Search Legislation

Commission Delegated Regulation (EU) 2016/2251Show full title

Commission Delegated Regulation (EU) 2016/2251 of 4 October 2016 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards for risk-mitigation techniques for OTC derivative contracts not cleared by a central counterparty (Text with EEA relevance)

 Help about what version

What Version

 Help about advanced features

Advanced Features

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Changes over time for: Commission Delegated Regulation (EU) 2016/2251 (Annexes only)

 Help about opening options

Changes to legislation:

Commission Delegated Regulation (EU) 2016/2251 is up to date with all changes known to be in force on or before 08 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

EUR 2016 No. 2251 may be subject to amendment by EU Exit Instruments made by both the Prudential Regulation Authority and the Financial Conduct Authority under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 4. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

ANNEX IU.K. Correspondence of Probability of default (‘PD’) to Credit quality steps for the purposes of Articles 6 and 7

An internal rating with a PD equal to or lower than the value in Table 1 shall be associated to the corresponding credit quality step.

Table 1

Credit Quality StepProbability of default, as defined in Article 4(54) of Regulation (EU) 575/2013 lower than or equal to:
10,10 %
20,25 %
31 %
47,5 %

ANNEX IIU.K. Methodology to adjust the value of collateral for the purposes of Article 21

1.The value of the collateral shall be adjusted as follows:U.K.

Cvalue = C · (1 – HC – HFX)

where:

C

=

the market value of the collateral;

HC

=

the haircut appropriate to the collateral, as calculated under paragraph 2;

HFX

=

the haircut appropriate to currency mismatch, as calculated under paragraph 6.

2.Counterparties shall apply at least the haircuts provided in the following Tables 1 and 2 to the market value of the collateral:U.K.

Table 1

Haircuts for long term credit quality assessments

Credit quality step with which the credit assessment of the debt security is associatedResidual maturityHaircuts for debt securities issued by entities described in Article 4 (1) (c) to (e) and (h) to (k), in (%)Haircuts for debt securities issued by entities described in Article 4 (1) (f), (g), (l) to (n) in (%)Haircuts for securitisation positions meeting the criteria in Article 4 (1) (o) in (%)
1≤ 1 year0,512
> 1 ≤ 5 years248
> 5 years4816
2-3≤ 1 year124
> 1 ≤ 5 years3612
> 5 years61224
4 or below≤ 1 year15N/AN/A
> 1 ≤ 5 years15N/AN/A
> 5 years15N/AN/A

Table 2

Haircuts for short term credit quality assessments

Credit quality step with which the credit assessment of a short term debt security is associatedHaircuts for debt securities issued by entities described in Article 4(1) (c) and (j) in (%)Haircuts for debt securities issued by entities described in Article 4(1) (m) in (%)Haircuts for securitisation positions and meeting the criteria in Article 4(1) (o) in (%)
10,512
2-3 or below124

1.Equities in main indices, bonds convertible to equities in main indices and gold shall have a haircut of 15 %.U.K.

2.For eligible units in UCITS the haircut is the weighted average of the haircuts that would apply to the assets in which the fund is invested.U.K.

3.Cash variation margin shall be subject to a haircut of 0 %.U.K.

4.For the purpose of exchanging variation margin, a haircut of 8 % shall apply to all non-cash collaterals posted in a currency other than those agreed in an individual derivative contract, the relevant governing master netting agreement or the relevant credit support annex.U.K.

5.For the purpose of exchanging initial margin, a haircut of 8 % shall apply to all cash and non-cash collaterals posted in a currency other than the currency in which the payments in case of early termination or default have to be made in accordance with the single derivative contract, the relevant exchange of collateral agreement or the relevant credit support annex (‘termination currency’). Each of the counterparties may choose a different termination currency. Where the agreement does not identify a termination currency, the haircut shall apply to the market value of all the assets posted as collateral.U.K.

ANNEX IIIU.K. Own volatility estimates of the haircuts to be applied to the market value of collateral for the purposes of Article 22

1.The calculation of the adjusted value of the collateral shall meet all of the following conditions:U.K.

(a)

counterparties shall base the calculation on a 99th percentile, one-tailed confidence interval;

(b)

counterparties shall base the calculation on a liquidation period of at least 10 business days;

(c)

counterparties shall calculate the haircuts by scaling up the daily revaluation haircuts, using the following square-root-of time formula:

where:

H

=

the haircut to be applied;

HM

=

the haircut where there is daily revaluation;

NR

=

the actual number of business days between revaluations;

TM

=

the liquidation period for the type of transaction in question;

(d)

counterparties shall take into account the lesser liquidity of low quality assets. They shall adjust the liquidation period upwards in cases where there are doubts concerning the liquidity of the collateral. They shall also identify where historical data may understate potential volatility. Such cases shall be dealt with by means of a stress scenario;

(e)

the length of the historical observation period institutions use for calculating haircuts shall be at least 1 year. For counterparties that use a weighting scheme or other methods for the historical observation period, the length of the effective observation period shall be at least 1 year;

(f)

the market value of the collateral shall be adjusted as follows:

Cvalue = C · (1 – H)

where:

C

=

the market value of the collateral;

H

=

the haircut as calculated in point (c) above.

2.Cash variation margin may be subject to a haircut of 0 %.U.K.

3.For debt securities that have a credit assessment from an ECAI, counterparties may use their own volatility estimate for each category of security.U.K.

4.In determining relevant categories of securities for the purposes of paragraph 3, counterparties shall take into account the type of issuer of the security, the external credit assessment of the securities, their residual maturity, and their modified duration. Volatility estimates shall be representative of the securities included in the category.U.K.

5.The calculation of haircuts resulting from the application of point (c) of paragraph 1 shall meet all of the following conditions:U.K.

(a)

a counterparty shall use the volatility estimates in the day-to-day risk management process including in relation to its exposure limits;

(b)

where the liquidation period used by a counterparty is longer than that referred to in point (b) of paragraph 1 for the type of OTC derivative contract in question, that counterparty shall increase its haircuts in accordance with the square root of time formula referred to in point (c) of that paragraph.

ANNEX IVU.K. Standardised Method for the calculation of initial margin for the purposes of Articles 9 and 11

1.The notional amounts or underlying values, as applicable, of the |OTC derivative contracts in a netting set shall be multiplied by the percentages in the following Table 1:U.K.

Table 1

CategoryAdd-on factor
Credit: 0-2 year residual maturity2 %
Credit: 2-5 year residual maturity5 %
Credit: 5+ year residual maturity10 %
Commodity15 %
Equity15 %
Foreign exchange6 %
Interest rate and inflation: 0-2 year residual maturity1 %
Interest rate and inflation: 2-5 year residual maturity2 %
Interest rate and inflation: 5+ year residual maturity4 %
Other15 %

2.The gross initial margin of a netting set shall be calculated as the sum of the products referred to in paragraph 1 for all OTC derivative contracts in the netting set.U.K.

3.The following treatment shall be applied to contracts which fall within more than one category:U.K.

(a)

where a relevant risk factor for an OTC derivative contract can be clearly identified, contracts shall be assigned to the category corresponding to that risk factor;

(b)

where the condition referred to in point (a) is not met, contracts shall be assigned to the category with the highest add-on factor among the relevant categories;

(c)

the initial margin requirements for a netting set shall be calculated in accordance with the following formula:

Net initial margin = 0,4 * Gross initial margin + 0,6 * NGR * Gross initial margin.

where:

(i)

net initial margin refers to the reduced figure for initial margin requirements for all OTC derivative contracts with a given counterparty included in a netting set;

(ii)

NGR refers to the net-to-gross ratio calculated as the quotient of the net replacement cost of a netting set with a given counterparty in the numerator, and the gross replacement cost of that netting set in the denominator;

(d)

for the purposes of point (c), the net replacement cost of a netting set shall be the bigger between zero and the sum of current market values of all OTC derivative contracts in the netting set;

(e)

for the purposes of point (c), the gross replacement cost of a netting set shall be the sum of the current market values of all OTC derivative contracts calculated in accordance with Article 11(2) of Regulation (EU) No 648/2012 and Articles 16 and 17 of Delegated Regulation (EU) No 149/2013 with positive values in the netting set;

(f)

the notional amount referred to in paragraph 1 may be calculated by netting the notional amounts of contracts that are of opposite direction and are otherwise identical in all contractual features except their notional amounts.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources