EC published the Delegated Regulation 2020/448 on the specification of the treatment of over-the-counter (OTC) derivatives in connection with certain simple, transparent, and standardized securitizations for hedging purposes. Regulation 2020/448 amends Regulation 2016/2251 and shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 42(3) of Regulation 2017/2402 amended Article 11(15) of the European Market Infrastructure Regulation or EMIR (648/2012). This amendment was to ensure that, with regard to the margin requirements for non-centrally cleared OTC derivatives, derivatives associated with covered bonds and derivatives associated with securitizations are treated in the same manner. Since Regulation 2016/2251 is based on Article 11(15) of EMIR, this regulation (2016/2251) is also being amended to reflect the amendment made to Article 11(15) of EMIR. Regulation 2016/2251 has been amended to include rules on the risk-mitigation techniques for OTC derivative contracts not cleared by a central counterparty concluded by a securitization special purpose entity in connection with a securitization. This Regulation is based on the draft regulatory technical standards submitted to EC by EBA, EIOPA, and ESMA.
In Regulation 2016/2251, Article 30a on the treatment of derivatives in connection with securitizations for hedging purposes has been inserted. By way of derogation from Article 2(2) and where the conditions set out in paragraph 2 of Article 30a of Regulation (EU) 2016/2251 are met, counterparties may provide, in their risk management procedures, the following in connection with OTC derivatives contracts that are concluded by a securitization special purpose entity in connection with a securitization as defined in point (1) of Article 2 of Regulation (EU) 2017/2402 and meeting the conditions of Article 4(5) of EMIR:
- That variation margin is not posted by the securitization special purpose entity but is collected from its counterparty in cash and returned to its counterparty when due
- That initial margin is not posted or collected
Paragraph 1 of Article 30a of Regulation (EU) 2016/2251 shall apply where all of the following conditions are met:
- The counterparty to the OTC derivative concluded with the securitization special purpose entity in connection with the securitization ranks at least pari passu with the holders of the most senior securitization note, provided that counterparty is neither the defaulting nor the affected party
- The securitization special purpose entity for the securitization to which the OTC derivatives contract is associated is subject to a level of credit enhancement of the most senior securitization note of at least 2% of the outstanding notes on an ongoing basis
- The netting set does not include OTC derivative contracts unrelated to the securitization
Effective Date: April 16, 2020
Keywords: Europe, EU, Banking, Securities, Securitization, STS Securitization, OTC Derivatives, Hedging, EMIR, Initial Margin, Regulation 220/448, EC
Previous ArticleOSFI Announces Regulatory Adjustments to Support COVID-19 Efforts
EBA published an erratum for the technical package on phase 2 of the reporting framework 3.0.
MAS amended Notice 643A that addresses requirements for banks to prepare statements of exposures and credit facilities to related concerns or parties.
ECB has published, in the Official Journal of the European Union, the Guideline 2021/565 on the euro short-term rate (€STR) and this guideline amends the previous ECB Guideline 2019/1265.
EBA launched a consultation on the draft regulatory technical standards on the list of countries with an advanced economy for calculating the equity risk under the alternative standardized approach (FRTB-SA).
PRA is proposing, via CP7/21, the approach to implementing new requirements related to the specification of the nature, severity, and duration of an economic downturn in the internal ratings-based (IRB) approach to credit risk.
The UK government launched the Recovery Loan Scheme (RLS) as part of its continued COVID-19 support for UK businesses, as announced by HM Treasury on March 03, 2021.
FSB published a letter, from its Chair Randal K. Quarles, to the G20 Finance Ministers and Central Bank Governors, ahead of their virtual meeting on April 07, 2021.
OSFI issued a letter to the deposit-taking institutions issuing covered bonds and announced the unwinding of the temporary increase to the covered bond limit for deposit-taking institutions, effective immediately.
To support recovery from the COVID-19 crisis, EU has published two regulations to amend the securitization framework, as set out in the Securitization Regulation (2017/2402) and the Capital Requirements Regulation or CRR (575/2013).
HM Treasury announced that G7 Finance Ministers and Central Bank Governors met ahead of COP 26, the 2021 UN Climate Change Conference, and agreed on green agenda.