X1PART TENTRANSITIONAL PROVISIONS, REPORTS, REVIEWS AND AMENDMENTS

TITLE ITRANSITIONAL PROVISIONS

CHAPTER 4Large exposures, own funds requirements, leverage and the Basel I Floor

F1 Article 497Own funds requirements for exposures to CCPs

1.

Where a third-country CCP applies for recognition in accordance with Article 25 of Regulation (EU) No 648/2012, institutions may consider that CCP as a QCCP from the date on which it submitted its application for recognition to F2the Bank and until one of the following dates:

(a)

where the F3Treasury have made regulations under Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established and that implementing act has entered into force, two years after the date of submission of the application;

(b)

where the F4Treasury have not yet made regulations under Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established or where that implementing act has not yet entered into force, the earlier of the following dates:

  1. (i)

    two years after the date of entry into force of the F5regulations;

  2. (ii)

    for CCPs that submitted the application after 27 June 2019, two years after the date of submission of the application;

  3. (iii)

    for those CCPs that submitted the application before 27 June 2019, 28 June 2021.

2.

Until the expiration of the deadline referred to in paragraph 1 of this Article, where a CCP referred to in that paragraph does not have a default fund and does not have in place a binding arrangement with its clearing members that allows it to use all or part of the initial margin received from its clearing members as if they were pre-funded contributions, the institution shall substitute the formula for calculating the own funds requirement in Article 308(2) with the following one:

KCMi=maxKCCP×IMiDFCCP+IM ; 8 %×2 %×IMi

where:

  • KCMi

    the own funds requirement;

  • K CCP

    the hypothetical capital of the QCCP communicated to the institution by the QCCP in accordance with Article 50c of Regulation (EU) No 648/2012;

  • DF CCP

    the pre-funded financial resources of the CCP communicated to the institution by the CCP in accordance with Article 50c of Regulation (EU) No 648/2012;

  • i

    the index denoting the clearing member;

  • IM i

    the initial margin posted with the CCP by clearing member i; and

  • IM

    the total amount of initial margin communicated to the institution by the CCP in accordance with Article 89(5a) of Regulation (EU) No 648/2012.

3.

In exceptional circumstances, where it is necessary and proportionate in order to avoid disruption to international financial markets, the F6Treasury may by regulations extend F7by 12 months on each occasion the transitional provisions set out in paragraph 1 of this Article.