General Information & Client Service
  • Americas: +1.212.553.1653
  • Asia: +852.3551.3077
  • China: +86.10.6319.6580
  • EMEA: +44.20.7772.5454
  • Japan: +81.3.5408.4100
Media Relations
  • New York: +1.212.553.0376
  • London: +44.20.7772.5456
  • Hong Kong: +852.3758.1350
  • Tokyo: +813.5408.4110
  • Sydney: +61.2.9270.8141
  • Mexico City: +001.888.779.5833
  • Buenos Aires: +0800.666.3506
  • São Paulo: +0800.891.2518
November 26, 2018

European Parliament, or EP, published report on the proposal for a regulation of the European Parliament and of the Council regarding exposures in the form of covered bonds. The proposed regulation would amend the Capital Requirements Regulation (Regulation No 575/2013). The report was tabled for the first reading at the Plenary session. It includes draft of European Parliament legislative resolution, procedure of the committee responsible, and information on final vote by roll call in the committee responsible.

In light of the opinion of EBA, it is appropriate to amend CRR by adding additional requirements for covered bonds, thus strengthening the quality of covered bonds eligible for favorable capital treatment, as provided for in Article 129 of that Regulation. Article 129 of CRR grants, under certain conditions, preferential treatment to covered bonds. The report states that only a limited number of national covered bond frameworks allow the inclusion of residential or commercial mortgage-backed securities. The use of such structures is decreasing and is considered to add unnecessary complexity to the covered bond programs. It is thus appropriate to eliminate the use of such structures as eligible assets altogether. 

Moreover, Article 129(1) of CRR establishes the loan-to-value (LTV) limits for mortgage and ship assets but does not specify how those limits are to be applied, which may lead to uncertainty. The LTV limits should be applied as soft coverage limits, meaning that while there are no limits to the size of an underlying loan, such a loan can only act as collateral within the LTV limits imposed on the assets. It is appropriate to specify that the LTV limits determine the portion of the loan contributing to the coverage of the covered bond. To ensure greater clarity, the report states that it should also be specified that the LTV limits are applicable throughout the entire maturity of the loan. The actual LTV should not change but remain at the limit of 80% of the value of the property for residential loans and at the limit of 60% of the value of the property for commercial loans and ships.

To further enhance the quality of the covered bonds that receive the preferential capital treatment as provided for in Article 129 of CRR, that preferential treatment should be subject to a minimum level of overcollateralization, meaning a level of collateral exceeding the coverage requirements as referred to in Article 15 of the EU directive on the issue of covered bonds and covered bond public supervision. Member states can decide to apply a higher minimum level of overcollateralization to covered bonds issued by credit institutions located in their territory, without preventing other covered bonds with a lower minimum level of overcollateralization that comply with this Regulation from benefiting from its provisions. Such a requirement serves the purpose of mitigating the most relevant risks arising in case of the issuer’s insolvency or resolution. As per the report, CRR should be amended accordingly.

This report also states that the proposed regulation should be applied in conjunction with the EU Directive on the issue of covered bonds and covered bond public supervision and amending the Undertakings for Collective Investment in Transferable Securities Directive (2009/65/EC) and the Bank Resolution and Recovery Directive or BRRD (2014/59/EU). To ensure the consistent application of the new framework establishing the structural features of the issue of covered bonds and the amended requirements for preferential treatment, the application of this proposed Regulation should be deferred to coincide with the date from which member states are to apply the provisions transposing that Directive.

 

Related Links

Keywords: Europe, EU, Banking, Securities, CRR, Covered Bonds, BRRD, UCITS, Report for Plenary, European Parliament

Related Insights
News

US Agencies Propose Derivative Counterparty Credit Exposure Framework

US Agencies (OCC, FED, and FDIC) proposed to implement a new approach for calculating the exposure amount of derivative contracts under the regulatory capital rule.

December 17, 2018 WebPage Regulatory News
News

HKMA Announces Intention to Consult on Updated BCBS Disclosure Rules

HKMA announced that it will consult the industry in due course on the relevant implementation proposal to give effect to the disclosure requirements of the December 2018 package by BCBS.

December 17, 2018 WebPage Regulatory News
News

HKMA Issues and Revises Reporting Forms Under the IRRBB Framework

HKMA issued a revised version of the Supervisory Policy Manual (SPM) IR-1, with an updated title “Interest Rate Risk in the Banking Book” (IRRBB).

December 14, 2018 WebPage Regulatory News
News

EBA Single Rulebook Q&A: Second Update for December 2018

EBA published answers to six questions under the Single Rulebook question and answer (Q&A) updates for this week.

December 14, 2018 WebPage Regulatory News
News

OSFI Proposes Changes to Guideline on Large Exposure Limits

OSFI proposed revisions to the Guideline B-2 on Large Exposure Limits, for implementation in the first quarter of 2020.

December 13, 2018 WebPage Regulatory News
News

BCBS Consults on Disclosure Rules for Leverage Ratio Window-Dressing

BCBS published a consultative document on revisions to the leverage ratio disclosure requirements to address the leverage ratio window-dressing behavior.

December 13, 2018 WebPage Regulatory News
News

PRA Updates the Policy on Approach to Systemic Risk Buffer

PRA published the final Statement of Policy on the PRA approach to the implementation of the systemic risk buffer (SRB), as proposed in the consultation paper CP29/18.

December 13, 2018 WebPage Regulatory News
News

EP Report Examines Financial Supervision and Regulation in US

European Parliament published a report that provides a concise overview of the Dodd-Frank Act, the challenges of its implementation, and efforts to roll back the Act, in large part due to what are viewed to be vague and impractical provisions.

December 12, 2018 WebPage Regulatory News
News

FED Proposes to Revise Several Reporting Forms Including FR Y-9C

FED proposed to extend for three years, with revision, the FR Y-9, FR Y-7N, FR Y-11, and FR 2314 family of reports, in addition to the forms FR 2886b, FR Y-8, FR 2248, FR 2320, FR 2644, and FR 2886b.

December 12, 2018 WebPage Regulatory News
News

EBA Finalizes Guidelines on the STS Criteria in Securitization

EBA published the final guidelines that provide a harmonized interpretation of the criteria for a securitization to be eligible as simple, transparent, and standardized (STS) on a cross-sectoral basis throughout EU.

December 12, 2018 WebPage Regulatory News
RESULTS 1 - 10 OF 2340