{"id":"circulars/cssf-20-751-2","title":"Circular CSSF 20/751","type":"circular","date":"2020-10-07","kind":"circular","html":"<p>Circular CSSF 20/751 is a CSSF circular, published 7 October 2020. Subject: Adoption of the Guidelines of the European Banking Authority on management of non-performing and forborne exposures (EBA/GL/2018/06), disclosure of non-performing and forborne exposures (EBA/GL/2018/10).</p>\n<p>Relevant for: Credit institutions.</p>\n<p>Keywords: Accounting, Credit risk, Risk management.</p>\n<h2>Text</h2>\n<p>GUIDELINES OF THE EUROPEAN BANKING AUTHORITY ON MANAGEMENT OF NONPERFORMING AND FORBORNE EXPOSURES (EBA/GL/2018/06) AND ON DISCLOSURE OF NONPERFORMING AND FORBORNE EXPOSURES (EBA/GL/2018/10</p>\n<p>AMENDED BY EBA/GL/2022/13)</p>\n<p>Circular CSSF 20/751 as amended by Circular CSSF 23/830 Re: Application of the Guidelines of the European Banking Authority on management of non-performing and forborne exposures (EBA/GL/2018/06) and on disclosure of non-performing and forborne exposures (EBA/GL/2018/10 amended by EBA/GL/2022/13).</p>\n<p>Luxembourg, 25 September</p>\n<p>Ladies and Gentlemen,</p>\n<p>2020 To all credit institutions and</p>\n<p>branches</p>\n<p>Luxembourg of</p>\n<p>credit</p>\n<p>institutions having their registered office in a third country</p>\n<p>The purpose of this Circular is to draw your attention to the following two guidelines of the European Banking Authority (EBA), namely EBA/GL/2018/06 on the management of non-performing and forborne exposures and EBA/GL/2018/10 (amended by the EBA/GL/2022/13) on the disclosure of non-performing and forborne exposures. The CSSF, as competent authority, has integrated those guidelines into its administrative practice and regulatory approach with a view to promote supervisory convergence in this field at European level and hence expects supervised entities1 to duly comply with the Guidelines as explained below. Over the past decades, the level of non-performing loans (NPL) and forborne exposures remained very contained in Luxembourg, notwithstanding a higher level in the European Union, especially in some jurisdictions. Nevertheless, in a context of macroeconomic uncertainties which may have a structural effect on the economic activity of borrowers, the CSSF expects credit institutions to endorse and apply the sound and robust credit risk management and consumer protection standards laid down in the said EBA guidelines in a manner proportionate with their exposure towards non-performing and forborne exposures. These guidelines complement the provisions of Article 9(3) of CSSF Regulation 15-02 that requires credit institutions to use effective systems for identifying and managing problematic credits and for making adequate value adjustments and provisions.</p>\n<p>“Significant supervised entities” as defined in Article 2, point 16 of Regulation (EU) No 468/2014 of</p>\n<p>the European Central Bank (ECB) of 16 April 2014 (SSM Framework Regulation) shall refer to the relevant ECB rules.</p>\n<p>Scope of application and proportionality</p>\n<ol>\n<li>The Guidelines on management of non-performing and forborne exposures (EBA/GL/2018/06) apply to credit institutions on an individual, sub-consolidated and consolidated basis as well as Luxembourg branches of credit institutions having their registered office in a third country. 2. The risk management strategies, internal governance and operational arrangements with respect to the management of non-performing and forborne exposures shall be appropriate as regards the size and the internal organisation of the credit institution and the nature, scope and complexity of its problematic assets. 3. For the Guidelines on disclosure of non-performing and forborne exposures (EBA/GL/2018/10 amended by the EBA/GL/2022/13), a set of templates (1, 3, 4 and 9) is applicable to credit institutions that are subject to all or some of the disclosure requirements specified in Part Eight of Regulation (EU) No 575/2013 (CRR2) and that are classified as: a. small and non-complex institutions as defined in Article 4(1) point 145 CRR that are listed institutions, and b. other institutions that are non-listed institutions as defined in Article 4(1) point 148 CRR. Small and non-complex institutions that are not listed are not subject to any disclosure requirements for non-performing and forborne exposures.</li>\n</ol>\n<p>The text above is the opening of the document; the PDF carries the whole.</p>\n<p><a href=\"https://www.cssf.lu/en/Document/corrigendum-circular-cssf-20-751/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/cssf20_751eng.pdf\" target=\"_blank\" rel=\"noreferrer\">PDF</a>. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.</p>"}