EC, via Regulation 2021/237, is amending the date at which the clearing obligation takes effect for certain types of contracts. In this context, Regulation 2021/237 amends the regulatory technical standards laid down in Regulations 2015/2205, 2016/592, and 2016/1178, which specify the dates from which the clearing obligation is to take effect for contracts pertaining to certain classes of OTC derivatives. The amendments to the three Regulations facilitate certain Brexit-related novations of OTC derivative contracts to EU counterparties during a specific time-window. Regulation 2021/237 shall enter into force on the day following that of its publication in the Official Journal of the European Union.
The Delegated Regulations 2015/2205, 2016/592, and 2016/1178 specify the dates from which the clearing obligation is to take effect for contracts pertaining to certain classes of OTC derivatives. In addition, those Regulations provide for different dates depending on the category of counterparty to those contracts. It is known that UK became a third country on February 01, 2020 and the EU law ceased to apply to and in UK December 31, 2020. However, the clearing obligation laid down in the European Markets Infrastructure Regulation (EMIR: 648/2012) does not take into account the eventuality of a member state withdrawing from EU. To address issues stemming from this, EC is amending the date at which the clearing obligation takes effect for certain contracts. Regulation 2021/237 is based on the draft regulatory technical standards submitted to EC by ESMA.
As part of the key changes, Articles1, 2, and 3 of the amending regulation (2021/237) amend Regulations 2015/2205, 2016/592, and 2016/1178, respectively, specifying that, in respect of contracts pertaining to a class of OTC derivatives (these include certain interest rate OTC derivatives classes and certain credit default OTC derivatives classes) set out in the respective Annexes of the regulations being amended, the clearing obligation shall take effect from February 18, 2022 where the following conditions are fulfilled:
- the clearing obligation has not been triggered by February 18, 2021
- the contracts are novated for the sole purpose of replacing the counterparty established in UK with a counterparty established in a member state
Effective Date: February 18, 2021
Keywords: Europe, EU, UK, Banking, Securities, Clearing Obligation, OTC Derivatives, Interest Rate Derivatives, CDS, ESMA, EC
BIS published the September issue of the Quarterly Review, which contains special features that analyze the rapid rise in equity funding for financial technology firms, the effectiveness of policy measures in response to pandemic, and the evolution of international banking.
The Basel Committee for Banking Supervision (BCBS) met in September 2021 and reviewed climate-related financial risks, discussed impact of digitalization, and welcomed efforts by the International Financial Reporting Standards (IFRS) Foundation to develop a common set of sustainability reporting standards
The Office of the Comptroller of the Currency (OCC) issued a Cease and Desist Order against MUFG Union Bank for deficiencies in technology and operational risk governance.
The European Commission (EC) published the Delegated Regulation 2021/1527 with regard to the regulatory technical standards for the contractual recognition of write down and conversion powers.
In a response to the questions posed by a member of the European Parliament, the President Christine Lagarde highlighted the commitment of the European Central Bank (ECB) to an ambitious climate-related action plan along with a roadmap, which was published in July 2021.
The Single Resolution Board (SRB) published a Communication on the application of regulatory technical standard provisions on prior permission for reducing eligible liabilities instruments as of January 01, 2022.
The Australian Prudential Regulation Authority (APRA) published a new set of frequently asked questions (FAQs) to provide guidance to authorized deposit-taking institutions on the interpretation of APS 120, the prudential standard on securitization.
The French Prudential Control and Resolution Authority (ACPR) published the corrective version of the RUBA taxonomy Version 1.0.1, which will come into force from the decree of January 31, 2022.
The European Commission (EC) announced that Nordea Bank has signed a guarantee agreement with the European Investment Bank (EIB) Group to support the sustainable transformation of businesses in the Nordics.
The Australian Prudential Regulation Authority (APRA) published a new set of frequently asked questions (FAQs) to clarify the regulatory capital treatment of investments in the overseas deposit-taking and insurance subsidiaries.