents agreed with the proposal and did not limited to those situations where no material delay in
No change
technical defaults see a need for additional types of technical defaults. payments and no concern about unlikeliness to pay
exist.
A few respondents requested additional clarification on The technical past due situation should not be
Application of technical the application of the definition of technical defaults: in considered default and therefore the criteria for a No change
defaults particular they asked for clarification that the technical return to non-defaulted status do not apply. Any
defaults that do not lead to actual default do not need to identified errors should be corrected as soon as
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be registered in a central risk database, and registration in possible. It has also been clarified in paragraph 24 of
the local database for audit trails would suffice. the Guidelines that technical past due situations,
Moreover, it should be clarified that in the case of where identified, should be removed from the
technical defaults it is possible to automatically restore reference data set of defaulted exposures for the
positions to non-defaulted status without having to purpose of estimation of risk parameters.
trigger an individual restoration process including
individual documentation. This option should be
applicable for restructuring and all other retail exposures.
It was requested by a few respondents that if the EBA’s

definition of default (defined, among other ways, by new
and stricter rules on technical default) remains The aspect of LGD floors is not covered by the scope of
Relation to LGD unchanged, floors on the minimum level of LGD have to No change
these Guidelines.
be reduced or completely removed.
Question 2. Do you consider the requirements on the treatment of factoring arrangements as appropriate and sufficiently clear? If not, please provide proposals
for additional clarifications?
Several respondents requested clarification with regard to It was clarified in paragraphs 27 and 28 of the
factoring with and without full transfer of risks and Guidelines that the differentiation between the types
benefits, especially in situations where local accounting of factoring arrangements is based on whether the
standards are used. Also, clarification was requested in receivables are actually purchased by the institutions
general terms of what is the relation between the and recognised in the institution’s balance sheet or
Requests for
paragraphs in the Guidelines that refer to factoring and not. As in accordance with the CRR the risk weights Par. 27-32
clarification
other parts of the Guidelines, in particular in Chapter 4 of are applied to all assets on the institution’s balance
the Guidelines. Furthermore, some respondents sheet, the same rule applies independently from the
wondered whether the same requirements as for applicable accounting standards.
factoring would apply also to other economically similar
Furthermore, it has to be noted that where the scope
financial products regardless of the terminology.
of application is not specifically mentioned all other
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parts of the Guidelines apply equally to all types of

exposures including those that result from factoring
arrangements. However, paragraphs 27 to 32 of the
Guidelines define specific rules that apply specifically
to factoring and/or purchased receivables, where
purchased receivables may stem from factoring
arrangements or another type of transaction.
Clarification was requested of whether the approach

proposed for factoring is valid for institutions adopting
Unless it is specifically mentioned the Guidelines apply
the Standardised Approach and those adopting the IRB
equally to institutions that use the IRB and the No change
Approach, taking into account in particular the
Standardised Approach.
derogations for purchased receivables as allowed by the
CRR under the IRB Approach.
Clarification on the treatment of payments made

Some respondents asked for clarification of the treatment directly to the seller has been provided in
of situations where the debtor has not been informed paragraphs 31 and 32 of the Guidelines.
about the cession and the debtor continues making the Differentiation has been introduced depending on
Par. 31-32
payments to the seller instead of the factor. Some suggest whether the debtor has been adequately informed
that this situation should be considered a technical about the cession. In any case, however, this situation
default. should not be treated as technical default (technical
past due situation).
The treatment of factoring that does not lead to the

One respondent asked for clarification of whether recognition of purchased receivables in the balance
factoring without full transfer of risks and benefits should sheet of the institution has been specified in
be treated similarly to an overdraft (i.e. taking into paragraph 27. Although there are some similarities to No change
account the advised limit) or whether the agreed overdrafts, as explained in the section on background
percentage of advances should be taken into account. and rationale, the treatment specified in paragraph 27
is specific to this type of factoring.
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The backstop, i.e. the latest possible moment for the

Several respondents disagreed with automatic recognition recognition of default, has to be specified in an
of default in the case of factoring. Some suggested objective manner in order to ensure sufficient
determination of default on a case-by-case basis if comparability across institutions. In the CRR such a
factoring arrangements have sufficient material impact to backstop has been defined in Article 178(1)(b) as a
Expert judgement No change
cause the obligor to default on its other obligations. It was days past due criterion. However, until that moment
mentioned in particular that judgemental assessment institutions may recognise default on the basis of
should be allowed if the same counterparty is both a unlikeliness to pay considerations, which leaves room
client and a debtor to another client. for judgemental assessment of the financial situation
of the obligor.
In the case of factoring with full transfer of risks and

benefits many respondents suggested that the calculation
of the threshold should not take into account events Dilution risk, as specified in the CRR, applies to
which are strictly related to the commercial relationship portfolios of purchased receivables regardless of
between the debtor and the client (e.g. disputes, whether they stem from factoring arrangements or
discounts, deductions, netting, credit note issued by the any other transactions. The treatment of events
seller). The suggestions on how to address these events related to dilution risk has been further clarified in
Dilution risk Par. 29-30
include a rebuttable presumption on the automatic paragraphs 29 and 30 of the Guidelines. It is also
classification of days past due, suspension of days past stressed that a significant number of events related to
due counting and exclusion of the relevant invoices in the dilution risk may indicate potential unlikeliness to pay
calculation of the threshold. However, the respondents and in this situation an appropriate assessment has to
admit that these occurrences should trigger an analysis of be performed.
the debtor’s situation in order to assess possible
indications of unlikeliness to pay.
One respondent suggested that, in the case of factoring In accordance with general principles the calculation
with full transfer of risks and benefits, in order to classify of days past due should always refer to the dates of
Reference date for DPD a single receivable as past due, the reference date should contractual obligations. In the case of a purchased Par. 32
not be the maturity date of the receivable but the receivable the date of contractual obligation is the due
maturity date contracted with the assignor or the DSO date of the receivable. However, the specific case of
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(days of sales outstanding) plus any increase, which is the undisclosed factoring has been clarified in
date used for determining the sale price of the assigned paragraph 32 of the Guidelines. In this case, as the
receivables. debtors do not have an obligation to pay directly to
the institution, the contractual obligations of the seller
are taken into account for the purpose of counting of
days past due.
The general requirement that the counting of days

past due should always refer to the most up-to-date
In the case of factoring without full transfer of risks and
contractual obligations applies also to factoring
benefits a few respondents requested adding a provision
arrangements. However, it also has to be noted that
that when the factor and the client agree a due date for
where the contractual obligations are changed due to No change
the credit granted to the client, the counting of past due
financial difficulties of the obligor this should be
days shall commence from such date, regardless of the
considered a distressed restructuring and in this case
account that is in debt.
relevant provisions of the Guidelines on the treatment
of distressed restructuring will also apply.
Question 3. Do you agree with the approach proposed for the treatment of specific credit risk adjustments (SCRA)?
Most of the respondents agreed with the proposed rules

for the treatment of specific credit risk adjustments It has been specified that only exposures that are
(SCRA) and appreciated the alignment of these rules with classified as credit-impaired under IFRS 9 have to be
the accounting standards. However, some respondents treated as defaulted, with certain exceptions as
requested additional clarification on the treatment of specified in paragraph 39 of the Guidelines. Exposures
exposures classified as Stage 2 under IFRS 9 to make sure classified as Stage 2 under IFRS 9 are not credit- Par. 39
that these exposures do not have to be treated as impaired and therefore they are in general not treated
defaulted. It was considered that a decrease in book as defaulted. However, these exposures may be
value, even due to a decrease in credit quality, should not classified as defaulted if they are materially past due
necessarily be judged as default, especially in the case of or any other indications of unlikeliness to pay exist.
exposures measured at fair value.
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The treatment of assets purchased or originated at a

significant credit-related discount has been specified
in paragraph 62 of the Guidelines. Such assets should
Several respondents indicated that some assets classified be assessed for potential unlikeliness to pay, which is
as Stage 3 should not be treated as defaulted. The the basis for the decision regarding whether these
examples included in particular assets purchased or assets should be treated as defaulted or not. As a
originated at a significant credit-related discount and result there is no automatism in classification of assets
Par. 62
hence classified as credit-impaired. Some respondents purchased or originated at a discount as defaulted. A
were concerned that assets that are credit-impaired at similar assessment is performed for the purpose of
origination would have to remain defaulted until classification of exposures as credit-impaired for
maturity. accounting purposes. Once the exposures are
classified as defaulted the general criteria for a return
to non-defaulted status apply as specified in Chapter 7
of the Guidelines.
The accounting standards specify how to construct a

balance sheet for the institution that reflects a
situation at a certain point in time, whereas the
Some respondents were concerned about the differences prudential requirements have to be met on an
between the accounting rules and the provisions specified ongoing basis, and therefore the exact date of No change
for a return to non-defaulted status. reclassification is necessary. Moreover, the definition
of default used for prudential purposes may also be
used for accounting purposes, including the criteria for
reclassification.
According to Article 178(3)(b) of the CRR whenever

A few respondents suggested that a threshold should be the institution recognises a specific credit adjustment
applied to the recognition of default based on specific resulting from a significant perceived decline in credit No change
credit risk adjustments. quality subsequent to the institution taking on the
exposure this should be considered an indication of
unlikeliness to pay. Therefore, the Guidelines specify
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which SCRA should be considered to result from a

significant decline in the credit quality of the exposure
and there is no need for specifying a threshold.
There was a formal remark from one respondent that the The comment has been incorporated and the
term ‘Stage 3’ should not be used, as it is not formally Guidelines refer to exposures that are ‘credit- Par. 39
defined in IFRS 9. impaired’.
It has been specified in the Guidelines that SCRA based

on losses resulting from current or past events should
be considered an indication of unlikeliness to pay.
One respondent indicated potential inconsistency
Although the level of provisions may be assessed
between the RTS on the general and specific credit risk
individually or collectively (in particular for exposures
adjustments and the proposed rules. According to this
that are not individually significant) the classification
respondent these RTS prescribe that for the purpose of
of exposures as those where the event of loss has
Article 178 of the CRR only SCRA directly for individual
already occurred is done on an individual basis. No change
exposures should be used and SCRA for a portfolio should
Therefore, the SCRA is specified directly for individual
be excluded even if it is mapped onto the individual
exposures. In contrast to this, as specified in
exposures, whereas in the draft Guidelines it is proposed
paragraph 37 of the Guidelines, where the loss has
that collectively assessed SCRA is also an indication of
occurred but the institution is not yet aware of which
unlikeliness to pay.
individual exposure has suffered these losses this
should not be considered an indication of unlikeliness
to pay of a specific obligor.
Question 4. Do you consider the proposed treatment of the sale of credit obligations appropriate for the purpose of identification of default?
While a few respondents agreed with the proposed The price for a credit obligation reflects in general the
treatment of the sale of credit obligations many expectation of the future cash flows on the exposure.
Level of the threshold respondents suggested increasing the proposed threshold Where the price is significantly lower than the No change
for the loss on the sale of credit obligations. One outstanding amount this indicates unlikeliness to pay
respondent indicated that the threshold should be with regard to this obligation. Where, however, the
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significantly increased to avoid situations where discount results from other than credit-quality-related
exposures with a PD that is material but significantly reasons this situation is addressed in paragraph 42 of
below 100% is classified as defaulted. This respondent the Guidelines.
also argued that as LGD and in particular the existing
collateral affects the sale price the loss in general should
not be the basis for the recognition of default.
The treatment of non-credit-risk-related factors that

Several respondents requested that objective criteria to
influence the price for credit obligations has been
determine losses due to credit risk should be specified, as
Application of the specified in paragraph 42 of the Guidelines. Where the
many factors other than credit-related can substantially No change
threshold economic loss related to the sale of credit obligations
influence the price and therefore these should be
is considered not credit-related the sale should not be
excluded.
considered an indication of default.
Introduction of discounting in the formula would lead

to excessive complexity. It was considered that the
formula should be rather simple. It takes into account
the outstanding amount at the moment of the sale
A few respondents suggested that the exposure in the
and does not include any future interest. These future
formula for the threshold should be discounted to reflect No change
interests reflect the value of the payments in time for
the timing of the payments.
the investor and hence the price for well-performing
obligations should cover at least the current
outstanding amount (i.e. mostly the value of the
principal).
Several respondents noted that the portfolio subject to It is specified in paragraph 48 of the Guidelines that
the sale is often heterogeneous and may in particular the treatment of individual credit obligations within
include performing and non-performing exposures. Some this portfolio should be determined in accordance No change
respondents suggested that exposures should be grouped with how the price for the portfolio was set. Where
into homogeneous pools in terms of credit quality and the price for the portfolio is set only at the portfolio
that not all exposures should be defaulted as a result of level it is assumed that the exposures included in this
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the sale. portfolio are sufficiently homogeneous and can be

treated similarly in terms of the identification of
default. Where, however, both performing and non-
performing exposures are subject to the sale it is likely
that the price will differ for different parts of the sold
portfolio. In this case the threshold will apply
separately to each part of the portfolio that was
separately priced.
The sale of credit obligations as a default trigger is

relevant for exposures that are not yet defaulted at
the moment of the sale. In the case exposures
Several respondents indicated that the default trigger defaulted before their sale, such sale will not define
Requests for based on the sale of credit obligations should be the moment of default but will determine the level of
No change
clarification considered an auxiliary indicator as exposures are loss related to the previously defaulted exposure. In
typically defaulted before sale. the case of institutions that use the advanced IRB
Approach this information should be adequately
recorded and stored for the purpose of LGD
estimation process.
It has been clarified in paragraph 41 that transactions

Several respondents requested clarification of whether of traditional securitisation should be considered sale
Par. 41
securitised exposures qualify as sold exposures. of credit obligations where they lead to significant risk
transfer.
One respondent asked for clarification of the treatment of The treatment of partial sale of credit obligations of an
the exposures to a client that remain on the book when obligor is described in paragraph 47 of the Guidelines.
some of the exposures to this client have been sold by the The pulling effect is not an obligatory indication of No change
institution, and in particular of whether the pulling effect default but institutions may use it where it is
could be applied in this case. considered appropriate. Therefore, in the case of retail
exposures where default definition is applied at the
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facility level, institutions should decide themselves

whether they will use the pulling effect and, if so,
whether it will include the value of sold credit
obligations.
Treatment of the sale of credit obligations at a

material credit-related economic loss as an indication
of default is already required by Article 178(3)(c) of
Some respondents expressed concerns about the
the CRR and hence the obligation to store this
application of the threshold retrospectively. They argued
information for the purpose of estimation of risk
that the behaviour of sellers would have been different
parameters under the IRB Approach existed before the
Implementation had the proposed rules been in force at the time of sale. No change
application of these Guidelines. Where the historical
In addition it was mentioned that reporting and
information is considered not representative of the
documentation subsequent to a sale might be technically
current conditions this should be treated
challenging if no exposures to the client exist any more.
appropriately in the estimation of risk parameters.
More guidance in this regard will be provided in the
EBA Guidelines on the estimation of risk parameters.
In order to achieve greater comparability of capital

requirements across institutions the rules regarding
One respondent proposed determining default in case of the recognition of default should be as far as possible
the sale of credit obligations by assessing whether there objective and independent of the applicable
Other comments would have been an individual impairment adjustment on accounting framework. The approach proposed by the No change
the exposure without the sale transaction, instead of the respondent would lead to excessive subjectivity of the
application of the threshold. assessment and would also depend on the locally
applicable expectations with regard to the impairment
adjustments.
Question 5. Do you agree that expected cash flows before and after distressed restructuring should be discounted with the customer’s original effective interest
rate or would you prefer to use the effective interest rate applicable at the moment before signing the restructuring arrangement? Do you consider the
specification of the interest rate used for discounting of cash flows sufficiently clear?
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Distressed restructuring should lead to recognition of

Many respondents suggested that the proposed threshold default whenever it leads to diminished financial
should be increased; some suggested up to 5% or even up obligation caused by material forgiveness, or
to 10%. A few respondents were of the opinion that the postponement, of principal, interest or, where
threshold should be removed and that instead the relevant fees. As the term distressed restructuring
relevant measure for recognition of default should be set already implies that an obligor is facing substantial
Level of the threshold at a level when the new cash flow (NPV) would no longer financial difficulties, the main purpose of the specified No change
be adequate to cover the value at origination of the threshold is to avoid the recognition of default due to
obligation, regardless of the decline in NPV. some technicalities related to the calculation of NPV,
One respondent suggested that similar thresholds should rather than to reflect the materiality of the loss. The
be used for all comparisons (e.g. distressed restructuring, other thresholds apply to different values and have a
discount in case of sale of obligations). different economic rationale; therefore, there is no
justification for using the same level of threshold.
The majority view of the respondents was taken into

The majority of respondents supported the use of the
account and, as proposed in the Consultation Paper,
original effective interest rate while a few respondents
Interest rate the original effective interest rate was specified as the No change
were in favour of using the current (before signing the
appropriate discounting factor for the purpose of NPV
restructuring contract) effective interest rate.
calculation.
Many respondents asked for clarification on the It has been specified that NPV should be calculated
treatment of variable rate contracts (here it was with the use of the original effective interest rate as a
suggested that the variable component should be used at discounting factor in order to align the rule with
the current level together with the spread that was accounting practices. Therefore, any approximation of
negotiated originally in the contract). In addition it was such rate or treatment of variable rates that is used
suggested that a certain approximation should be allowed No change
for accounting purposes should also be used in the
in line with IFRS. In addition some respondents asked for calculation of NPV for the purpose of default
clarification of the rule for those institutions that do not identification.
use IFRS and suggested that these banks should be
allowed to use a different interest rate for the purpose of It has to be stressed that the calculation of diminished
discounting cash flows. Furthermore, clarification was financial obligation is relevant only to distressed
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requested of which interest rate should be used in the restructuring, i.e. the restructuring that results from
case of purchased or originated credit-impaired financial financial difficulties of the obligor. In this situation,
assets. whenever the financial obligation has diminished as a
result of material forgiveness, or postponement, of
Finally, it was argued by a respondent that the
principal, interest or, where relevant fees, default
classification to defaulted status of the distressed
should be recognised.
restructuring should not be based on the ‘impairment
test’ for accounting purposes, as the objective of this test
is only to evaluate when an impairment has been
produced as a consequence of modification of a contract
and not to determine whether the exposure is defaulted.
The formula for NPV both before and after the

Several respondents asked for clarification of whether the restructuring arrangements is based only on the
Application of the
formula for the loss calculation includes cash flows from contractual schedules of payments and not on the No change
threshold
recoveries. cash flows that are actually expected, where they are
different.
The Guidelines only provide further clarification on the

Some respondents requested further alignment with application of Article 178 of the CRR and cannot
IFRS 9, according to which banks shall assess significant contradict it. According to Article 178(3)(d) of the CRR
increase in credit risk but forbearance measures that distressed restructuring that is likely to result in a
No change
diminish the cash flows of the contract do not necessarily diminished financial obligation caused by material
automatically result in a credit-impaired status (defaulted forgiveness, or postponement, of principal, interest or,
status) under IFRS 9. where relevant fees should be considered an
indication of unlikeliness to pay.
Some respondents indicated cases where the threshold The Guidelines were specified with the intention of
might not work properly. These include a situation where not introducing excessive complexity. The proposed
the interest reset date has been passed in the case of approach to the assessment of diminished financial No change
defaulted exposures and the exposures are therefore obligations should be sufficiently universal to be
subject to daily interest rates (as in these cases the applied to any type of exposure. This calculation is
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proposed present value test would always lead to a only relevant to exposures that are not yet defaulted
default) and where a lower interest rate after a distressed before the restructuring arrangements. In order to be
restructuring might be due to lower risk if the able to compare the financial obligations, the NPV
restructuring brought in additional collateral or an before and after restructuring should be calculated
increase in seniority. with the use of the same discounting factor. The
potential additional collateral may contribute to a
more effective recovery processes in the case of
default but in general does not change the fact of
whether default has occurred or not.
One respondent proposed that the calculation of loss that

results from the comparison of the NPVs of the cash flows
before and after restructuring should account for
The existence of collateral may contribute to a more
available collateral. Transactions with solid collaterals or
effective recovery process in the case of default but it No change
relating to exposures past due where the customer has
cannot be used to avoid the identification of default.
increased the level of collaterals or paid the underlying
interest should not be classified as distressed
restructuring.
The accompanying documents include the analysis of

various options considered in the process of the
A few respondents argued that paragraph 43 of the draft
specification of the Guidelines but the final policy
Guidelines, which requires that all forborne non-
choices are reflected in the legal text of the
performing exposures should be classified as defaulted
Guidelines. While it was proposed that the pulling
and subject to distressed restructuring, should be deleted.
Other comments effect used for the purpose of supervisory reporting No change
This is seen as contradictory to the statement included in
should not be treated as an obligatory indication of
the accompanying documents that the alignment of the
unlikeliness to pay in the identification of default, it
definition of default with the non-performing exposures
was considered important to specify that all forborne
should be non-obligatory.
non-performing exposures should be classified as
defaulted.
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The definition of distressed restructuring has been

aligned with the definition of forbearance used for the
Several respondents indicated that it should be made
purpose of supervisory reporting. As forbearance
clear that the concept of distressed restructuring should
refers only to such changes of terms and conditions
not apply if a revision of the conditions is allowed by the No change
resulting from financial difficulties of the obligor, only
contract or by specific laws or where the conditions are
such situations should be treated as potential
changed based on commercial renegotiations.
indications of unlikeliness to pay in accordance with
Article 178(3)(d) of the CRR.
The Guidelines do not change the rules for supervisory

reporting. Rather, some of the rules that apply in
supervisory reporting were transposed into default
identification processes in order to achieve greater
alignment. In particular it has been specified that all
A concern was expressed by some respondents that the forborne non-performing exposures should be
proposed rules may lead to an increase in non-performing classified as defaulted. This rule will not increase the
loans, as currently in the case of the first forbearance number of non-performing loans but, depending on
measure 'under probation' a default only occurs after the the currently applicable practices, may lead to the
recognition of more defaults. No change
30 days past due criterion or after the implementation of
the second forbearance measure. These respondents However, where the currently applied practices in the
suggested that the current methodology should be recognition of default are less strict than those
maintained. specified in the Guidelines and the exposures
defaulted in accordance with the Guidelines were not
previously classified as non-performing, an increase in
non-performing loans may result from the rule that all
defaulted exposures should be reported as non-
performing.
One respondent saw the proposal for calculation of NPV As the calculation of NPV should be applied for the No change
as overly burdensome. purpose of the identification of default, it only applies
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to those exposures that are subject to distressed

restructuring and have not been recognised as
defaulted yet. As the calculation is based only on
actual contractual obligations with an interest rate
that is already used for accounting purposes, it should
not be overly burdensome.
Q6. Do you agree that the purchase or origination of a financial asset at a material discount should be treated as an indication of unlikeliness to pay?
The treatment of the purchase or origination of a

The majority of respondents were of the opinion that the financial asset at a material discount has been
purchase or origination of a financial asset at a material specified in paragraph 62 of the Guidelines. This
discount should not be treated as an indication of approach will ensure greater comparability across
unlikeliness to pay or that it should only be treated as institutions and will provide alignment with the
such if this material discount is due to credit quality accounting standards. It has been specified that the
issues. It was argued that, otherwise, performing clients asset should be considered defaulted only in the case
would need to be classified as in default. However, some of unlikeliness to pay considerations. A similar
respondents supported this event being an indication of assessment is performed for accounting purposes in
unlikeliness to pay or suggested that it should be an order to decide whether the asset should be
auxiliary indicator. considered impaired. This approach will ensure that
Par. 62
Some respondents suggested that the treatment of the the classification of exposures as defaulted will be
purchase or origination of a financial asset at a material based on the assessment of the credit quality of the
discount should be aligned with the treatment of the sale exposures.
of credit obligations. It was, however, also noted that the Although there is a clear relation between the
treatment would not be appropriate for the purchase of a purchase and the sale of a portfolio, especially in the
portfolio where the discount should not necessarily lead case of intragroup transactions, where the assessment
to default on all assets but maybe just some of them. of the credit quality of the obligors should be
Hence the treatment should entail individual assessment consistent, full alignment of the treatment was not
of the creditworthiness of the obligor and should not rely considered appropriate. In the case of the sale of
solely on rating agency downgrades. credit obligations the price received by the institution
determines the final economic loss related to this
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exposure. In the case of the purchase of an asset the

price does not indicate the final outcome but is rather
a starting point for the assessment.
As the classification to defaulted status will be based

Some respondents requested clarification on the criteria
on the assessment of the unlikeliness to pay of the
for a return to non-defaulted status in the case of
credit obligation, the same criteria for a return to non- No change
exposures defaulted at the moment of purchase or
defaulted status will apply as in the case of any other
origination.
indication of unlikeliness to pay.
Question 7. What probation periods before the return from default to non-defaulted status would you consider appropriate for different exposure classes and for
distressed restructuring and all other indications of default?
The majority of respondents did not agree with fixed The specification of the probation period is based on
probation periods, and the arguments include, among the assumption that where default has been
others, possible inconsistency with Article 178(5) of the recognised the assessment of unlikeliness to pay
CRR, lack of alignment with IFRS 9 and consequences for should be more cautious. The application of the
internal management practices. The respondents in probation period should prevent frequent
general prefer more flexibility in setting probation periods reclassifications of exposures where unlikeliness to
and in some situations it should be possible to shorten pay may still exist.
the probation period. It is also argued that institutions
Fixed minimum should be able to choose those tried and trusted periods The same consideration applies to those cases where
default is triggered on the basis of the days past due No change
probation periods from their individual internal risk management.
criterion, as, before reclassification, institutions should
A few respondents suggested that the probation period make sure that the improvement of the financial
should not apply if default is triggered on the basis of the situation of the obligor is permanent and that the
days past due criterion. reclassification is not a result of a one-off payment.
However, several respondents agreed with the proposal It also has to be stressed that the Guidelines specify
for the probation period and expressed support for only minimum lengths for probation periods and,
rationalising and aligning the conditions for where appropriate, institutions may apply longer
reclassification to a non-defaulted status. periods. In particular, the length of the probation
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period may be different for different types of

exposures.
It is considered that the 3-month probation period is

Several respondents argued that the 3-month probation the shortest period during which a meaningful
period is too long for both large corporate exposures and assessment of the improvement of the credit quality
retail consumers, in particular when applied together with of the exposures can be performed. This is also
the strict definition of technical default. Other consistent with the results of the QIS, which indicate
respondents suggested that the length should be different that where probation periods are used they have a
for different types of products, customers or triggers of length of at least 3 months and in many cases much
Length of the probation default. However, some respondents envisaged that longer probation periods are used. No change
period applying changed probation periods to historical defaults
would be challenging in the recalibration of IRB models, Regarding the differentiation of the length of such
especially if different probation periods are applied to periods it was decided that institutions should be
different types of default events. One respondent allowed to decide whether such differentiation is
proposed that in order to address short-term instruments appropriate in a specific situation. Therefore,
the probation period could be set in terms of a institutions may apply different probation periods for
percentage of the remaining period. different types of exposures but each of those
probation periods has to be at least 3 months.
The application of probation periods does not affect

the alignment with supervisory reporting. As all
defaulted exposures have to be reported as non-
Many respondents mentioned the importance of aligning performing the exposures will remain non-performing
regulatory proposals with the treatment of non- until the end of the probation period and until the
Alignment performing loans in supervisory reporting and with IFRS 9. reclassification to non-defaulted status or the No change
In particular, concerns were expressed in the context of termination of the exposure. As a result the
exposures classified as Stage 2 under IFRS 9. classification of exposures as non-performing will
remain consistent with their classification as
defaulted.
With regard to IFRS 9 it is in general recommended
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that for accounting purposes the same definition of

default should be used as for prudential purposes. This
includes in particular the criteria for the
reclassification of exposures. It has to be noted that in
the case of IFRS 9 this alignment will refer to
exposures classified as Stage 3, whereas exposures in
Stage 2 are not considered defaulted unless other
indications of unlikeliness to pay are observed.
This proposal could potentially achieve similar

objectives to those of the probation periods but it was
One respondent presented an alternative proposal that
not included in the Guidelines as it is not in line with
Alternative solution instead of probation periods a maximum relative amount No change
the current practices of the institutions and it could be
of multiple defaults could be introduced.
difficult to implement for institutions that use the
Standardised Approach.
As all defaulted exposures have to be reported as non-

performing the alignment with the reporting
A few respondents suggested that in the case of framework has not been compromised. Institutions
distressed restructuring the requirement should be should be particularly cautious when reclassifying
aligned with the reporting framework and the obligor exposures that were subject to distressed
Material payment No change
should either make a material payment or otherwise restructuring and it is important that material
demonstrate the ability to comply with the post- payment be made before reclassification. Only this
forbearance conditions. way can the obligor truly demonstrate both the ability
and the willingness to repay the obligation in
accordance with the post-restructuring conditions.
Several respondents requested clarification of which A ‘grace period’ as referred to in paragraph 72 of the
Grace period repayment suspensions shall be considered a ‘grace Guidelines should be understood as a period during Par. 53
period’ in accordance with paragraph 59 of the which no or only interest payments are required.
Consultation Paper. The postponement of a due However, institutions should also assess unlikeliness
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instalment and/or due interest and/or a due fee towards to pay in the context of the specific repayment
the end of the credit period should not be considered an schedule. In accordance with paragraph 52 of the
extension of the 'grace period' towards the end of the Guidelines an irregular repayment schedule where
credit period. Should such postponement be considered a significantly lower payments are envisaged at the
'grace period' this would indicate that the 1-year beginning of the repayment schedule, a large lump
minimum period starts at the end of the credit period. sum payment is envisaged at the end of the
repayment schedule or a significant grace period is
envisaged at the beginning of the repayment schedule
may indicate unlikeliness to pay.
No additional conditions were added in the Guidelines

as it is considered that it is possible to return to non-
defaulted status even in a case where partial losses
have been incurred on a specific exposure. This is, in
particular, possible in the case of distressed
Clarification was requested of how to treat exposures restructuring where the loss could have been incurred
Partial losses No change
with incurred partial losses. at the moment of the restructuring. Such loss should
not prevent a return to non-defaulted status where all
conditions specified in that regard in the Guidelines
are met. However, where the advanced IRB Approach
is used these losses should be taken into account in
the estimation of LGD.
Question 8: Do you agree with the proposed approach as regards the level of application of the definition of default for retail exposures?
The large majority of respondents supported the The rules proposed for the level of application of the
proposed approach, especially with regard to alignment definition of default for retail exposures remained as
of the level of application of the definition of default with specified in the Consultation Paper. It was not possible No change
internal risk management practices. In addition, to provide more clarity on the possible level of overlap
clarification was requested of paragraph 74 of the of obligors between portfolios subject to facility and
Consultation Paper, which requires keeping the number obligor-level definitions of default and in particular it
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of clients under different levels of application of the was not considered appropriate to specify a certain
definition of default to a strict minimum. threshold in that regard. The extent of overlap should
be assessed individually for each situation; however,
the wording ‘strict minimum’ suggests that the extent
of acceptable overlap should be limited to very few
individual cases.
Question 9: Do you consider that where the obligor is defaulted on a significant part of its exposures this indicates the unlikeliness to pay of the remaining credit
obligations of this obligor?
The majority of respondents agreed that the pulling effect

can be included as an additional, but not automatic,
indication of unlikeness to pay. Several respondents
Taking into account the concerns expressed by the
questioned the proposals for a possible automatic
respondents it was specified that the pulling effect
contagion rule based on additional indications of
could be taken into consideration as an additional No change
unlikeness to pay in the case of default definition at the
indication of unlikeliness to pay but that this should
facility level. On the other hand, a few respondents
not be an obligatory criterion for default.
suggested that the pulling effect should be mandatory
and aligned with supervisory reporting requirement or
that the threshold is too low.
Question 10. Do you agree with the approach proposed for the application of materiality threshold to joint credit obligations?
Many respondents expressed general agreement with the

proposed requirements. However, there was also a Taking into consideration the concerns expressed by
general opinion that automatic consideration of all the respondents, specific situations have been defined
Contagion rules individual obligors participating in a joint credit obligation in paragraph 97 of the Guidelines where the default of Par. 97
as defaulted is too strict, especially in the case of many a joint credit obligation does not have to lead to
individual obligors. Several respondents suggested that a default of individual exposures to these obligors.
case-by-case assessment should be applied.
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The concept of the materiality threshold and the way

it applies have been harmonised through the RTS on
the materiality threshold for past due exposures and
Several respondents mentioned that competition issues these Guidelines. The right of the competent
Competition may arise between Member States due to differences in authorities to specify the exact level of the threshold No change
materiality thresholds. has been granted by Article 178(2)(d) of the CRR and
the differences between the Member States should
reflect in particular different market and economic
conditions in these countries.
Some respondents mentioned the operational burden in

identification of those obligors that are within the scope
of application of the joint default treatment, and also in As the implementation of some of the provisions
terms of applying the treatment on a group-wide basis included in the Guidelines may be challenging for
and criteria for the return to non-defaulted status. some institutions, a long implementation period has
been envisaged. As the relations between clients
A few respondents argued that the identification of full provide relevant information for the assessment of
joint liability of retail obligors (e.g. a married couple) on risk it is considered important that the institutions
Operational burden an ongoing basis is overly burdensome. Other collect such information. However, where the full No change
respondents opined that consideration of contagion implementation of these requirements is overly
across retail and corporate exposures may not be possible burdensome and the effect of non-compliance is
and contradicts commonly applied management material, institutions may agree with their competent
approaches. One respondent suggested that the authorities appropriate action plans or demonstrate
alternative solution mentioned in the Consultation Paper that the effect of non-compliance is immaterial on the
(aggregating of individual and joint credit obligations) basis of Article 146 of the CRR.
should be available for portfolios, for which the general
approach is too costly or burdensome.
One respondent requested clarification of how default on A joint obligor should be counted as a separate
Default counting a joint credit obligation should be counted in the default obligor. Therefore, default on a joint credit obligation No change
time series. should be counted separately from default of
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individual obligors.
Question 11. Do you agree with the requirements on internal governance for banks that use the IRB Approach?
The requirements on internal governance are based

A large majority of the respondents agreed with the
directly on the requirements for IRB institutions
proposal. It was stressed by several respondents that it is
included in the CRR but they do not contradict BCBS
important that the requirements be aligned with BCBS
guidelines. A long implementation period has been
Guidelines on credit risk management processes. A few
specified in order to account for the fact that during No change
respondents mentioned possible difficulties with regard
this period not only the changes in the definition of
to the use test requirement, especially in the context of a
default will have to be implemented but in the case of
large number of upcoming changes in the area of the IRB
institutions that use the IRB Approach also other
Approach.
changes related to the review of the IRB Approach.
107

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EBA/GL/2016/07

Guidelines on the application of the definition of default under

2. Background and rationale

2.1 Implementation of the changes in the definition of default

2.2 Past due criterion in the identification of default

2.2.2 Technical past due situation

2.2.3 Exposures to central governments, local authorities and public sector

2.2.4 Factoring and purchased receivables

2.2.5 Materiality threshold

2.3 Indications of unlikeliness to pay

 technical past due situations;

2.3.2 Sale of credit obligations

2.3.3 Distressed restructuring

According to Article 178(3)(d) of the CRR a distressed restructuring is an indication of unlikeliness to

2.3.5 Additional indications of unlikeliness to pay

As the purchase or origination of a financial asset by an institution at a material discount is treated as

2.4 Application of the definition of default in external data

2.5 Criteria for a return to non-defaulted status

2.6 Consistency of the application of the definition of default

2.7 Application of the definition of default for retail exposures

2.7.2 Pulling effect

2.7.3 Materiality threshold for joint exposures

2.8 Documentation, internal policies and risk management

2.8.2 Internal governance

on the application of the definition of

1. Compliance and reporting

Status of these guidelines

2. Subject matter, scope and definitions

First application of the Guidelines by IRB institutions

(c) include an additional margin of conservatism in their rating systems in order to

4. Past due criterion in the

Counting of days past due

Technical past due situation

Exposures to central governments, local authorities and public

Specific provisions applicable to factoring and purchased

Setting the materiality threshold

5. Indications of unlikeliness to pay

Specific credit risk adjustments (SCRA)

(b) the materiality threshold referred to in Article 178(2)(d) of Regulation (EU) No

(d) the exposure meets the conditions of paragraph 25.

Sale of the credit obligation

DO is diminished financial obligation;

(c) significant grace period at the beginning of the repayment schedule;

(e) if the protection scheme fails, the company is likely to be liquidated.

Other indications of unlikeliness to pay

(d) the borrower has breached the covenants of a credit contract;

(e) the institution has called any collateral including a guarantee;

(h) the reporting of an exposure as non-performing in accordance with Annex V of

Governance processes regarding unlikeliness to pay

6. Application of the definition of

(b) either perform appropriate adjustments in the external data or be able to

7. Criteria for the return to a non-

Minimum conditions for reclassification to a non-defaulted status

(a) consider that no trigger of default continues to apply to a previously defaulted

referred to in Articles 178(1)(b) and 178(3) of Regulation (EU) No 575/2013 cease to

(a) the moment of extending the restructuring measures;

(d) no indications of unlikeliness to pay as specified in Article 178(3) of Regulation (EU) No

Monitoring of the effectiveness of the policy