CHAPTER VIINON-FINANCIAL COUNTERPARTIES
Article 10(Article 10(4)(a) of Regulation (EU) No 648/2012)Criteria for establishing which OTC derivative contracts are objectively reducing risks
1.
An OTC derivative contract shall be objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity of the non-financial counterparty or of that group, when, by itself or in combination with other derivative contracts, directly or through closely correlated instruments, it meets one of the following criteria:
(a)
it covers the risks arising from the potential change in the value of assets, services, inputs, products, commodities or liabilities that the non-financial counterparty or its group owns, produces, manufactures, processes, provides, purchases, merchandises, leases, sells or incurs or reasonably anticipates owning, producing, manufacturing, processing, providing, purchasing, merchandising, leasing, selling or incurring in the normal course of its business;
(b)
it covers the risks arising from the potential indirect impact on the value of assets, services, inputs, products, commodities or liabilities referred to in point (a), resulting from fluctuation of interest rates, inflation rates, foreign exchange rates or credit risk;
(c)
Article 11(Article 10(4)(b) of Regulation (EU) No 648/2012)Clearing thresholds
The clearing thresholds values for the purpose of the clearing obligation shall be:
- (a)
EUR 1 billion in gross notional value for OTC credit derivative contracts;
- (b)
EUR 1 billion in gross notional value for OTC equity derivative contracts;
- (c)
EUR 3 billion in gross notional value for OTC interest rate derivative contracts;
- (d)
EUR 3 billion in gross notional value for OTC foreign exchange derivative contracts;
- (e)
EUR 3 billion in gross notional value for OTC commodity derivative contracts and other OTC derivative contracts not provided for under points (a) to (d).