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Document 02014O0060-20240506

Consolidated text: Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60) (recast)

ELI: http://data.europa.eu/eli/guideline/2015/510/2024-05-06

02014O0060 — EN — 06.05.2024 — 014.001


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►M2   GUIDELINE (EU) 2015/510 OF THE EUROPEAN CENTRAL BANK

of 19 December 2014

on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60) ◄

(recast)

(OJ L 091 2.4.2015, p. 3)

Amended by:

 

 

Official Journal

  No

page

date

►M1

GUIDELINE (EU) 2015/732 OF THE EUROPEAN CENTRAL BANK  of 16 April 2015

  L 116

22

7.5.2015

►M2

GUIDELINE (EU) 2015/1938 OF THE EUROPEAN CENTRAL BANK  of 27 August 2015

  L 282

41

28.10.2015

►M3

GUIDELINE (EU) 2016/64 OF THE EUROPEAN CENTRAL BANK  of 18 November 2015

  L 14

25

21.1.2016

►M4

GUIDELINE (EU) 2016/2298 OF THE EUROPEAN CENTRAL BANK  of 2 November 2016

  L 344

102

17.12.2016

►M5

GUIDELINE (EU) 2017/1362 OF THE EUROPEAN CENTRAL BANK  of 18 May 2017

  L 190

26

21.7.2017

►M6

GUIDELINE (EU) 2018/570 OF THE EUROPEAN CENTRAL BANK  of 7 February 2018

  L 95

23

13.4.2018

►M7

GUIDELINE (EU) 2019/1032 OF THE EUROPEAN CENTRAL BANK  of 10 May 2019

  L 167

64

24.6.2019

 M8

DECISION (EU) 2020/506 OF THE EUROPEAN CENTRAL BANK  of 7 April 2020

  L 109I

1

7.4.2020

►M9

GUIDELINE (EU) 2020/1690 OF THE EUROPEAN CENTRAL BANK  of 25 September 2020

  L 379

77

13.11.2020

►M10

GUIDELINE (EU) 2021/889 OF THE EUROPEAN CENTRAL BANK  of 6 May 2021

  L 196

1

3.6.2021

►M11

GUIDELINE (EU) 2022/987 OF THE EUROPEAN CENTRAL BANK  of 2 May 2022

  L 167

113

24.6.2022

►M12

GUIDELINE (EU) 2023/831 OF THE EUROPEAN CENTRAL BANK  of 16 December 2022

  L 104

32

19.4.2023

►M13

GUIDELINE (EU) 2024/1163 OF THE EUROPEAN CENTRAL BANK  of 8 February 2024

  L 1163

1

26.4.2024


Corrected by:

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Corrigendum, OJ L 332, 18.12.2015, p.  158 (2015/1938)




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▼M2

GUIDELINE (EU) 2015/510 OF THE EUROPEAN CENTRAL BANK

of 19 December 2014

on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60)

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(recast)



CONTENTS

PART ONE —

SUBJECT MATTER, SCOPE AND DEFINITIONS

PART TWO —

THE EUROSYSTEM MONETARY POLICY TOOLS, OPERATIONS, INSTRUMENTS AND PROCEDURES

TITLE I —

Open market operations

Chapter 1 —

Overview of open market operations

Chapter 2 —

Categories of open market operations

Chapter 3 —

Instruments for open market operations

TITLE II —

Standing facilities

Chapter 1 —

Marginal lending facility

Chapter 2 —

Deposit facility

TITLE III —

Procedures for Eurosystem monetary policy operations

Chapter 1 —

Tender procedures for Eurosystem open market operations

Section 1 —

Tender procedures

Section 2 —

Operational steps for tender procedures

Subsection 1 —

Announcement of tender procedures

Subsection 2 —

Preparation and submission of bids by counterparties

Subsection 3 —

Tender allotment

Subsection 4 —

Announcement of tender results

Section 3 —

Bilateral procedures for Eurosystem open market operations

Chapter 2 —

Settlement procedures for Eurosystem monetary policy operations

PART THREE —

ELIGIBLE COUNTERPARTIES

PART FOUR —

ELIGIBLE ASSETS

TITLE I —

General principles

TITLE II —

Eligibility criteria and credit quality requirements for marketable assets

Chapter 1 —

Eligibility criteria for marketable assets

Section 1 —

General eligibility criteria for marketable assets

Section 2 —

Specific eligibility criteria for certain types of marketable assets

Subsection 1 —

Specific eligibility criteria for asset-backed securities

Subsection 2 —

Specific eligibility criteria for covered bonds backed by asset-backed securities

Subsection 3 —

Specific eligibility criteria for debt certificates issued by the ECB or by NCBs prior to the date of adoption of the euro in their respective Member State

Subsection 4—

Specific eligibility criteria for certain unsecured debt instruments

Chapter 2 —

Eurosystem's credit quality requirements for marketable assets

TITLE III —

Eligibility criteria and credit quality requirements for non-marketable assets

Chapter 1 —

Eligibility criteria for non-marketable assets

Section 1 —

Eligibility criteria for credit claims

Section 2 —

Eligibility criteria for fixed-term deposits

Section 3 —

Eligibility criteria for RMBDs

Section 4 —

Eligibility criteria for DECCs

Chapter 2 —

Eurosystem's credit quality requirements for non-marketable assets

Section 1 —

Eurosystem's credit quality requirements for credit claims

Section 2 —

Eurosystem's credit quality requirements for RMBDs

Section 3 —

The Eurosystem's credit quality requirements for DECCs

TITLE IV —

Guarantees for marketable and non-marketable assets

TITLE V —

Eurosystem credit assessment framework for eligible assets

TITLE VI —

Risk control and valuation framework of marketable and non-marketable assets

Chapter 1 —

Risk control measures for marketable assets

Chapter 2 —

Risk control measures for non-marketable assets

Chapter 3 —

Valuation rules for marketable and non-marketable assets

TITLE VIII —

Rules for the use of eligible assets

TITLE IX —

Cross-border use of eligible assets

PART FIVE —

SANCTIONS IN THE EVENT OF A FAILURE TO COMPLY WITH COUNTERPARTY OBLIGATIONS

PART SIX —

DISCRETIONARY MEASURES

PART SEVEN —

ADDITIONAL MINIMUM COMMON FEATURES IN RELATION TO EUROSYSTEM MONETARY POLICY OPERATIONS

Chapter 1 —

Additional minimum common features applicable to all arrangements for Eurosystem monetary policy operations

Chapter 2 —

Additional minimum common features applicable to both repurchase and collateralised loan agreements

Chapter 3 —

Additional minimum common features exclusive to repurchase agreements

Chapter 4 —

Additional minimum common features exclusive to collateralised loan arrangements

Chapter 5 —

Additional minimum common features exclusive to foreign exchange swaps for monetary policy purposes

PART SEVEN A —

SPECIAL PROVISIONS IN THE EVENT OF A TARGET2 DISRUPTION OVER SEVERAL BUSINESS DAYS

PART EIGHT —

FINAL PROVISIONS

ANNEX I —

Minimum reserves

ANNEX II —

Announcement of tender operations

ANNEX III —

Allotment of tenders and tender procedures

ANNEX IV —

Announcement of tender results

ANNEX V —

Criteria for the selection of counterparties to participate in foreign exchange intervention operations

ANNEX VI —

Cross-border use of eligible assets

ANNEX VIa —

Eligibility criteria for the use of securities settlement systems and links between securities settlement systems in Eurosystem credit operations

ANNEX VII —

Calculation of sanctions to be applied in accordance with part five and financial penalties to be applied in accordance with part seven

ANNEX VIII —

Loan-level data reporting requirements for asset-backed securities and the requirements for loan-level data repositories

ANNEX IX —

Eurosystem credit assessment framework performance monitoring process

ANNEX IXa —

Minimum coverage requirements for external credit assessment institutions in the Eurosystem credit assessment framework

ANNEX IXb —

Minimum requirements in the Eurosystem credit assessment framework for new issue and surveillance reports on covered bond programmes

ANNEX IXc —

ECAI acceptance criteria and application process

ANNEX XI —

Security forms

ANNEX XII —

Examples of Eurosystem monetary policy operations and procedure

ANNEX XIIa —

ANNEX XIII —

Correlation table

ANNEX XIV —

Repealed Guideline with list of its successive amendments

PART ONE

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.  
This Guideline sets out the uniform rules for the implementation of the single monetary policy by the Eurosystem throughout the Member States whose currency is the euro.
2.  
The Eurosystem shall take all the appropriate measures to implement Eurosystem monetary policy operations in accordance with the principles, tools, instruments, requirements, criteria and procedures laid down in this Guideline.
3.  
The legal relationship between the Eurosystem and its counterparties shall be established in appropriate contractual or regulatory arrangements applied by the relevant NCB, in which the provisions of this Guideline are implemented accordingly.
4.  
The ECB's Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations.
5.  
The Eurosystem reserves the right to request and obtain any relevant information from counterparties that is needed to carry out its tasks and achieve its objectives in relation to monetary policy operations. This right is without prejudice to any other existing specific rights of the Eurosystem to request information relating to monetary policy operations.

Article 2

Definitions

For the purposes of this Guideline, the following definitions shall apply:

(1) 

‘actual/360 day-count convention’ means the convention applied in Eurosystem monetary policy operations which determines the actual number of calendar days included in the calculation of interest by using a 360-day year as the basis;

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(2) 

‘agency’ means an entity that is established in a Member State whose currency is the euro and that either engages in certain common-good activities carried out at national or regional level or serves their funding needs, and which the Eurosystem has classified as an agency. The list of entities classified as agencies shall be published on the ECB's website and shall specify whether the quantitative criteria for valuation haircut purposes set out in Annex XIIa are met in respect of each entity;

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(3) 

‘asset-backed securities’ (ABSs) means debt instruments that are backed by a pool of ring fenced financial assets (fixed or revolving), that convert into cash within a finite time period. In addition, rights or other assets may exist that ensure the servicing or timely distribution of proceeds to the holders of the security. Generally, asset-backed securities are issued by a specially created investment vehicle which has acquired the pool of financial assets from the originator or seller. In this regard, payments on the asset-backed securities depend primarily on the cash flows generated by the assets in the underlying pool and other rights designed to assure timely payment, such as liquidity facilities, guarantees or other features generally known as credit enhancements;

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(4) 

‘bilateral procedure’ means a procedure whereby the NCBs or, if appropriate, the ECB conduct outright transactions directly with one or more counterparties, or through stock exchanges or market agents, without making use of tender procedures;

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(5) 

‘book-entry system’ means a system that enables transfers of securities and other financial assets which do not involve the physical movement of paper documents or certificates, e.g. the electronic transfer of securities;

(6) 

‘business day’ means: (a) in relation to an obligation to make a payment, any day on which ►M13  TARGET ◄ is operational to effect such a payment; or (b) in relation to an obligation to deliver assets, any day on which the SSS through which delivery is to be made is open for business in the place where delivery of the relevant securities is to be effected;

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(7) 

‘central securities depository’ (CSD) means a central securities depository as defined in point (1) of Article 2(1) of Regulation (EU) No 909/2014 of the European Parliament and of the Council ( 1 );

▼B

(8) 

‘collateralised loan’ means an arrangement between an NCB and a counterparty whereby liquidity is provided to a counterparty by way of a loan that is secured by an enforceable security interest granted by that counterparty to the NCB in the form of e.g. a pledge, assignment or charge granted over assets;

(9) 

‘collection of fixed-term deposits’ means an instrument used in conducting open market operations, whereby the Eurosystem invites counterparties to place fixed-term deposits on accounts with their home NCBs in order to absorb liquidity from the market;

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(10) 

‘competent authority’ means a public authority or body officially recognised by national law that is empowered by national law to supervise institutions as part of the supervisory system in the relevant Member State, including the ECB with regard to the tasks conferred on it by Council Regulation (EU) No 1024/2013 ( 2 );

▼B

(11) 

‘counterparty’ means an institution fulfilling the eligibility criteria laid down in Part Three entitling it to access the Eurosystem's monetary policy operations;

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(12) 

‘covered bond’ means a debt instrument that is dual recourse: (a) directly or indirectly to a credit institution; and (b) to a dynamic cover pool of underlying assets, and for which there is no tranching of risk;

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(13) 

‘credit claim’ means a claim for the repayment of money, which constitutes a debt obligation of a debtor vis-à-vis a counterparty. Credit claims also include Schuldscheindarlehen and Dutch-registered private claims on the government or other eligible debtors that are covered by a government guarantee, e.g. housing associations;

(14) 

‘credit institution’ means a credit institution within the meaning of Article 2(5) of Directive 2013/36/EU of the European Parliament and of the Council ( 3 ) and point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( 4 ), which is subject to supervision by a competent authority; or a publicly-owned credit institution within the meaning of Article 123(2) of the Treaty that is subject to supervision of a standard comparable to supervision by a competent authority;

(15) 

‘credit rating’ has the same meaning as in Article 3(1)(a) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council ( 5 );

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(16) 

‘cross-border use’ means the submission, as collateral, by a counterparty to its home NCB of:

(a) 

marketable assets held in another Member State whose currency is the euro;

(b) 

marketable assets issued in another Member State and held in the Member State of the home NCB;

(c) 

credit claims where the credit claim agreement is governed by the laws of another Member State whose currency is the euro other than that of the home NCB;

(d) 

retail mortgage-backed debt instruments (RMBDs) in accordance with the applicable procedures of the CCBM;

(e) 

non-marketable debt instruments backed by eligible credit claims (DECCs) issued and held in another Member State whose currency is the euro other than that of the home NCB;

▼B

(17) 

‘currency hedge’ means an agreement entered into between a securities issuer and a hedge counterparty, pursuant to which a portion of the currency risk arising from the receipt of cash flows in a non-euro currency is mitigated by swapping the cash flows for euro currency payments to be made by the hedge counterparty, including any guarantee by the hedge counterparty of those payments;

(18) 

‘custodian’ means an entity which undertakes the safekeeping and administration of securities and other financial assets on behalf of others;

(19) 

‘default market value’ means, with regard to any assets on any date:

(a) 

the market value of such assets at the default valuation time calculated on the basis of the most representative price on the business day preceding the valuation date;

(b) 

in the absence of a representative price for a particular asset on the business day preceding the valuation date, the last trading price is used. If no trading price is available, the NCB undertaking the operation will define a price, taking into account the last price identified for the asset in the reference market;

(c) 

in the case of assets for which no market value exists, any other reasonable method of valuation;

(d) 

if the NCB has sold the assets or equivalent assets at the market price before the default valuation time, the net proceeds of sale, after deducting all reasonable costs, fees and expenses incurred in connection with such sale, such calculation being made and amounts determined by the NCB;

(20) 

‘delivery-versus-payment’ or ‘delivery-against-payment system’ means a mechanism in an exchange-for-value settlement system which ensures that the final transfer, i.e. the delivery, of assets occurs only upon the occurrence of a corresponding final transfer of other assets, i.e. the payment;

(21) 

‘deposit facility’ means a standing facility offered by the Eurosystem which counterparties may use to make overnight deposits at the Eurosystem through an NCB, which are remunerated at a pre-specified interest rate;

(22) 

‘deposit facility rate’ means the interest rate applied to the deposit facility;

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(22a) 

‘direct link’ means an arrangement between two SSSs operated by CSDs, whereby one CSD becomes a direct participant in the SSS operated by the other CSD by opening a securities account, in order to allow the transfer of securities through a book-entry process;

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(23) 

‘domestic use’ means the submission, as collateral, by a counterparty established in a Member State whose currency is the euro, of:

(a) 

marketable assets issued and held in the same Member State as that of its home NCB;

(b) 

credit claims where the credit claim agreement is governed by the laws of the Member State of its home NCB;

(c) 

RMBDs issued by entities established in the Member State of its home NCB;

(d) 

non-marketable debt instruments backed by eligible credit claims issued and held in the same Member State as that of its home NCB;

▼B

(24) 

‘earmarking system’ means a system for NCBs' collateral management whereby liquidity is provided against specified, identifiable assets earmarked as collateral for specified Eurosystem credit operations. The substitution of these assets with other specific eligible assets may be permitted by the home NCB provided that they are earmarked as collateral and are adequate for the specific operation;

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(24-a) 

‘ECONS credit’ means credit provided within contingency processing as referred to in point 2.3 and point 3.2 of Appendix IV to Annex I to Guideline (EU) 2022/912 of the European Central Bank (ECB/2022/8) ( 6 );

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(24a) 

‘EEA legislative covered bond’ means a covered bond which is issued in accordance with the requirements under Article 52(4) of Directive 2009/65/EC of the European Parliament and of the Council ( 7 );

▼B

(25) 

‘eligible assets’ means assets that fulfil the criteria laid down in Part Four and are accordingly eligible as collateral for Eurosystem credit operations;

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(25a) 

‘eligible link’ means a direct or relayed link that the Eurosystem has assessed as compliant with the eligibility criteria laid down in Annex VIa for use in Eurosystem credit operations and is published on the Eurosystem list of eligible links on the ECB's website. An eligible relayed link is composed of underlying eligible direct links;

(25b) 

‘eligible SSS’ means an SSS operated by a CSD that the Eurosystem has assessed as compliant with the eligibility criteria laid down in Annex VIa for use in Eurosystem credit operations and is published on the Eurosystem list of eligible SSSs on the ECB's website;

▼B

(26) 

‘end-of-day’ means the time of the business day following closure of ►M13  TARGET ◄ at which the payments processed in ►M13  TARGET ◄ are finalised for the day;

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(26a) 

‘ESMA reporting activation date’ means the first day on which both (a) a securitisation repository has been registered by the European Securities and Markets Authority (ESMA) and therefore becomes an ESMA securitisation repository and (b) the relevant implementing technical standards, in the format of the standardised templates, have been adopted by the Commission under Article 7(4) of Regulation (EU) 2017/2402 of the European Parliament and of the Council ( 8 ) and have become applicable;

(26b) 

‘ESMA securitisation repository’ means a securitisation repository within the meaning of point (23) of Article 2 of Regulation (EU) 2017/2402, which is registered with ESMA pursuant to Article 10 of that Regulation;

▼B

(27) 

‘euro area inflation index’ means an index provided by Eurostat or a national statistical authority of a Member State whose currency is the euro, e.g. the Harmonised Index of Consumer Prices (HICP);

(28) 

‘European Economic Area’ (EEA) means all Member States, regardless of whether or not they have formally acceded to the EEA, together with Iceland, Liechtenstein and Norway;

(29) 

‘Eurosystem’ means the ECB and the NCBs;

(30) 

‘Eurosystem business day’ means any day on which the ECB and at least one NCB are open for the purpose of conducting Eurosystem monetary policy operations;

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(31) 

‘Eurosystem credit operations’ means: (a) liquidity-providing reverse transactions, i.e. liquidity-providing Eurosystem monetary policy operations excluding foreign exchange swaps for monetary policy purposes and outright purchases; (b) intraday credit; and (c) ECONS credit;

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(31a) 

‘Eurosystem designated repository’ means an entity designated by the Eurosystem in accordance with Annex VIII and which continues to fulfil the requirements for designation set out in that Annex;

▼B

(32) 

‘Eurosystem monetary policy operations’ means open market operations and standing facilities;

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▼B

(34) 

‘final transfer’ means an irrevocable and unconditional transfer which effects the discharge of the obligation to make the transfer;

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(35) 

‘financial corporation’ means a financial corporation as defined in Annex A to Regulation (EU) No 549/2013 of the European Parliament and of the Council ( 9 );

▼B

(36) 

‘fine-tuning operations’ means a category of open market operations executed by the Eurosystem, particularly to deal with liquidity fluctuations in the market;

(37) 

‘fixed coupons’ means debt instruments with a predetermined periodic interest payment;

(38) 

‘fixed-rate tender procedure’ means a tender procedure whereby the ECB specifies the interest rate, price, swap point or spread in advance of the tender procedure and participating counterparties bid the amount they want to transact at that fixed interest rate, price, swap point or spread;

(39) 

‘floating coupon’ means a coupon linked to a reference interest rate with a resetting period corresponding to this coupon of no longer than one year;

(40) 

‘foreign exchange swap for monetary policy purposes’ is an instrument used in conducting open market operations whereby the Eurosystem buys or sells euro spot against a foreign currency and, at the same time, sells or buys it back in a forward transaction on a specified repurchase date;

(41) 

‘home NCB’ means the NCB of the Member State whose currency is the euro in which the counterparty is established;

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(42) 

‘indicative calendar for the Eurosystem's regular tender operations’ means a calendar prepared by the Eurosystem that indicates the timing of the reserve maintenance period, as well as the announcement, allotment and maturity of main refinancing operations and regular longer-term refinancing operations;

▼M2

(42a) 

‘in-kind recapitalisation with public debt instruments’ means any form of increase in the subscribed capital of a credit institution where all or part of the consideration is provided through a direct placement with the credit institution of sovereign or public sector debt instruments that have been issued by the sovereign state or public sector entity providing the new capital to the credit institution;

▼B

(43) 

‘international central securities depository’ (ICSD) means a CSD that is active in the settlement of internationally traded securities from various national markets, typically across currency areas;

(44) 

‘international organisation’ means an entity listed in Article 118 of Regulation (EU) No 575/2013, whereby exposures to such an entity are assigned a 0 % risk weight;

(45) 

‘international securities identification number’ (ISIN) means the international identification code assigned to securities issued in financial markets;

▼M13

(46) 

‘intraday credit’ means intraday credit as defined in Article 2, point (35), of Guideline (EU) 2022/912 (ECB/2022/8), in conjunction with point (35) of Annex III to that Guideline;

▼M4

(46a) 

‘investment firm’ means an investment firm within the meaning of point (2) of Article 4(1) of Regulation (EU) No 575/2013;

▼M6

(46b) 

‘investment fund’ means money market funds (MMFs) or non-money market funds (non-MMFs) as defined in Annex A to Regulation (EU) No 549/2013;

▼B

(47) 

‘issuance of ECB debt certificates’ means a monetary policy instrument used in conducting open market operations, whereby the ECB issues debt certificates which represent a debt obligation of the ECB in relation to the certificate holder;

▼M12 —————

▼M3

(49) 

‘leasing receivables’ means the scheduled and contractually mandated payments by the lessee to the lessor under the term of a lease agreement. Residual values are not leasing receivables. Personal Contract Purchase (PCP) agreements, i.e. agreements pursuant to which the obligor may exercise its option: (a) to make a final payment to acquire full legal title of the goods; or (b) to return the goods in settlement of the agreement; are assimilated to leasing agreements;

▼M9

(49a) 

‘legislative covered bond’ means a covered bond which is either an EEA legislative covered bond or a non-EEA G10 legislative covered bond;

▼B

(50) 

‘liquidity support’ means any structural, actual or potential feature that is designed or deemed appropriate to cover any temporary cash flow shortfall that may occur during the lifetime of an ABS transaction;

▼M7

(50a) 

‘loan-level data repository’ means an ESMA securitisation repository or a Eurosystem designated repository;

▼B

(51) 

‘longer-term refinancing operations’ (LTROs) means a category of open market operations that are executed by the Eurosystem in the form of reverse transactions that are aimed at providing liquidity with a maturity longer than that of the main refinancing operations to the financial sector;

(52) 

‘main refinancing operations’ (MROs) means a category of regular open market operations that are executed by the Eurosystem in the form of reverse transactions;

▼M11

(53) 

‘maintenance period’ has the same meaning as defined in Regulation (EU) 2021/378 of the European Central Bank (ECB/2021/1) ( 10 );

▼B

(54) 

‘margin call’ means a procedure relating to the application of variation margins, implying that if the value of the assets mobilised as collateral by a counterparty, as regularly measured, falls below a certain level, the Eurosystem requires the counterparty to supply additional eligible assets or cash. For pooling systems, a margin call is performed only in cases of under-collateralisation, and for earmarking systems symmetric margin calls are performed, each method as further specified in the national documentation of the home NCB;

(55) 

‘marginal interest rate’ means the lowest interest rate in liquidity-providing variable rate tender procedures at which bids are fulfilled, or the highest interest rate in liquidity-absorbing variable rate tender procedures at which bids are fulfilled;

(56) 

‘marginal lending facility’ means a standing facility offered by the Eurosystem which counterparties may use to receive overnight credit from the Eurosystem through an NCB at a pre-specified interest rate subject to a requirement for sufficient eligible assets as collateral;

(57) 

‘marginal lending facility rate’ means the interest rate applied to the marginal lending facility;

(58) 

‘marginal swap point quotation’ means the swap point quotation at which the total tender allotment is exhausted;

(59) 

‘marketable assets’ means debt instruments that are admitted to trading on a market and that fulfil the eligibility criteria laid down in Part Four;

(60) 

‘maturity date’ means the date on which a Eurosystem monetary policy operation expires. In the case of a repurchase agreement or swap, the maturity date corresponds to the repurchase date;

(61) 

‘Member State’ means a Member State of the Union;

(62) 

multi cédulas’ means debt instruments issued by specific Spanish SPVs (Fondo de Titulización de Activos, FTA) enabling a certain number of small-sized single cédulas (Spanish covered bonds) from several originators to be pooled together;

(63) 

‘multilateral development bank’ means an entity listed in Article 117(2) of Regulation (EU) No 575/2013, whereby exposures to such an entity are assigned a 0 % risk weight;

(64) 

‘multiple rate auction (American auction)’ means an auction in which the allotment interest rate or price or swap point equals the interest rate or price or swap point offered in each individual bid;

(65) 

‘multi-step coupon’ means a coupon structure where the margin part (x) increases more than once during the life of the asset according to a predetermined schedule on predetermined dates, usually the call date or the coupon payment date;

(66) 

‘national central bank’ (NCB) means a national central bank of a Member State whose currency is the euro;

(67) 

‘NCB business day’ means any day on which an NCB is open for the purpose of conducting Eurosystem monetary policy operations, including days when branches of such an NCB may be closed due to local or regional bank holidays;

▼M11

(68) 

‘non-EEA G10 countries’ means the countries participating in the Group of Ten (G10) that are not EEA countries, i.e. Canada, Japan, Switzerland, the United Kingdom and the United States;

▼M9

(68a) 

‘non-EEA G10 legislative covered bond’ means a covered bond issued in accordance with the requirements of the national covered bond legislative framework of a non-EEA G10 country;

▼B

(69) 

‘non-financial corporation’ has the same meaning as in Regulation (EU) No 549/2013;

▼M2

(70) 

‘non-marketable asset’ means any of the following assets: fixed-term deposits, credit claims, RMBDs and non-marketable debt instruments backed by eligible credit claims;

▼M2

(70a) 

‘Non-marketable debt instruments backed by eligible credit claims’ (hereinafter ‘DECCs’) means debt instruments:

(a) 

that are backed, directly or indirectly, by credit claims that satisfy all Eurosystem eligibility criteria for credit claims in accordance with Section 1, Chapter 1 of Title III of Part Four, subject to the provisions of Article 107f;

(b) 

that offer dual recourse to: (i) a credit institution that is the originator of the underlying credit claims; and (ii) the dynamic cover pool of underlying credit claims referred to in point (a);

(c) 

for which there is no tranching of risk;

▼M9 —————

▼B

(72) 

‘outright transaction’ means an instrument used in conducting open market operations, whereby the Eurosystem buys or sells eligible marketable assets outright in the market (spot or forward), resulting in a full transfer of ownership from the seller to the buyer with no connected reverse transfer of ownership;

(73) 

‘pooling system’ means a system for NCBs' collateral management, whereby a counterparty maintains a pool account with an NCB to deposit assets collateralising that counterparty's related Eurosystem credit operations, whereby the assets are recorded in such a way that an individual eligible asset is not linked to a specific Eurosystem credit operation and the counterparty may substitute eligible assets on a continuous basis;

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(74) 

‘public credit rating’ means a credit rating which is: (a) issued or endorsed by a credit rating agency registered in the Union that is accepted as an external credit assessment institution by the Eurosystem; and (b) disclosed publicly or distributed by subscription;

▼B

(75) 

‘public sector entity’ means an entity that is classified by a national statistical authority as a unit within the public sector for the purposes of Regulation (EU) No 549/2013;

(76) 

‘quick tender’ means a tender procedure, which is normally executed within a time frame of 105 minutes from the announcement of the tender to the certification of the allotment result, and which can be restricted to a limited set of counterparties, as further specified in Part Two;

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(76a) 

‘relayed link’ means a link established between SSSs operated by two different CSDs which exchange securities transactions or transfers through a third SSS operated by a CSD acting as an intermediary or, in the case of SSSs operated by CSDs participating in TARGET2-Securities, through several SSSs operated by CSDs acting as intermediaries;

▼B

(77) 

‘repurchase agreement’ means an arrangement whereby an eligible asset is sold to a buyer without any retention of ownership on the part of the seller, while the seller simultaneously obtains the right and the obligation to repurchase an equivalent asset at a specific price on a future date or on demand;

(78) 

‘repurchase date’ means the date on which the buyer is obliged to sell back equivalent assets to the seller in relation to a transaction under a repurchase agreement;

(79) 

‘repurchase price’ means the price at which the buyer is obliged to sell back equivalent assets to the seller in relation to a transaction under a repurchase agreement. The repurchase price equals the sum of the purchase price and the price differential corresponding to the interest on the advanced liquidity over the maturity of the operation;

(80) 

‘reverse transaction’ means an instrument used in conducting open market operations and when providing access to the marginal lending facility whereby an NCB buys or sells eligible assets under a repurchase agreement or conducts credit operations in the form of collateralised loans;

(81) 

‘safe custody account’ means a securities account managed by an ICSD, CSD or NCB on which credit institutions can place securities eligible for Eurosystem credit operations;

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(82) 

‘securities settlement system’ (SSS) means a securities settlement system as defined in point (10) of Article 2(1) of Regulation (EU) No 909/2014, which allows the transfer of securities, either free of payment (FOP), or against payment (delivery versus payment (DVP));

▼B

(83) 

‘settlement date’ means the date on which a transaction is settled;

(84) 

‘single rate auction (Dutch auction)’ means an auction in which the allotment interest rate or price or swap point applied for all satisfied bids is equal to the marginal interest rate or price or swap point;

(85) 

‘Special Purpose Vehicle’ (SPV) means a securitisation special purpose entity as defined in point 66 of Article 4(1) of Regulation (EU) No 575/2013;

(86) 

‘standard tender’ means a tender procedure which is normally carried out within a time frame of 24 hours from the announcement of the tender to the certification of the allotment result;

(87) 

‘structural operations’ means a category of open market operations executed by the Eurosystem to adjust the structural liquidity position of the Eurosystem vis-à-vis the financial sector or pursue other monetary policy purposes as further specified in Part Two;

▼M9 —————

▼M11

(88-a) 

‘sustainability-linked bond issuer group’ means a group of undertakings that operate as a single economic entity and constitute a reporting entity for the purposes of presenting consolidated accounts, comprising the parent undertaking and all of its direct and indirect subsidiaries;

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(88a) 

‘sustainability performance target’ (SPT) means a target set out in a publicly available issuance document, measuring quantified improvements in the sustainability profile of the issuer or of one or more undertakings belonging to the same sustainability-linked bond issuer group over a predefined period of time with reference to one or more of the environmental objectives set out in Regulation (EU) 2020/852 of the European Parliament and of the Council ( 11 ) and/or to one or more of the Sustainable Development Goals set by the United Nations relating to climate change or environmental degradation ( 12 );

▼B

(89) 

‘swap point’ means the difference between the exchange rate of the forward transaction and the exchange rate of the spot transaction in a foreign exchange swap, quoted according to general market conventions;

(90) 

‘tap issuance’ or ‘tap issue’ means an issue forming a single series with an earlier issuance or issue;

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(91) 

‘TARGET’ means the new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system, regulated under Guideline (EU) 2022/912 (ECB/2022/8);

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(91a) 

‘TARGET account’ means TARGET account as defined in Article 2, point (59), of Guideline (EU) 2022/912 (ECB/2022/8), in conjunction with point (59) of Annex III to that Guideline;

▼B

(92) 

‘tender procedure’ means a procedure whereby the Eurosystem provides liquidity to, or withdraws liquidity from, the market whereby the NCB enters into transactions by accepting bids submitted by counterparties after a public announcement;

(93) 

‘trade date (T)’ means the date on which a trade, i.e. an agreement on a financial transaction between two counterparties, is struck. The trade date may coincide with the settlement date for the transaction (same-day settlement) or precede the settlement date by a specified number of business days (the settlement date is specified as T + the settlement lag);

▼M9 —————

▼M6

(95) 

‘tri-party agent’ (TPA) means a CSD operating an eligible SSS that has entered into a contract with an NCB whereby such CSD is to provide certain collateral management services as an agent of that NCB;

▼B

(96) 

‘Union’ means the European Union;

(97) 

‘valuation haircut’ means a percentage decrease applied to the market value of an asset mobilised as collateral in Eurosystem credit operations;

(98) 

‘valuation markdown’ means a certain percentage decrease in the market value of assets, mobilised as collateral in Eurosystem credit operations, prior to the application of any valuation haircut;

(99) 

‘variable rate tender procedure’ means a tender procedure whereby participating counterparties bid both the amount they want to transact and the interest rate, swap point or price at which they want to enter into transactions with the Eurosystem in competition with each other, and whereby the most competitive bids are satisfied first until the total amount offered is exhausted;

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(99a) 

‘wind-down entity’ means an entity, whether privately or publicly owned, that (a) has as its main purpose the gradual divestment of its assets and the cessation of its business; or (b) is an asset management or divestment entity established to support financial sector restructuring and/or resolution, including asset management vehicles resulting from a resolution action in the form of the application of an asset separation tool pursuant to Article 26 of Regulation (EU) No 806/2014 of the European Parliament and of the Council ( 13 ) or national legislation implementing Article 42 of Directive 2014/59/EU of the European Parliament and of the Council ( 14 );

▼B

(100) 

‘zero coupon’ means a debt instrument with no periodic coupon payments.

PART TWO

THE EUROSYSTEM MONETARY POLICY TOOLS, OPERATIONS, INSTRUMENTS AND PROCEDURES

Article 3

Eurosystem monetary policy implementation framework

1.  

The tools used by the Eurosystem in the implementation of monetary policy shall consist of:

(a) 

open market operations;

(b) 

standing facilities;

(c) 

minimum reserve requirements.

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2.  
The minimum reserve requirements are specified in Regulation (EC) No 2531/98 and Regulation (EU) 2021/378 (ECB/2021/1). Certain features of the minimum reserve requirements are illustrated in Annex I for information purposes.

▼B

Article 4

Indicative characteristics of the Eurosystem monetary policy operations

An overview of the characteristics of the Eurosystem monetary policy operations is set out in Table 1.

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Table 1

Overview of characteristics of the Eurosystem monetary policy operations

Categories of the monetary policy operations

Types of instruments

Maturity

Frequency

Procedure

Provision of liquidity

Absorption of liquidity

Open market operations

Main refinancing operations

Reverse transactions

One week

Weekly

Standard tender procedures

Longer-term refinancing operations

Reverse transactions

Three months (*1)

Monthly (*1)

Standard tender procedures

Fine-tuning operations

Reverse transactions

Reverse transactions

Non-standardised

Non-standardised

Tender procedures ►M11   ◄

Foreign exchange swaps

Foreign exchange swaps

Collection of fixed-term deposits

Structural operations

Reverse transactions

Reverse transactions

Non-standardised

Non-standardised

Standard tender procedures (*2)

Issuance of ECB debt certificates

Less than 12 months

Outright purchases

Outright sales

Bilateral procedures (*4) Tender procedures (*3)

Standing facilities

Marginal lending facility

Reverse transactions

Overnight

Access at the discretion of counterparties

Deposit facility

Deposits

Overnight

Access at the discretion of counterparties

(*1)   

Pursuant to Article 7(2)(b), Article 7(2)(c), Article 7(3) and Article 7(4).

(*2)   

Pursuant to Article 9(2)(c), Article 10(4)(c) and Article 13(5)(d).

(*3)   

Pursuant to Article 9(2)(c) and Article 14(3)(c).

►M11  (*4)   

Procedures for bilateral outright transactions are communicated when needed.

 ◄

▼B

TITLE I

OPEN MARKET OPERATIONS

CHAPTER 1

Overview of open market operations

Article 5

Overview of categories and instruments in respect of open market operations

1.  
The Eurosystem may conduct open market operations to steer interest rates, manage the liquidity situation in the financial market and signal the stance of monetary policy.
2.  

Depending on their specific purpose, open market operations can be grouped under the following categories:

(a) 

main refinancing operations;

(b) 

longer-term refinancing operations;

(c) 

fine-tuning operations;

(d) 

structural operations.

3.  

Open market operations shall be conducted by means of the following instruments:

(a) 

reverse transactions;

(b) 

foreign exchange swaps for monetary policy purposes;

(c) 

the collection of fixed-term deposits;

(d) 

the issuance of ECB debt certificates;

(e) 

outright transactions.

4.  

As regards the specific categories of open market operations laid down in paragraph 2, the following instruments referred to in paragraph 3 shall be applicable:

(a) 

MROs and LTROs are conducted exclusively by means of reverse transactions;

(b) 

fine-tuning operations may be conducted by means of:

(i) 

reverse transactions;

(ii) 

foreign exchange swaps for monetary policy purposes;

(iii) 

the collection of fixed-term deposits;

(c) 

structural operations may be conducted by means of:

(i) 

reverse transactions;

(ii) 

the issuance of ECB debt certificates;

(iii) 

outright transactions.

5.  
The ECB shall initiate open market operations and shall also decide on the terms and conditions for their execution and on the instrument to be used.

CHAPTER 2

Categories of open market operations

Article 6

Main refinancing operations

1.  
The Eurosystem shall conduct MROs by means of reverse transactions.
2.  

As regards their operational features, MROs:

(a) 

are liquidity-providing operations;

(b) 

are normally conducted each week in accordance with the indicative calendar for the Eurosystem's regular tender operations;

(c) 

normally have a maturity of one week, as indicated in the indicative calendar for the Eurosystem's regular tender operations, subject to the exception laid down in paragraph 3;

(d) 

are executed in a decentralised manner by the NCBs;

(e) 

are executed by means of standard tender procedures;

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(f) 

are subject to the eligibility criteria laid down in Part Three, which must be fulfilled by all counterparties submitting bids for such operations;

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(g) 

are based on eligible assets as collateral.

3.  
The maturity of MROs may differ on the grounds of varying bank holidays in Member States whose currency is the euro.
4.  
The ECB's Governing Council shall decide on the interest rates for the MROs on a regular basis. The revised interest rates shall become effective from the beginning of the new reserve maintenance period.
5.  
Notwithstanding paragraph 4, the ECB's Governing Council may change the interest rate for the MROs at any point in time. Such decision shall become effective at the earliest from the following Eurosystem business day.
6.  
MROs are executed by means of fixed rate tender procedures or variable rate tender procedures, as decided by the Eurosystem.

Article 7

Longer-term refinancing operations

1.  
The Eurosystem shall conduct LTROs by means of reverse transactions to provide counterparties with liquidity with a maturity longer than that of the MROs.
2.  

As regards their operational features, LTROs:

(a) 

are liquidity-providing reverse operations;

(b) 

are conducted regularly each month in accordance with the indicative calendar for the Eurosystem's regular tender operations, subject to the exception laid down in paragraph 4;

(c) 

normally have a maturity of three months in accordance with the indicative calendar for the Eurosystem's regular tender operations, subject to the exceptions laid down in paragraphs 3 and 4;

(d) 

are executed in a decentralised manner by the NCBs;

(e) 

are executed by means of standard tender procedures;

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(f) 

are subject to the eligibility criteria as laid down in Part Three, which must be fulfilled by all counterparties submitting bids for such operations;

▼B

(g) 

are based on eligible assets as collateral.

3.  
The maturity of LTROs may differ on the grounds of varying bank holidays in Member States whose currency is the euro.
4.  
The Eurosystem may conduct — on a non-regular basis — LTROs with a maturity other than three months. Such operations are not specified in the indicative calendar for the Eurosystem's regular tender operations.
5.  
LTROs with a maturity of more than three months that are conducted on a non-regular basis, as referred to in paragraph 4, may have an early repayment clause. Such an early repayment clause may represent either an option or a mandatory obligation for counterparties under which they repay all or part of the amounts they were allotted in a given operation. Mandatory early repayment clauses shall be based on explicit and predefined conditions. The dates on which the early repayments become effective shall be announced by the Eurosystem at the time of the announcement of the operations. The Eurosystem may decide in exceptional circumstances to suspend early repayments on specific dates on the grounds of, inter alia, bank holidays in Member States whose currency is the euro.

▼M13

6.  
LTROs are executed by means of variable rate tender procedures, unless it is decided by the Eurosystem to execute them by means of a fixed-rate tender procedure. In such a case, the rate applicable to fixed-rate tender procedures may be indexed to an underlying reference rate (e.g. average MRO rate) over the life of the operation, with or without a spread. When the applicable interest rate is calculated as an average of an underlying reference rate over the life of the operation, it shall be calculated by rounding the average to at least the eighth decimal position.

▼B

Article 8

Fine-tuning operations

1.  
The Eurosystem may conduct fine-tuning operations by means of reverse transactions, foreign exchange swaps for monetary policy purposes or the collection of fixed-term deposits, in particular to deal with liquidity fluctuations in the market.
2.  

As regards their operational features, fine-tuning operations:

(a) 

may be conducted either as a liquidity-providing or as a liquidity-absorbing operation;

(b) 

have a frequency and maturity that are normally not standardised;

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(c) 

are normally executed by means of quick tender procedures, unless the Eurosystem decides to conduct the specific fine-tuning operation by means of a standard tender procedure in the light of specific monetary policy considerations or in order to react to market conditions;

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(d) 

are executed in a decentralised manner by the NCBs;

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(e) 

are subject to the eligibility criteria for counterparties as laid down in Part Three, depending on:

(i) 

the specific type of instrument for conducting fine-tuning operations; and

(ii) 

the applicable procedure for that specific type of instrument;

▼B

(f) 

when conducted by means of reverse transactions, they are based on eligible assets as collateral.

▼M2

3.  
The ECB may conduct fine-tuning operations on any Eurosystem business day to counter liquidity imbalances in the reserve maintenance period. If the trade day, settlement day and reimbursement day are not NCB business days, the relevant NCB is not required to conduct such operations.

▼B

4.  
The Eurosystem shall retain a high degree of flexibility as regards its choice of procedures and operational features in the conduct of fine-tuning operations, in order to react to market conditions.

Article 9

Structural operations

1.  
The Eurosystem may conduct structural operations by means of reverse transactions, the issuance of ECB debt certificates or outright transactions to adjust the structural position of the Eurosystem vis-à-vis the financial system, or pursue other monetary policy implementation purposes.
2.  

As regards their operational features, structural operations:

(a) 

are liquidity-providing or liquidity-absorbing operations;

(b) 

have a frequency and maturity that is not standardised;

(c) 

are executed by means of tender or bilateral procedures, depending on the specific type of instrument for conducting the structural operation;

(d) 

are executed in a decentralised manner by the NCBs;

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(e) 

are subject to the eligibility criteria for counterparties as laid down in Part Three, depending on: (i) the specific type of instrument for conducting structural operations; and (ii) the applicable procedure for that specific type of instrument;

▼B

(f) 

liquidity-providing structural operations are based on eligible assets as collateral, with the exception of outright purchases.

3.  
The Eurosystem shall retain a high degree of flexibility as regards its choice of procedures and operational features in the conduct of structural operations in order to react to market conditions and other structural developments.

CHAPTER 3

Instruments for open market operations

Article 10

Reverse transactions

1.  
Reverse transactions are specific instruments to conduct open market operations whereby an NCB buys or sells eligible assets under a repurchase agreement or conducts credit operations in the form of collateralised loans depending on the relevant contractual or regulatory arrangements applied by the NCBs.
2.  
Repurchase agreements and collateralised loans shall comply with the additional requirements for such instruments set out in Part Seven.
3.  
Liquidity-providing reverse transactions shall be based on eligible assets as collateral, pursuant to Part Four.

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4.  

As regards their operational features, reverse transactions for monetary policy purposes:

(a) 

may be conducted either as liquidity-providing or liquidity-absorbing operations;

(b) 

have a frequency and maturity that depends on the category of open market operation for which they are used;

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(c) 

that fall into the category open market operations are executed by means of standard tender procedures, with the exception of fine-tuning operations, where they are executed by means of tender procedures;

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(d) 

that fall into the category marginal lending facility are executed as described in Article 18;

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(e) 

are executed in a decentralised manner by the NCBs.

▼B

5.  
Liquidity-absorbing reverse transactions shall be based on assets provided by the Eurosystem. The eligibility criteria of those assets shall be identical to those applied for eligible assets used in liquidity-providing reverse transactions, pursuant to Part Four. No valuation haircuts shall be applied in liquidity-absorbing reverse transactions.

Article 11

Foreign exchange swaps for monetary policy purposes

1.  
Foreign exchange swaps for monetary policy purposes consist of simultaneous spot and forward transactions in euro against a foreign currency.
2.  
Foreign exchange swaps for monetary policy purposes shall comply with the additional requirements for such instruments set out in Part Seven.
3.  
Unless decided otherwise by the ECB's Governing Council, the Eurosystem shall operate only in widely traded currencies and in accordance with standard market practice.
4.  
In each foreign exchange swap for monetary policy purposes, the Eurosystem and the counterparties shall agree on the swap points for the transaction that are quoted in accordance with general market conventions. The exchange rate terms of foreign exchange swaps for monetary policy purposes are specified in Table 2.
5.  

As regards their operational features, foreign exchange swaps for monetary policy purposes:

(a) 

may be conducted either as liquidity-providing or as liquidity-absorbing operations;

(b) 

have a frequency and maturity that is not standardised;

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(c) 

are executed by means of quick tender procedures, unless the Eurosystem decides to conduct the specific operation by means of a standard tender procedure, in the light of specific monetary policy considerations or in order to react to market conditions;

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(d) 

are executed in a decentralised manner by the NCBs.

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6.  

Counterparties participating in foreign exchange swaps for monetary policy purposes shall be subject to the eligibility criteria as laid down in Part Three, depending on the applicable procedure for the relevant operation.

▼B

Table 2

The exchange rate terms of foreign exchange swaps for monetary policy purposes

S

=

spot (on the transaction date of the foreign exchange swap) of the exchange rate between the euro (EUR) and a foreign currency ABC

image

FM

=

forward exchange rate between the euro and a foreign currency ABC on the repurchase date of the swap (M)

image

ΔΜ

=

forward points between the euro and ABC at the repurchase date of the swap (M)

image

N(.)

=

spot amount of currency; N(.)M is the forward amount of currency:

image

or

image

image

or

image

Article 12

Collection of fixed-term deposits

1.  
The Eurosystem may invite counterparties to place fixed-term deposits with their home NCBs.
2.  
The deposits accepted from counterparties shall be for a fixed term and a fixed rate of interest shall be applied.
3.  
The interest rates applied to fixed-term deposits may be: (a) positive; (b) set at zero per cent; (c) negative.
4.  
The interest rate applied to the fixed-term deposit shall be a simple interest rate based on the actual/360 day-count convention. The interest shall be paid at maturity of the deposit. In cases of a negative interest rate, its application to fixed-term deposits shall entail a payment obligation of the deposit holder to the home NCB, including the right of that NCB to debit the account of the counterparty accordingly. The NCBs shall not provide any collateral in exchange for the fixed-term deposits.

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5.  
Fixed-term deposits shall be held in accounts with the home NCB.

▼B

6.  

As regards their operational features, the collection of fixed-term deposits:

(a) 

is conducted in order to absorb liquidity;

(b) 

may be conducted on the basis of a pre-announced schedule of operations with pre-defined frequency and maturity or may be conducted ad hoc to react to liquidity condition developments, e.g. the collection of fixed-term deposits may be conducted on the last day of a reserve maintenance period to counter liquidity imbalances which may have accumulated since the allotment of the last main refinancing operation;

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(c) 

is executed by means of quick tender procedures, unless it is decided by the ECB to conduct the specific operation by means of a standard tender procedure, in the light of specific monetary policy considerations or in order to react to market conditions;

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(d) 

is executed in a decentralised manner by the NCBs.

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7.  
Counterparties participating in the collection of fixed term deposits shall be subject to the eligibility criteria as laid down in Part Three, depending on the applicable procedure for the relevant operation.

▼B

Article 13

Issuance of ECB debt certificates

1.  
ECB debt certificates constitute a debt obligation of the ECB in relation to the certificate holder.

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2.  
ECB debt certificates shall be issued in book-entry form in a securities depository in a Member State whose currency is the euro. They shall be held in book-entry form.

▼B

3.  
The ECB shall not impose any restrictions on the transferability of ECB debt certificates.
4.  

The ECB may issue ECB debt certificates at:

(a) 

a discounted issue amount that is below the nominal amount; or

(b) 

an amount above the nominal amount,

which are to be redeemed at maturity at a nominal amount.

The difference between the issue and the nominal (redemption) amount shall equal the interest accrued on the issue amount, at the agreed interest rate, over the maturity of the certificate. The interest rate applied shall be a simple interest rate based on the actual/360 day-count convention. The calculation of the issue amount shall be made in accordance with Table 3.

Table 3

Issuance of ECB debt certificates

The issue amount is:

image

where:

N

=

nominal amount of the ECB debt certificate

rI

=

interest rate (in %)

D

=

maturity of the ECB debt certificate (in days)

PT

=

issue amount of the ECB debt certificate

5.  

As regards the operational features of ECB debt certificates:

(a) 

they are issued as a liquidity-absorbing open market operation;

(b) 

they may be issued on a regular or a non-regular basis;

(c) 

they have a maturity that is less than 12 months;

(d) 

they are issued by means of standard tender procedures;

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(e) 

they are tendered in a decentralised manner by the NCBs.

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6.  
Counterparties participating in the standard tender procedure for the issuance of ECB debt certificates shall be subject to the eligibility criteria as laid down in Part Three.

▼B

Article 14

Outright transactions

1.  
An outright transaction shall involve a full transfer of ownership from the seller to the buyer with no connected reverse transfer of ownership.
2.  
In the execution of outright transactions and the calculation of prices, the Eurosystem shall act in accordance with the most widely accepted market convention for the debt instruments used in the transaction.
3.  

As regards their operational features, outright transactions:

(a) 

may be conducted as liquidity-providing operations (outright purchases) or liquidity-absorbing operations (outright sales);

(b) 

have a frequency that is not standardised;

(c) 

are executed by means of bilateral procedures, unless the ECB decides to conduct the specific operation by quick or standard tender procedures;

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(d) 

are executed in a decentralised manner by the NCBs, unless the ECB’s Governing Council decides that the ECB or one or more NCBs, acting as the ECB’s operating arm, shall conduct the specific operation;

▼B

(e) 

are based only on eligible marketable assets as specified in Part Four.

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4.  
Counterparties participating in outright transactions shall be subject to the eligibility criteria as laid down in Part Three.

▼B

Article 15

Obligations of collateralisation and settlement in reverse transactions and foreign exchange swaps for monetary policy purposes

1.  

With regard to liquidity-providing reverse transactions and liquidity-providing foreign exchange swaps for monetary policy purposes, counterparties shall:

(a) 

transfer a sufficient amount of eligible assets in the case of reverse transactions or the corresponding foreign currency amount in the case of foreign exchange swaps to settle on the settlement day;

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(b) 

ensure adequate collateralisation of the operation until its maturity; the value of the assets mobilised as collateral shall cover at all times the total outstanding amount of the liquidity-providing operation including the accrued interest during the term of the operation. If interest accrues at a positive rate, the applicable amount should be added on a daily basis to the total outstanding amount of the liquidity-providing operation and if it accrues at a negative rate, the applicable amount should be subtracted on a daily basis from the total outstanding amount of the liquidity-providing operation;

▼B

(c) 

when applicable as regards point (b), provide adequate collateralisation by way of corresponding margin calls by means of sufficient eligible assets or cash.

2.  

With regard to liquidity-absorbing reverse transactions and liquidity-absorbing foreign exchange swaps for monetary policy purposes, counterparties shall:

(a) 

transfer a sufficient amount of cash to settle the amounts they have been allotted in the relevant liquidity absorbing operation;

(b) 

ensure adequate collateralisation of the operation until its maturity;

(c) 

when applicable as regards point (b), provide adequate collateralisation by way of corresponding margin calls by means of sufficient eligible assets or cash.

3.  
The failure to meet the requirements referred to in paragraphs 1 and 2 shall be sanctioned, as applicable, under Articles 154 to 157.

Article 16

Obligations for settlement for outright purchases and sales, the collection of fixed-term deposits and the issuance of ECB debt certificates

1.  
In open market operations executed by means of outright purchases and sales, collection of fixed term deposits and issuance of ECB debt certificates, counterparties shall transfer a sufficient amount of eligible assets or cash to settle the amount agreed in the transaction.
2.  
The failure to meet the requirement as referred to in paragraph 1 shall be sanctioned, as applicable, under Articles 154 to 157.

TITLE II

STANDING FACILITIES

Article 17

Standing facilities

1.  
The NCBs shall grant access to the standing facilities offered by the Eurosystem at their counterparties' initiative.
2.  

Standing facilities shall consist of the following categories:

(a) 

the marginal lending facility;

(b) 

the deposit facility.

3.  
The terms and conditions of the standing facilities shall be identical in all Member States whose currency is the euro.
4.  
The NCBs shall only grant access to the standing facilities in accordance with the ECB's objectives and general monetary policy considerations.
5.  
The ECB may adapt the conditions of the standing facilities or suspend them at any time.

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6.  
The ECB's Governing Council shall decide on the interest rates for the standing facilities on a regular basis. The revised interest rates shall become effective from the beginning of the new reserve maintenance period, as defined in Article 8 of Regulation (EU) 2021/378 (ECB/2021/1). The ECB publishes a calendar of the reserve maintenance periods at least three months before the start of each calendar year.

▼B

7.  
Notwithstanding paragraph 6, the ECB's Governing Council may change the interest rate for the standing facilities at any point in time. Such decision shall become effective at the earliest from the following Eurosystem business day.

CHAPTER 1

Marginal lending facility

Article 18

Characteristics of the marginal lending facility

1.  
Counterparties may use the marginal lending facility to obtain overnight liquidity from the Eurosystem through a reverse transaction with their home NCB at a pre-specified interest rate using eligible assets as collateral.
2.  
The NCBs shall provide liquidity under the marginal lending facility by means of repurchase agreements or collateralised loans under the NCBs' applicable contractual or regulatory arrangements.
3.  
There shall be no limit on the amount of liquidity that may be provided under the marginal lending facility, subject to the requirement to provide adequate collateral under paragraph 4.
4.  
Counterparties are required to present sufficient eligible assets as collateral prior to using the marginal lending facility. These assets should be either pre-deposited with the relevant NCB or delivered with the request for access to the marginal lending facility.

Article 19

Access conditions for the marginal lending facility

1.  
Institutions fulfilling the eligibility criteria under Article 55 and which have access to an account with the NCB where the transaction can be settled, notably in ►M13  TARGET ◄ , may access the marginal lending facility.

▼M11

2.  
Access to the marginal lending facility shall be granted only on ►M13  TARGET ◄ business days with the exclusion of the days on which ►M13  TARGET ◄ is not available at the end of the day due to a ‘prolonged ►M13  TARGET ◄ disruption over several business days’ as referred to in Article 187a. On days when the SSSs are not operational, access to the marginal lending facility shall be granted on the basis of eligible assets which have already been pre-deposited with the NCBs.

▼B

3.  
If an NCB or any of its branches are not open for the purpose of conducting monetary policy operations on certain Eurosystem business days due to national or regional bank holidays, the home NCB shall inform its counterparties in advance of the arrangements to be made for access to the marginal lending facility on that bank holiday.
4.  
Access to the marginal lending facility can be granted either based on a specific request of the counterparty or automatically, as specified in paragraph 5 and 6 respectively.

▼M13

5.  
Counterparties may access the marginal lending facility after making a request to their home NCB at the latest by 18:15 Central European Time (CET) ( 15 ), the cut-off time for the use of standing facilities, pursuant to Appendix V to Annex I to Guideline (EU) 2022/912 (ECB/2022/8). On the last Eurosystem business day of a minimum reserve maintenance period, the deadline for requesting access to the marginal lending facility shall occur 15 minutes later. Under exceptional circumstances, the Eurosystem may decide to apply later deadlines. The request for access to the marginal lending facility shall specify the amount of credit required. The counterparty shall deliver sufficient eligible assets as collateral for the transaction, unless such assets have already been pre-deposited by the counterparty with the home NCB pursuant to Article 18(4).

▼M11

6.  
►M13  If at the end of a business day, the total balance on a counterparty’s TARGET accounts with its home NCB after finalisation of the end-of-day control procedures is negative, this negative balance shall automatically be considered as a request for recourse (‘automatic request’) to the marginal lending facility. ◄ In order to meet the requirement in Article 18(4), counterparties shall have pre-deposited sufficient eligible assets as collateral for the transaction with the home NCB prior to such an automatic request arising. Failure to comply with this access condition shall be subject to sanctions in accordance with Articles 154 to 157. If an automatic request in the case of a counterparty whose access to Eurosystem monetary policy operations has been limited pursuant to Article 158 results in that counterparty exceeding the defined limit, sanctions in accordance with Articles 154 to 157 shall be applicable in respect of the amount by which the limit is exceeded.

▼B

Article 20

Maturity and interest rate of the marginal lending facility

▼M13

1.  
The maturity of credit extended under the marginal lending facility shall be overnight. The credit shall be repaid on the next day on which: (a) TARGET; and (b) the relevant SSSs are operational, at the time at which those systems open.

▼B

2.  
The interest rate remunerating the marginal lending facility shall be announced in advance by the Eurosystem and shall be calculated as a simple interest rate based on the actual/360 day-count convention. The interest rate applied to the marginal lending facility is referred to as the marginal lending facility rate.
3.  
Interest under the marginal lending facility shall be payable together with repayment of the credit.

CHAPTER 2

Deposit facility

Article 21

Characteristics of the deposit facility

1.  
Counterparties may use the deposit facility to make overnight deposits with the Eurosystem through the home NCB, to which a pre-specified interest rate shall be applied.
2.  
The interest rate applied to the deposit facility may be: (a) positive; (b) set at zero per cent; (c) negative.
3.  
The NCBs shall not give any collateral in exchange for the deposits.
4.  
There shall be no limit on the amount a counterparty may deposit under the deposit facility.

Article 22

Access conditions to the deposit facility

▼M11

1.  
Institutions fulfilling the eligibility criteria under Article 55 and which have access to an account with the NCB where the transaction can be settled, notably in ►M13  TARGET ◄ , may access the deposit facility. Access to the deposit facility shall be granted only on ►M13  TARGET ◄ business days with the exclusion of the days on which ►M13  TARGET ◄ is not available at the end of the day due to a prolonged ►M13  TARGET ◄ disruption over several business days as referred to in Article 187a.

▼M13

2.  
Counterparties may access the deposit facility after making a request to their home NCB at the latest by 18:15 Central European Time (CET) ( 16 ), the cut-off time for the use of standing facilities, pursuant to Appendix V to Annex I to Guideline (EU) 2022/912 (ECB/2022/8). On the last Eurosystem business day of a minimum reserve maintenance period, the deadline for requesting access to the deposit facility shall occur 15 minutes later. Under exceptional circumstances, the Eurosystem may decide to apply later deadlines. The request for access to the deposit facility shall specify the amount to be deposited.

▼M13 —————

▼B

Article 23

Maturity and interest rate of the deposit facility

▼M13

1.  
The maturity of deposits under the deposit facility shall be overnight. Deposits held under the deposit facility shall mature on the next day on which TARGET is operational, at the time at which this system opens.

▼B

2.  
The interest rate that applies to the deposit shall be announced in advance by the Eurosystem and shall be calculated as a simple interest rate based on the actual/360 day-count convention.
3.  
Interest on the deposits shall be payable on maturity of the deposit. In cases of negative interest rates, the application of the interest rate to the deposit facility shall entail a payment obligation of the deposit holder to the home NCB, including the right of that NCB to debit the account of the counterparty accordingly.

TITLE III

PROCEDURES FOR EUROSYSTEM MONETARY POLICY OPERATIONS

CHAPTER 1

▼M11

Tender procedures for Eurosystem open market operations

Article 24

Types of procedures for open market operations

Open market operations shall be executed through tender procedures.

▼B

Section 1

Tender Procedures

Article 25

Overview of tender procedures

1.  

Tender procedures shall be performed in six operational steps, as specified in Table 4.

▼M4



Table 4

Operational steps for tender procedures

Step 1

Tender announcement

(a)  ECB public announcement

(b)  NCBs' public announcement and direct announcement to individual counterparties (if deemed necessary)

Step 2

Counterparties' preparation and submission of bids

Step 3

Compilation of bids by the Eurosystem

Step 4

Tender allotment and announcement of tender results

(a)  ECB tender allotment decision

(b)  ECB public announcement of the allotment results

Step 5

Certification of individual allotment results

Step 6

Settlement of the transactions

▼B

2.  

Tender procedures shall be conducted in the form of standard tender procedures or quick tender procedures. ►M13  The operational features of standard and quick tender procedures are identical, except for the time frame and the range of counterparties. ◄

▼M13 —————

▼M13



Table 5a

Indicative time frame for standard and quick tender procedures (times are stated in Central European Time (*1))

 

Standard tender procedures

Quick tender procedures

 

MRO

Regular LTRO

Tender announcement

T-1

15:40

T-1

15:55

T

hh:mm

Deadline for counterparties’ submission of bids

T

09:30

T

10:00

+

00:30

Announcement of tender results

T

11:30

T

12:00

+

01:35

Settlement of transactions

T+1

T+1

T

(*1)   

Central European Time (CET) takes account of the change to Central European Summer Time.


T stands for ‘trade day’.

▼M13 —————

▼B

3.  
The Eurosystem may conduct either fixed-rate or variable rate tender procedures.

Article 26

Standard tender procedures

1.  
The Eurosystem shall use standard tender procedures for the execution of: (a) MROs; (b) LTROs; (c) specific structural operations, i.e. structural reverse operations and the issuance of ECB debt certificates.
2.  
The Eurosystem may also use standard tender procedures to conduct fine-tuning operations and structural operations executed by means of outright transactions in the light of specific monetary policy considerations or in order to react to market conditions.
3.  
For standard tender procedures, as a rule: (a) a maximum of 24 hours shall elapse from the announcement of the tender procedure to the certification of the allotment result; and (b) the time between the submission deadline and the announcement of the allotment result is approximately two hours.
4.  
The ECB may decide to adjust the time frame in individual operations, if deemed appropriate.

Article 27

Quick tender procedures

1.  
The Eurosystem normally uses quick tender procedures for the execution of fine-tuning operations, but may also use quick tender procedures for structural operations executed by means of outright transactions in the light of specific monetary policy considerations or in order to react to market conditions.
2.  
Quick tender procedures are executed within 105 minutes of the announcement of the tender procedure, with certification taking place immediately after the public announcement of the allotment result.
3.  
The ECB may decide to adjust the time frame in individual operations, if deemed appropriate.
4.  
The Eurosystem may select, according to the criteria and procedures specified in Article 57, a limited number of counterparties to participate in quick tender procedures.

Article 28

Execution of standard tender procedures for MROs and regular LTROs, based on the tender calendar

1.  
The tender procedures for MROs and regular LTROs shall be executed in accordance with the indicative calendar for the Eurosystem's regular tender operations.
2.  
The indicative calendar for the Eurosystem's regular tender operations is published on the website of the ECB and NCBs at least three months before the start of the calendar year for which it is valid.
3.  

The indicative trade days for MROs and regular LTROs are specified in Table 7.

▼M13



Table 7

Normal trade days for MROs and regular LTROs

Category of open market operations

Normal trade day (T)

MROs

Each Tuesday (*1)

Regular LTROs

The last Tuesday of each calendar month (*2)

(*1)   

Special scheduling can take place due to holidays.

(*2)   

Due to the holiday period, the December operation is normally brought forward by one week, i.e. to the preceding Tuesday of the month.

▼B

Article 29

Execution of tender procedures for fine-tuning and structural operations without a tender operation calendar

1.  
Fine-tuning operations are not executed according to any pre-specified calendar. The ECB may decide to conduct fine-tuning operations on any Eurosystem business day. Only NCBs in relation to which the trade day, the settlement day and the reimbursement day are NCB business days participate in such operations.
2.  
Structural operations executed by means of standard tender procedures are not performed according to any pre-specified calendar. They are normally conducted and settled on days which are NCB business days in all Member States whose currency is the euro.

Section 2

Operational steps for tender procedures

Subsection 1

Announcement of tender procedures

Article 30

Announcement of standard and quick tender procedures

▼M4

1.  
Standard tender procedures shall be publicly announced by the ECB in advance. In addition, the NCBs may announce standard tender procedures publicly and directly to counterparties, if deemed necessary.
2.  
Quick tender procedures may be publicly announced by the ECB in advance. In quick tender procedures that are publicly announced in advance, the NCB may contact the selected counterparties directly if deemed necessary. In quick tender procedures that are not announced publicly in advance, the selected counterparties shall be contacted directly by the NCBs.

▼B

3.  
The tender announcement represents an invitation to counterparties to submit bids, which are legally binding. The announcement does not represent an offer by the ECB or the NCBs.
4.  
The information to be included in the public announcement of a tender procedure is laid down in Annex II.
5.  
The ECB may take any action it deems appropriate to correct any error in the announcement of tender procedures, including cancelling or interrupting a tender procedure under execution.

Subsection 2

Preparation and submission of bids by counterparties

Article 31

Form and place of submission of bids

1.  
The bids must be submitted to a counterparty's home NCB. The bids of an institution may only be submitted to the home NCB by one establishment in each Member State whose currency is the euro where the institution is established, i.e. either by the head office or by a designated branch.
2.  
Counterparties shall submit bids in a format that follows the templates provided by the NCB for the relevant operation.

Article 32

Submission of bids

1.  
In fixed-rate tender procedures, counterparties shall state in their bids the amount that they are willing to transact with the NCBs.
2.  
In fixed-rate foreign exchange swap tender procedures, the counterparties shall state the amount of currency kept fixed that they intend to sell and buy back, or buy and sell back, at that rate.
3.  
In variable rate tender procedures, counterparties may submit bids for up to 10 different interest rates, prices or swap points. Under exceptional circumstances, the Eurosystem may impose a limit on the number of bids that may be submitted by each counterparty. In each bid, counterparties shall state the amount that they are willing to transact and the relevant interest rate or price or swap point. A bid for an interest rate or swap point shall be expressed as multiples of 0,01 percentage points. A bid for a price shall be expressed as multiples of 0,001 percentage points.
4.  
For variable rate foreign exchange swap tender procedures, the counterparties shall state the amount of the currency to be kept fixed and the swap point quotation at which they intend to enter into the operation.
5.  
For variable rate foreign exchange swap tender procedures, the swap points shall be quoted in accordance with standard market conventions and bids shall be expressed as multiples of 0,01 swap points.
6.  
With regard to the issuance of ECB debt certificates, the ECB may decide that bids shall be expressed in the form of a price rather than an interest rate. In such cases, prices shall be quoted as a percentage of the nominal amount, with three decimal places.

Article 33

Minimum and maximum bid amounts

1.  
For MROs, the minimum bid amount shall be EUR 1 000 000 . Bids exceeding this amount shall be expressed as multiples of EUR 100 000 . The minimum bid amount shall apply to each individual interest rate level.
2.  
For LTROs, each NCB shall set a minimum bid amount in the range from EUR 10 000 to EUR 1 000 000 . Bids exceeding the minimum bid amount shall be expressed as multiples of EUR 10 000 . The minimum bid amount shall be applied to each individual interest rate level.
3.  
For fine-tuning and structural operations, the minimum bid amount shall be EUR 1 000 000 . Bids exceeding this amount shall be expressed as multiples of EUR 100 000 . The minimum bid amount shall apply to each individual interest rate, price or swap point, depending on the specific type of transaction.
4.  
The ECB may impose a maximum bid amount, which is the largest acceptable bid from an individual counterparty, to prevent disproportionately large bids. If imposed, the ECB shall include details of such a maximum bid amount in the public tender announcement.

Article 34

Minimum and maximum bid rate

1.  
In liquidity-providing variable rate tender procedures, the ECB may impose a minimum bid rate, which is a lower limit to the interest rate at which counterparties may submit bids.
2.  
In liquidity-absorbing variable rate tender procedures, the ECB may impose a maximum bid rate, which is an upper limit to the interest rate at which counterparties may submit bids.

Article 35

Deadline for submission of bids

1.  
Counterparties may revoke their bids at any time up to the deadline for the submission of bids.
2.  
Bids submitted after the deadline shall not be considered and shall be treated as ineligible.
3.  
The home NCB shall determine if a counterparty has complied with the deadline for the submission of bids.

Article 36

Rejection of bids

1.  

An NCB shall reject:

(a) 

all of a counterparty's bids, if the aggregate amount bid exceeds any maximum bid limit established by the ECB;

(b) 

any bid of a counterparty, if the bid is below the minimum bid amount;

(c) 

any bid of a counterparty, if the bid is below the minimum accepted interest rate, price, or swap point or above the maximum accepted interest rate, price or swap point.

2.  
An NCB may reject bids that are incomplete or do not follow the appropriate template.
3.  
If the home NCB decides to reject a bid, it shall inform the counterparty of such decision prior to the tender allotment.

Subsection 3

Tender allotment

Article 37

Allotment in liquidity-providing and liquidity-absorbing fixed-rate tender procedures

1.  

In a fixed-rate tender procedure, the bids of counterparties shall be allotted in the following manner:

(a) 

The bids shall be added together.

(b) 

If the aggregate amount bid exceeds the total amount of liquidity to be allotted, the submitted bids shall be satisfied pro rata, based on the ratio of the amount to be allotted to the aggregate amount bid, in accordance with Table 1 of Annex III.

(c) 

The amount allotted to each counterparty shall be rounded to the nearest euro.

2.  

The ECB may decide to allot:

(a) 

a minimum allotment amount, which is a lower limit on the amount that may be allotted to each bidder; or

(b) 

a minimum allotment ratio, which is a lower limit, expressed in percentage terms, on the ratio of bids at the marginal interest rate that may be allotted to each bidder.

Article 38

Allotment in liquidity-providing variable rate tender procedures in euro

1.  

In a liquidity-providing variable rate tender procedure in euro, the bids of counterparties shall be allotted in the following manner:

(a) 

Bids shall be listed in descending order of offered interest rates or ascending order of offered prices.

(b) 

Bids with the highest interest rate (lowest price) levels shall be satisfied first and subsequently bids with successively lower interest rates (higher price) shall be accepted, until the total liquidity to be allotted is exhausted.

(c) 

If at the marginal interest rate (highest accepted price), the aggregate amount bid exceeds the remaining amount to be allotted, the remaining amount shall be allocated pro rata among the bids based on the ratio of the remaining amount to be allotted to the total amount bid at the marginal interest rate (highest accepted price), in accordance with Table 2 of Annex III.

(d) 

The amount allotted to each counterparty shall be rounded to the nearest euro.

2.  
The ECB may decide to allot a minimum allotment amount to each successful bidder.

Article 39

Allotment in liquidity-absorbing variable rate tender procedures in euro

1.  

In a liquidity-absorbing variable rate tender procedure in euro, used for the issuance of ECB debt certificates and the collection of fixed term deposits, the bids of counterparties shall be allotted in the following manner:

(a) 

Bids shall be listed in ascending order of offered interest rates or descending order of offered prices.

(b) 

Bids with the lowest interest rate (highest price) levels shall be satisfied first and subsequently bids with successively higher interest rates (lower price bids) shall be accepted until the total liquidity to be absorbed is exhausted.

(c) 

If at the marginal interest rate (lowest accepted price), the aggregate bid amount exceeds the remaining amount to be allotted, the remaining amount shall be allocated pro rata among the bids, based on the ratio of the remaining amount to be allotted to the total bid amount at the marginal interest rate (lowest accepted price), in accordance with Table 2 of Annex III.

(d) 

The amount allotted to each counterparty shall be rounded to the nearest euro. With regard to the issuance of ECB debt certificates, the allotted nominal amount shall be rounded to the nearest multiple of EUR 100 000 .

2.  
The ECB may decide to allot a minimum allotment amount to each successful bidder.

Article 40

Allotment in liquidity-providing variable rate foreign exchange swap tender procedures

1.  

In a liquidity-providing variable rate foreign exchange swap tender procedure, the bids of counterparties shall be allotted in the following manner:

(a) 

Bids shall be listed in ascending order of swap point quotations by taking into account the sign of the quotation.

(b) 

The sign of quotation depends on the sign of the interest rate differential between the foreign currency and the euro. For the maturity of the swap:

(i) 

if the foreign currency interest rate is higher than the corresponding interest rate for the euro, the swap point quotation is positive, i.e. the euro is quoted at a premium to the foreign currency; and

(ii) 

if the foreign currency interest rate is lower than the corresponding interest rate for the euro, the swap point quotation is negative, i.e. the euro is quoted at a discount to the foreign currency.

(c) 

The bids with the lowest swap point quotations shall be satisfied first and subsequently successively higher swap point quotations shall be accepted until the total amount of the fixed currency to be allotted is exhausted.

(d) 

If, at the highest swap point quotation accepted, i.e. the marginal swap point quotation, the aggregate amount bid exceeds the remaining amount to be allotted, the remaining amount shall be allocated pro rata among the bids, based on the ratio of the remaining amount to be allotted to the total amount bid at the marginal swap point quotation, in accordance with Table 3 of Annex III.

(e) 

The amount allotted to each counterparty shall be rounded to the nearest euro.

2.  
The ECB may decide to allot a minimum allotment amount to each successful bidder.

Article 41

Allotment in liquidity-absorbing variable rate foreign exchange swap tender procedures

1.  

In a liquidity-absorbing variable rate foreign exchange swap tender procedure, the bids of counterparties shall be allotted in the following manner:

(a) 

Bids shall be listed in descending order of offered swap point quotations by taking into account the sign of the quotation.

(b) 

The sign of the quotation depends on the sign of the interest rate differential between the foreign currency and the euro. For the maturity of the swap:

(i) 

if the foreign currency interest rate is higher than the corresponding interest rate for the euro, the swap point quotation is positive, i.e. the euro is quoted at a premium to the foreign currency; and

(ii) 

if the foreign currency interest rate is lower than the corresponding interest rate for the euro, the swap point quotation is negative, i.e. the euro is quoted at a discount to the foreign currency.

(c) 

Bids with the highest swap point quotations shall be satisfied first and subsequently successively lower swap point quotations shall be accepted until:

(i) 

the total amount of the fixed currency to be absorbed is exhausted; and

(ii) 

at the lowest swap point quotation accepted, i.e. the marginal swap point quotation, the aggregate amount bid exceeds the remaining amount to be allotted.

(d) 

The remaining amount shall be allocated pro rata among the bids, based on the ratio of the remaining amount to be allotted to the total amount bid at the marginal swap point quotation, in accordance with Table 3 of Annex III. The amount allotted to each counterparty shall be rounded to the nearest euro.

2.  
The ECB may decide to allot a minimum allotment amount to each successful bidder.

Article 42

Type of auction for variable rate tender procedures

For variable rate tender procedures, the Eurosystem may apply either a single rate auction (Dutch auction) or multiple rate auction (American auction).

Subsection 4

Announcement of tender results

Article 43

Announcement of tender results

▼M4

1.  
The ECB shall publicly announce its tender allotment decision with respect to the tender results. In addition, the NCBs may announce the ECB's tender allotment decision publicly and directly to counterparties if they deem it necessary.

▼B

2.  
The information to be included in the public announcement with respect to the tender results is laid down in Annex IV.
3.  
If the allotment decision contains erroneous information with respect to any of the information contained in the public tender result announcement referred to in paragraph 1, the ECB may take any action it deems appropriate to correct such erroneous information.
4.  
After the public announcement of the ECB's tender allotment decision on the tender results as referred to in paragraph 1, the NCBs shall directly certify the individual allotment results to counterparties, whereby each counterparty shall receive an individual and certain confirmation of its success in the tender procedure and the exact amount allotted to it.

▼M11 —————

▼B

CHAPTER 2

Settlement procedures for Eurosystem monetary policy operations

Article 49

Overview of settlement procedures

▼M13

1.  
Payment orders relating to the participation in open market operations or use of the standing facilities shall be settled on the counterparties’ accounts with an NCB or on the accounts of another credit institution participating in TARGET.

▼B

2.  

Payment orders relating to the participation in open market liquidity-providing operations or use of the marginal lending facility shall only be settled at the moment of or after the final transfer of the eligible assets as collateral to the operation. For this purpose, counterparties shall:

(a) 

pre-deposit the eligible assets at an NCB; or

(b) 

settle the eligible assets with an NCB on a delivery-versus-payment basis.

Article 50

Settlement of open market operations

1.  
The Eurosystem shall endeavour to settle transactions related to its open market operations at the same time in all Member States whose currency is the euro with all counterparties that have provided sufficient eligible assets as collateral. However, owing to operational constraints and technical features (e.g. of SSSs), the timing within the day of the settlement of open market operations may differ across the Member States whose currency is the euro.
2.  

The indicative settlement dates are summarised in Table 8.



Table 8

Indicative settlement dates for Eurosystem open market operations (*1)

Monetary policy instrument

Settlement date for open market operations based on standard tender procedures

►M11  Settlement date for open market operations based on quick tender procedures ◄

Reverse transactions

T + 1

T

Outright transactions

According to market convention for the eligible assets

Issuance of ECB debt certificates

T + 2

Foreign exchange swaps

T, T + 1 or T + 2

Collection of fixed-term deposits

T

(*1)   

The settlement date refers to Eurosystem business days. T refers to the trade day.

Article 51

Settlement of open market operations executed by means of standard tender procedures

1.  
The Eurosystem shall endeavour to settle open market operations executed by means of standard tender procedures, on the first day following the trade day on which ►M13  TARGET ◄ and all relevant SSSs are open.
2.  
The settlement dates for MROs and regular LTROs are specified in advance in the indicative calendar for the Eurosystem's regular tender operations. If the normal settlement date coincides with a bank holiday, the ECB may decide to apply a different settlement date, with the option of same-day settlement. The Eurosystem shall endeavour to ensure that the time of settlement of MROs and regular LTROs coincides with the time of reimbursement of a previous operation of corresponding maturity.
3.  
The issuance of ECB debt certificates shall be settled on the second day following the trade day on which ►M13  TARGET ◄ and all relevant SSSs are open.

▼M11

Article 52

Settlement of open market operations conducted by means of quick tender procedures or bilateral procedures

1.  
The Eurosystem shall endeavour to settle open market operations executed by means of quick tender procedures on the trade day. Other settlement dates may be applied, in particular for outright transactions and foreign exchange swaps.
2.  
Fine-tuning operations and structural operations conducted by means of outright transactions and executed by means of bilateral procedures shall be settled in a decentralised manner through the NCBs.

▼B

Article 53

Further provisions relating to settlement and end-of-day procedures

1.  
Without prejudice to the requirements laid down in this Chapter, additional provisions relating to settlement may be laid down in the contractual or regulatory arrangements applied by the NCBs, or the ECB, for the specific monetary policy instrument.
2.  
The end-of-day procedures are specified in the documentation relating to the ►M13  TARGET ◄ framework.

Article 54

Reserve holdings and excess reserves

▼M11

1.  
Pursuant to Article 3(1)(b) and (c) of Regulation (EU) 2021/378 (ECB/2021/1), a counterparty's settlement accounts with an NCB may be used as reserve accounts. Reserve holdings on settlement accounts may be used for intraday settlement purposes. The daily reserve holdings of a counterparty shall be calculated as the sum of the end-of-day balances on its reserve accounts. For the purposes of this Article, ‘reserve accounts’ shall have the same meaning as that in Regulation (EU) 2021/378 (ECB/2021/1).
2.  
Reserve holdings that comply with minimum reserve requirements pursuant to Regulation (EC) No 2531/98 and Regulation (EU) 2021/378 (ECB/2021/1) shall be remunerated in accordance with Regulation (EU) 2021/378 (ECB/2021/1).

▼M9

3.  

Reserve holdings that exceed the minimum reserves referred to in paragraph 2 shall be remunerated in accordance with Decision (EU) 2019/1743 of the European Central Bank (ECB/2019/31) ( 17 ).

▼B

PART THREE

ELIGIBLE COUNTERPARTIES

▼M6

Article 55

Eligibility criteria for participation in Eurosystem monetary policy operations

With regard to Eurosystem monetary policy operations, subject to Article 57, the Eurosystem shall only allow participation by institutions that fulfil the following criteria:

▼M11

(a) 

they shall be subject to the Eurosystem's minimum reserve system pursuant to Article 19.1 of the Statute of the ESCB and shall not have been granted an exemption from their obligations under the Eurosystem's minimum reserve system pursuant to Regulation (EC) No 2531/98 and Regulation (EU) 2021/378 (ECB/2021/1);

▼M6

(b) 

they shall be one of the following:

(i) 

subject to at least one form of harmonised Union/EEA supervision by competent authorities in accordance with Directive 2013/36/EU and Regulation (EU) No 575/2013;

(ii) 

publicly owned credit institutions, within the meaning of Article 123(2) of the Treaty, subject to supervision of a standard comparable to supervision by competent authorities under Directive 2013/36/EU and Regulation (EU) No 575/2013;

(iii) 

institutions subject to non-harmonised supervision by competent authorities of a standard comparable to harmonised Union/EEA supervision by competent authorities under Directive 2013/36/EU and Regulation (EU) No 575/2013, e.g. branches established in Member States whose currency is the euro of institutions incorporated outside the EEA. For the purpose of assessing an institution's eligibility to participate in Eurosystem monetary policy operations, as a rule, non-harmonised supervision shall be considered to be of a standard comparable to harmonised Union/EEA supervision by competent authorities under Directive 2013/36/EU and Regulation (EU) No 575/2013, if the relevant Basel III standards adopted by the Basel Committee on Banking Supervision are considered to have been implemented in the supervisory regime of a given jurisdiction;

(c) 

they must be financially sound within the meaning of Article 55a;

(d) 

they shall fulfil all operational requirements specified in the contractual or regulatory arrangements applied by the home NCB or ECB with respect to the specific instrument or operation.

▼M2

Article 55a

Assessment of the financial soundness of institutions

1.  

In its assessment of the financial soundness of individual institutions for the purposes of this Article, the Eurosystem may take into account the following prudential information:

(a) 

quarterly information on capital, leverage and liquidity ratios reported under Regulation (EU) No 575/2013 on an individual and consolidated basis, in accordance with the supervisory requirements; or

(b) 

where applicable, prudential information of a standard comparable to information under point (a).

2.  
If such prudential information is not made available to an institution's home NCB and the ECB by the institution's supervisor, either the home NCB or the ECB may require the institution to make such information available. When such information is provided directly by an institution, the institution shall also submit an assessment of the information carried out by the relevant supervisor. An additional certification from an external auditor may also be required.

▼M4

3.  
In the case of branches, the information reported under paragraph 1 shall relate to the institution to which the branch belongs.

▼M2

4.  
As regards the assessment of the financial soundness of institutions that have been subject to in-kind recapitalisation with public debt instruments, the Eurosystem may take into account the methods used for and the role played by such in-kind recapitalisations, including the type and liquidity of such instruments and the market access of the issuer of such instruments, in ensuring the fulfilment of the capital ratios reported under Regulation (EU) No 575/2013.

▼M11

5.  
A wind-down entity shall not be eligible to access Eurosystem monetary policy operations.

▼B

Article 56

Access to open market operations executed by means of standard tender procedures and to standing facilities

1.  

Institutions fulfilling the eligibility criteria under Article 55 shall have access to any of the following Eurosystem monetary policy operations:

(a) 

standing facilities;

(b) 

open market operations executed by means of standard tender procedures.

2.  
Access to the standing facilities or open market operations executed by means of standard tender procedures shall only be granted to institutions fulfilling the eligibility criteria under Article 55 through their home NCB.
3.  
Where an institution fulfilling the eligibility criteria under Article 55 has establishments, e.g. head office or branches, in more than one Member State whose currency is the euro, each establishment fulfilling the eligibility criteria under Article 55 may access the standing facilities or the open market operations executed by means of standard tender procedures through its home NCB.
4.  
Bids for open market operations executed by means of standard tender procedures and for recourse to the standing facilities shall be submitted by only one establishment in each Member State whose currency is the euro, i.e. either by the head office or by a designated branch.

Article 57

▼M11

Selection of counterparties for access to open market operations executed by means of quick tender procedures

1.  
For open market operations executed by means of quick tender procedures, counterparties shall be selected in accordance with paragraphs 2 and 3.
2.  
For structural operations conducted by means of outright transactions that are executed by means of quick tender procedures, the eligibility criteria laid down in paragraph 3(b) shall apply.
3.  

For fine-tuning operations that are executed by means of quick tender procedures, counterparties shall be selected as follows:

(a) 

For fine-tuning operations that are conducted by means of foreign exchange swaps for monetary policy purposes and executed by means of quick tender procedures, the range of counterparties shall be identical to the range of entities that are selected for Eurosystem foreign exchange intervention operations and are established in the Member States whose currency is the euro. Counterparties for foreign exchange swaps for monetary policy purposes by means of quick tender procedures do not need to fulfil the criteria laid down in Article 55. The selection criteria for counterparties participating in Eurosystem foreign exchange intervention operations are based on the principles of prudence and efficiency, as laid down in Annex V. The NCBs may apply limit-based systems in order to control credit exposures vis-à-vis individual counterparties participating in foreign exchange swaps for monetary policy purposes.

(b) 

For fine-tuning operations conducted by means of reverse transactions or through the collection of fixed-term deposits and executed by means of quick tender procedures, each NCB shall select, for a specific transaction, a set of counterparties from among the institutions that fulfil the eligibility criteria laid down in Article 55 and are established in its Member State whose currency is the euro. The selection shall be primarily based on the relevant institution's activity in the money market. Additional selection criteria may be applied by the NCB, such as the efficiency of the trading desk and the bidding potential.

▼M11 —————

▼M11

5.  
Without prejudice to paragraphs 1 to 3, open market operations executed by means of quick tender procedures may also be conducted with a broader range of counterparties than those indicated in paragraphs 2 to 3, if the ECB's Governing Council so decides.

▼B

PART FOUR

ELIGIBLE ASSETS

TITLE I

GENERAL PRINCIPLES

Article 58

Eligible assets and accepted collateralisation techniques to be used for Eurosystem credit operations

1.  
The Eurosystem shall apply a single framework for eligible assets common to all Eurosystem credit operations as laid down in this Guideline.

▼M13

2.  
In order to participate in Eurosystem credit operations, counterparties shall provide the Eurosystem with assets that are eligible as collateral for such operations. Given that Eurosystem credit operations include intraday credit, collateral provided by counterparties in respect of intraday credit shall also comply with the eligibility criteria laid down in this Guideline, as outlined in Guideline (EU) 2022/912 (ECB/2022/8).

▼B

3.  

Counterparties shall provide eligible assets by:

(a) 

the transfer of ownership, which takes the legal form of a repurchase agreement; or

(b) 

the creation of a security interest, i.e. a pledge, assignment or a charge granted over the relevant assets, which takes the legal form of a collateralised loan,

in either case pursuant to the national contractual or regulatory arrangements established and documented by the home NCB.

4.  
Where counterparties provide eligible assets as collateral, the home NCB may require either earmarking or pooling of eligible assets, depending on which type of collateral management system it uses.
5.  
No distinction shall be made between marketable and non-marketable assets with regard to the quality of the assets and their eligibility for the various types of Eurosystem credit operations.
6.  
Without prejudice to the obligation in paragraph 2 that counterparties provide the Eurosystem with assets that are eligible as collateral, the Eurosystem may, upon request, provide counterparties with advice regarding the eligibility of marketable assets if they have already been issued or regarding the eligibility of non-marketable assets when they have already been requested for submission. The Eurosystem shall not provide any advice in advance of these events.

Article 59

General aspects of the Eurosystem credit assessment framework for eligible assets

1.  
As one of the criteria for eligibility, assets shall meet the high credit standards specified in the Eurosystem credit assessment framework (ECAF).
2.  
The ECAF shall lay down the procedures, rules and techniques to ensure that the Eurosystem's requirement for high credit standards for eligible assets is maintained and that eligible assets comply with the credit quality requirements defined by the Eurosystem.
3.  

For the purposes of the ECAF, the Eurosystem shall define credit quality requirements in the form of credit quality steps by establishing threshold values for the probability of default (PD) over a one-year horizon, as follows.

(a) 

The Eurosystem considers, subject to regular review, a maximum probability of default over a one-year horizon of 0,10 % as equivalent to the credit quality requirement of credit quality step 2 and a maximum probability of default over a one-year horizon of 0,40 % as equivalent to the credit quality requirement of credit quality step 3.

(b) 

All eligible assets for Eurosystem credit operations shall comply, as a minimum, with a credit quality requirement corresponding to credit quality step 3. Additional credit quality requirements for specific assets shall be applied by the Eurosystem in accordance with Titles II and III of Part Four.

▼M7

4.  
The Eurosystem shall publish information on credit quality steps on the ECB's website in the form of the Eurosystem's harmonised rating scale, including the mapping of credit assessments, provided by the accepted external credit assessment institutions (ECAIs), to credit quality steps.
5.  
In the assessment of the credit quality requirements, the Eurosystem takes into account credit assessment information from credit assessment systems belonging to one of the three sources in accordance with Title V of Part Four.

▼B

6.  
As part of its assessment of the credit standard of a specific asset, the Eurosystem may take into account institutional criteria and features ensuring similar protection for the asset holder, such as guarantees. The Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils the Eurosystem's credit quality requirements on the basis of any information that the Eurosystem may consider relevant for ensuring adequate risk protection of the Eurosystem.
7.  
The ECAF follows the definition of ‘default’ laid down in Directive 2013/36/EU and Regulation (EU) No 575/2013.

TITLE II

ELIGIBILITY CRITERIA AND CREDIT QUALITY REQUIREMENTS FOR MARKETABLE ASSETS

CHAPTER 1

Eligibility criteria for marketable assets

Article 60

Eligibility criteria relating to all types of marketable assets

In order to be eligible as collateral for Eurosystem credit operations, marketable assets shall be debt instruments fulfilling the eligibility criteria laid down in Section 1, except in the case of certain specific types of marketable assets, as laid down in Section 2.

Article 61

List of eligible marketable assets and reporting rules

▼M6

1.  
The ECB shall publish an updated list of eligible marketable assets on its website, in accordance with the methodologies indicated on its website and shall update it every day on which ►M13  TARGET ◄ is operational. Marketable assets included on the list of eligible marketable assets become eligible for use in Eurosystem credit operations upon their publication on the list. As an exception to this rule, in the specific case of debt instruments with same-day value settlement, the Eurosystem may grant eligibility from the date of issue. Assets assessed in accordance with Article 87(3) shall not be published on this list of eligible marketable assets. ►M9  Such assets shall only be eligible until the date on which the Eurosystem Collateral Management System starts to operate (‘go-live date’). ◄

▼B

2.  
As a rule, the NCB reporting a specific marketable asset to the ECB is the NCB of the country in which the marketable asset is admitted to trading.

Section 1

General eligibility criteria for marketable assets

Article 62

Principal amount of marketable assets

1.  

In order to be eligible, until their final redemption, debt instruments shall have:

(a) 

a fixed and unconditional principal amount; or

(b) 

an unconditional principal amount that is linked, on a flat basis, to only one euro area inflation index at a single point in time, containing no other complex structures.

2.  
Debt instruments with a principal amount linked to only one euro area inflation index at a single point in time shall also be permissible, given that the coupon structure is as defined in Article 63(1)(b)(i) fourth indent and linked to the same euro area inflation index.
3.  
Assets with warrants or similar rights attached shall not be eligible.

▼M1

Article 63

Acceptable coupon structures for marketable assets

▼M4

1.  

►M9  In order to be eligible, debt instruments shall have one of the following coupon structures until final redemption: ◄

(a) 

fixed, zero or multi-step coupons with a pre-defined coupon schedule and pre-defined coupon values;

(b) 

floating coupons that have the following structure: coupon rate = (reference rate * l) ± x, with f ≤ coupon rate ≤ c, where:

▼M11

(i) 

the reference rate is only one of the following at a single point in time:

▼M13

— 
a euro money market rate the use of which is permitted in the Union in accordance with Regulation (EU) 2016/1011 of the European Parliament and of the Council ( 18 ), e.g. the euro short-term rate (€STR) (including compounded or averaged daily €STR), Euribor, or similar indices; for the first or/and the last coupon the reference rate can be a linear interpolation between two tenors of the same euro money market rate, e.g. a linear interpolation between two different tenors of Euribor,

▼M11

— 
a constant maturity swap rate, e.g. CMS, EIISDA, EUSA,
— 
the yield of one or an index of several euro area government bonds that have a maturity of one year or less,
— 
a euro area inflation index;

▼M4

(ii) 

f (floor), c (ceiling), l (leveraging/deleveraging factor) and x (margin) are, if present, numbers that are either pre-defined at issuance, or may change over time only according to a path predefined at issuance, where l is greater than zero throughout the entire lifetime of the asset. For floating coupons with an inflation index reference rate, l shall be equal to one; or

▼M13

(c) 

multi-step or floating coupons with steps linked to SPTs, provided that:

(i) 

the compliance with SPTs by the issuer, or any undertaking belonging to the same sustainability-linked bond issuer group, is subject to verification by an independent third party in accordance with the terms and conditions of the debt instrument; and

(ii) 

the step-up event and/or the associated step-up payment have not been cancelled or disapplied by the issuer or by other means.

▼M1

2.  
Any coupon structure that does not comply with paragraph 1 shall not be eligible, including instances where only part of the remuneration structure, such as a premium, is non-compliant.
3.  
For the purpose of this Article, if the coupon is either of a fixed multi-step type or of a floating multi-step type, the assessment of the relevant coupon structure shall be based on the entire lifetime of the asset with both a forward- and backward-looking perspective.
4.  
Acceptable coupon structures shall have no issuer optionalities, i.e. during the entire lifetime of the asset, based on a forward- and backward-looking perspective, changes in the coupon structure that are contingent on an issuer's decision shall not be acceptable.

▼M13

5.  
By way of derogation from paragraph 4, the coupon structure shall not be rendered ineligible in the case of multi-step or floating coupons with steps linked to SPTs by the mere existence of the issuer’s right to cancel or disapply the step-up event and/or the associated step-up payment.

▼B

Article 64

Non-subordination with respect to marketable assets

Eligible debt instruments shall not give rise to rights to the principal and/or the interest that are subordinated to the rights of holders of other debt instruments of the same issuer.

▼M9

Article 64a

Marketable assets other than ABSs and covered bonds

1.  
In order to be eligible, marketable assets other than ABSs, legislative covered bonds and multi cédulas shall be unsecured obligations of both the issuer and guarantor. For marketable assets with more than one issuer or with more than one guarantor, the requirement in this paragraph shall apply to each issuer and each guarantor.
2.  
Marketable assets which are secured and were eligible before 1 January 2021 but do not comply with the eligibility requirements as set out in this Article shall remain eligible until 1 January 2026, provided that they fulfil all other eligibility criteria for marketable assets. By derogation from the first sentence of this paragraph, covered bonds which are neither legislative covered bonds nor multi cédulas, shall become ineligible from 1 January 2021.

▼B

Article 65

Currency of denomination of marketable assets

In order to be eligible, debt instruments shall be denominated in euro or in one of the former currencies of the Member States whose currency is the euro.

Article 66

Place of issue of marketable assets

▼M6

1.  
Subject to paragraph 2, in order to be eligible, debt instruments shall be issued in the EEA with a central bank or with an eligible SSS.

▼B

2.  
In respect of debt instruments issued or guaranteed by a non-financial corporation for which no credit assessment has been provided by an accepted ECAI system for the issue, issuer or guarantor, the place of issue must be within the euro area.

▼M6

3.  

International debt instruments issued through the ICSDs shall comply with the following criteria, as applicable.

(a) 

International debt instruments issued in global bearer form shall be issued in the form of new global notes (NGNs) and shall be deposited with a common safekeeper which is an ICSD or a CSD that operates an eligible SSS. This requirement shall not apply to international debt instruments issued in global bearer form issued in the form of classical global notes prior to 1 January 2007 and fungible tap issuances of such notes issued under the same ISIN irrespective of the date of the tap-issuance.

(b) 

International debt instruments issued in global registered form shall be issued under the new safekeeping structure for international debt instruments. By way of derogation, this shall not apply to international debt instruments issued in global registered form prior to 1 October 2010.

(c) 

International debt instruments in individual note form shall not be eligible unless they were issued in individual note form prior to 1 October 2010.

▼B

Article 67

Settlement procedures for marketable assets

▼M6

1.  
In order to be eligible, debt instruments shall be transferable in book-entry form and shall be held and settled in Member States whose currency is the euro through an account with an NCB or with an eligible SSS, so that the perfection and realisation of collateral is subject to the law of a Member State whose currency is the euro.

▼M6

1a.  
In addition, where the use of such debt instruments involves tri-party collateral management services, on a domestic and/or cross-border basis, those services shall be provided by a tri-party agent that has been positively assessed pursuant to the ‘Eurosystem standards for the use of triparty agents (TPAs) in Eurosystem credit operations’, which are published on the ECB's website.

▼M6

2.  
If the CSD where the asset is issued and the CSD where the asset is held are not identical, the SSSs operated by these two CSDs must be connected by an eligible link in accordance with Article 150.

▼B

Article 68

Acceptable markets for marketable assets

1.  
In order to be eligible, debt instruments shall be those which are admitted to trading on a regulated market as defined in Directive 2014/65/EU of the European Parliament and of the Council ( 19 ), or admitted to trading on certain acceptable non-regulated markets.
2.  
The ECB shall publish the list of acceptable non-regulated markets on its website and shall update it at least once a year.
3.  

The assessment of non-regulated markets by the Eurosystem shall be based on the following principles of safety, transparency and accessibility.

(a) 

Safety refers to certainty with regard to transactions, in particular certainty in relation to the validity and enforceability of transactions.

(b) 

Transparency refers to unimpeded access to information on the market's rules of procedure and operation, the financial features of the assets, the price formation mechanism, and the relevant prices and quantities, e.g. quotes, interest rates, trading volumes, outstanding amounts.

(c) 

Accessibility refers to the ability of the Eurosystem to take part in and access the market. A market is considered accessible if its rules of procedure and operation allow the Eurosystem to obtain information and conduct transactions when needed for collateral management purposes.

4.  
The selection process for non-regulated markets shall be defined exclusively in terms of the performance of the Eurosystem collateral management function and should not be regarded as an assessment by the Eurosystem of the intrinsic quality of any market.

Article 69

Type of issuer or guarantor for marketable assets

▼M6

1.  
In order to be eligible, debt instruments shall be issued or guaranteed by central banks of Member States, public sector entities, agencies, credit institutions, financial corporations other than credit institutions, non-financial corporations, multilateral development banks or international organisations. For marketable assets with more than one issuer, this requirement shall apply to each issuer.

▼M13

1a.  
The requirement set out in the first sentence of paragraph 1 shall not apply to the guarantor of a debt instrument where the guarantee is not used to establish the compliance of that debt instrument with the credit quality requirements for marketable assets.

▼M7 —————

▼M6

3.  
Debt instruments issued or guaranteed by investment funds shall be ineligible.

▼B

Article 70

Place of establishment of the issuer or guarantor

▼M6

1.  
In order to be eligible, debt instruments shall be issued by an issuer established in the EEA or in a non-EEA G10 country, subject to the exceptions in paragraphs 3 to 6 of this Article and in paragraph 4 of Article 81a. For marketable assets with more than one issuer, this requirement shall apply to each issuer.

▼M13

2.  
In order to be eligible, guarantors of debt instruments shall be established in the EEA, unless a guarantee is not used to establish the compliance of that debt instrument with the credit quality requirements for specific debt instruments, subject to the exceptions laid down in paragraphs 3 and 4. The possibility to use an ECAI guarantor rating to establish compliance with the relevant credit quality requirements for specific debt instruments is laid down in Article 84.

▼B

3.  
For debt instruments issued or guaranteed by non-financial corporations for which no credit assessment from an accepted ECAI system exists for the issue, the issuer or the guarantor, the issuer or guarantor shall be established in a Member State whose currency is the euro.

▼M7

3a.  
For debt instruments issued or guaranteed by agencies, the issuer or guarantor shall be established in a Member State whose currency is the euro.

▼B

4.  
For debt instruments issued or guaranteed by multilateral development banks or international organisations, the criterion in respect of place of establishment shall not apply and they shall be eligible irrespective of their place of establishment.
5.  
For asset-backed securities, the issuer must be established in the EEA in accordance with Article 74.
6.  
Debt instruments issued by issuers established in non-EEA G10 countries shall only be considered eligible if the Eurosystem has ascertained to its satisfaction that its rights would be protected in an appropriate manner under the laws of the relevant non-EEA G10 country. For this purpose, a legal assessment shall be submitted to the relevant NCB, in a form and substance acceptable to the Eurosystem, before the relevant debt instruments may be considered eligible.

Article 71

Credit quality requirements for marketable assets

In order to be eligible, debt instruments shall meet the credit quality requirements specified in Chapter 2, except where otherwise stated.

Section 2

Specific eligibility criteria for certain types of marketable assets

Subsection 1

Specific eligibility criteria for asset-backed securities

Article 72

Eligibility criteria for asset-backed securities

In order to be eligible for Eurosystem credit operations, asset-backed securities shall comply with the general eligibility criteria relating to all types of marketable assets laid down in Section 1, with the exception of the requirements laid down in Article 62 relating to the principal amount, and in addition, the specific eligibility criteria laid down in this subsection.

Article 73

Homogeneity and composition of the cash-flow generating assets

▼M7

1.  

In order for ABSs to be eligible, all cash-flow generating assets backing the ABSs shall be homogenous, i.e. it shall be possible to report them according to one of the types of loan-level templates referred to in Annex VIII, which shall relate to one of the following:

(a) 

residential mortgages;

(b) 

loans to small and medium-sized enterprises (SMEs);

(c) 

auto loans;

(d) 

consumer finance loans;

(e) 

leasing receivables;

(f) 

credit card receivables.

▼B

2.  
The Eurosystem may consider an ABS not to be homogenous upon assessment of the data submitted by a counterparty.
3.  
ABSs shall not contain any cash-flow generating assets originated directly by the SPV issuing the ABSs.
4.  
The cash-flow generating assets shall not consist, in whole or in part, actually or potentially, of tranches of other ABSs. This criterion shall not exclude ABSs where the issuance structure includes two SPVs and the ‘true sale’ criterion is met in respect of those SPVs so that the debt instruments issued by the second SPV are directly or indirectly backed by the original pool of assets and all cash flows from the cash-flow generating assets are transferred from the first to the second SPV.
5.  
The cash-flow generating assets shall not consist, in whole or in part, actually or potentially, of credit-linked notes, swaps or other derivatives instruments, synthetic securities or similar claims. This restriction shall not encompass swaps used in ABS transactions strictly for hedging purposes.

▼M11

6.  
The cash-flow generating assets must entail full recourse against the obligors.

▼M6 —————

▼M4 —————

▼B

Article 74

Geographical restrictions concerning asset-backed securities and cash-flow generating assets

1.  
The issuer of ABSs shall be an SPV established in the EEA.
2.  
The cash-flow generating assets shall be originated by an originator incorporated in the EEA and sold to the SPV by the originator or by an intermediary incorporated in the EEA.

▼M7

3.  
For the purpose of paragraph 2, a mortgage trustee or receivables trustee shall be considered to be an intermediary.
4.  
The obligors and the creditors of the cash-flow generating assets shall be incorporated, or, if they are natural persons, shall be resident in the EEA. Obligors who are natural persons must have been resident in the EEA at the time the cash-flow generating assets were originated. Any related security shall be located in the EEA and the law governing the cash-flow generating assets shall be the law of an EEA country.

▼B

Article 75

Acquisition of cash-flow generating assets by the SPV

1.  
The acquisition of the cash-flow generating assets by the SPV shall be governed by the law of a Member State.
2.  
The cash-flow generating assets shall have been acquired by the SPV from the originator or from an intermediary as laid down in Article 74(2) in a manner which the Eurosystem considers to be a ‘true sale’ that is enforceable against any third party, and which is beyond the reach of the originator and its creditors or the intermediary and its creditors, including in the event of the originator's or the intermediary's insolvency.

Article 76

Assessment of clawback rules for asset-backed securities

1.  

ABSs shall only be considered eligible if the Eurosystem has ascertained that its rights would be protected in an appropriate manner against clawback rules considered relevant by the Eurosystem under the law of the relevant EEA country. For this purpose, before the ABSs may be considered eligible, the Eurosystem may require:

(a) 

an independent legal assessment in a form and substance acceptable to the Eurosystem that sets out the applicable clawback rules in the relevant country; and/or

(b) 

other documents, such as a solvency certificate from the transferor for the suspect period, which is a certain period of time during which the sale of cash-flow generating assets backing the ABSs may be invalidated by a liquidator.

2.  

Clawback rules, which the Eurosystem considers to be severe and therefore not acceptable, shall include:

(a) 

rules under which the sale of cash-flow generating assets backing the ABSs can be invalidated by a liquidator solely on the basis that the sale was concluded within the suspect period, as referred to in paragraph 1(b), before the declaration of insolvency of the seller; or

(b) 

rules where such invalidation can only be prevented by the transferee if they can prove that they were not aware of the insolvency of the seller at the time of the sale.

For the purposes of this criterion, the seller may be the originator or intermediary, as applicable.

Article 77

Non-subordination of tranches for asset-backed securities

1.  
Only tranches or sub-tranches of ABSs that are not subordinated to other tranches of the same issue over the lifetime of the ABS shall be considered eligible.
2.  
A tranche or sub-tranche shall be considered to be non-subordinated to other tranches or sub-tranches of the same issue if, in accordance with the post-enforcement priority of payments, and if applicable, the post-acceleration priority of payments as set out in the prospectus, no other tranche or sub-tranche shall be given priority over that tranche or sub-tranche in respect of receiving payment, i.e. principal and interest, and thereby such tranche or sub-tranche shall be last in incurring losses among the different tranches or sub-tranches.

▼M4

Article 77a

Restrictions on investments for asset-backed securities

Any investments of monies standing to the credit of the issuer's or of any intermediary SPV's bank accounts under the transaction documentation shall not consist, in whole or in part, actually or potentially, of tranches of other ABSs, credit-linked notes, swaps or other derivative instruments, synthetic securities or similar claims.

▼B

Article 78

Availability of loan level data for asset-backed securities

▼M9

1.  
Comprehensive and standardised loan-level data on the pool of cash-flow generating assets backing the ABSs shall be made available in accordance with the procedures set out in Annex VIII.

▼M9 —————

▼B

Article 79

Data requests for asset-backed securities

The Eurosystem shall reserve the right to request from any third party it considers relevant, including but not restricted to, the issuer, the originator and/or the arranger, any clarification and/or legal confirmation that it considers necessary to assess the eligibility of ABSs and with regard to the provision of loan-level data. If a third party fails to comply with a particular request, the Eurosystem may decide not to accept the ABSs as collateral or may decide to suspend the eligibility of such collateral.

▼M11

Article 79a

Assessment of information in relation to the eligibility of asset-backed securities

The Eurosystem may decide not to accept ABSs for use as collateral in Eurosystem credit operations on the basis of its assessment of the information provided. In its assessment, the Eurosystem shall take into account whether the information submitted is deemed sufficiently clear, consistent and comprehensive to demonstrate fulfilment of each of the eligibility criteria applicable to ABSs, in particular with respect to whether the cash-flow generating assets have been acquired in a manner which the Eurosystem considers to be a ‘true sale’ as laid down in Article 75(2).

▼B

Subsection 2

Specific eligibility criteria for covered bonds backed by asset-backed securities

▼M9

Article 80

▼M11

Legacy covered bonds backed by asset-backed securities

1.  

Without prejudice to the eligibility of legislative covered bonds pursuant to Article 64a, EEA legislative covered bonds for which an ISIN has been opened prior to 8 July 2022 and that are not subject to Directive (EU) 2019/2162 of the European Parliament and of the Council ( 20 ) (‘legacy covered bonds’), may be backed by ABSs provided that the cover pool of such bonds (for the purposes of paragraphs 1 to 4, ‘the cover pool’) only contains ABSs that comply with all of the following.

(a) 

The cash-flow generating assets backing the ABSs meet the criteria laid down in Article 129(1)(d) to (f) of Regulation (EU) No 575/2013 at the time the ISIN was opened.

(b) 

The cash-flow generating assets were originated by an entity closely linked to the issuer, as described in Article 138.

(c) 

They are used as a technical tool to transfer mortgages or guaranteed real estate loans from the originating entity into the cover pool.

2.  

Subject to paragraph 4, the NCBs shall use the following measures to verify that the cover pool does not contain ABSs that do not comply with paragraph 1.

(a) 

On a quarterly basis, the NCBs shall request a self-certification and undertaking of the issuer confirming that the cover pool does not contain ABSs that do not comply with paragraph 1. The NCB’s request shall specify that the self-certification must be signed by the issuer’s Chief Executive Officer (CEO), Chief Financial Officer (CFO) or a manager of similar seniority, or by an authorised signatory on their behalf.

(b) 

On an annual basis, NCBs shall request an ex post confirmation by external auditors or cover pool monitors from the issuer, confirming that the cover pool does not contain ABSs that do not comply with paragraph 1 for the monitoring period.

3.  
If the issuer fails to comply with a particular request or if the Eurosystem deems the content of a confirmation incorrect or insufficient to the extent that it is not possible to verify that the cover pool complies with the criteria in paragraph 1, the Eurosystem shall decide not to accept the EEA legislative covered bonds referred to in paragraph 1 as eligible collateral or to suspend their eligibility.
4.  
Where the applicable legislation or prospectus exclude the inclusion of ABSs that do not comply with paragraph 1 as cover pool assets, no verification pursuant to paragraph 2 shall be required.
5.  

For the purposes of paragraph 1(b), the close links shall be determined at the time that the senior units of the ABSs are transferred into the cover pool of the EEA legislative covered bond referred to in paragraph 1.

▼M9

6.  
The cover pool of non-EEA G10 legislative covered bonds shall not contain ABSs.

▼B

Subsection 3

▼M13

Specific eligibility criteria for debt certificates issued by the ECB or by NCBs prior to the date of adoption of the euro in their respective Member State

▼B

Article 81

▼M13

Eligibility criteria for debt certificates issued by the ECB or by NCBs prior to the date of adoption of the euro in their respective Member State

▼B

1.  
Debt certificates issued by the ECB and debt certificates issued by the NCBs prior to the date of adoption of the euro in their respective Member State whose currency is the euro shall be eligible as collateral for Eurosystem credit operations.

▼M13

2.  
Debt certificates issued by the ECB and debt certificates issued by the NCBs prior to the date of adoption of the euro in their respective Member State whose currency is the euro shall not be subject to the criteria laid down in Title II of this Part Four.

▼M4

Subsection 4

Specific eligibility criteria for certain unsecured debt instruments

▼M6

Article 81a

Eligibility criteria for certain unsecured debt instruments issued by credit institutions or investment firms, or by their closely linked entities

1.  

By derogation from Article 64 and provided that they fulfil all other eligibility criteria, the following subordinated unsecured debt instruments issued by credit institutions or investment firms, or by their closely linked entities as referred to in Article 141(3), shall be eligible until maturity, provided that they are issued before 31 December 2018 and their subordination results neither from contractual subordination as defined in paragraph 2 nor from structural subordination pursuant to paragraph 3:

▼M7

— 
debt instruments issued by agencies,

▼M6

— 
debt instruments guaranteed by a Union public sector entity which has the right to levy taxes by way of a guarantee that complies with the features laid down in Article 114(1) to (4) and Article 115.
2.  
For the purposes of paragraph 1, contractual subordination means subordination based on the terms and conditions of an unsecured debt instrument, irrespective of whether such subordination is statutorily recognised.
3.  
Unsecured debt instruments issued by holding companies, including any intermediate holding companies, subject to national legislation implementing Directive 2014/59/EU or to similar recovery and resolution frameworks, shall be ineligible.
4.  
For unsecured debt instruments issued by credit institutions or investment firms, or by their closely linked entities as referred to in Article 141(3), other than unsecured debt instruments issued by multilateral development banks or international organisations as referred to in Article 70(4), the issuer shall be established in the Union.

▼M7 —————

▼B

CHAPTER 2

Eurosystem's credit quality requirements for marketable assets

Article 82

Eurosystem's credit quality requirements for marketable assets

1.  

Further to the general rules set out in Article 59 and to the specific rules set out in Article 84, marketable assets shall comply with the following credit quality requirements in order to be eligible as collateral for Eurosystem credit operations:

(a) 

With the exception of ABSs, all marketable assets shall have a credit assessment provided by at least one accepted ECAI system, expressed in the form of a public credit rating, in compliance with, as a minimum, credit quality step 3 in the Eurosystem's harmonised rating scale.

(b) 

ABSs shall have credit assessments that are provided by at least two different accepted ECAI systems expressed in the form of two public credit ratings, one provided by each of these ECAI systems, in compliance with, as a minimum, credit quality step 2 in the Eurosystem's harmonised rating scale.

2.  
The Eurosystem may request any clarification that it considers necessary as regards the public credit rating referred to in paragraph 1.

Article 83

Types of ECAI credit assessments used for credit quality assessments of marketable assets

The following types of ECAI credit assessments from accepted ECAIs shall be used in determining compliance with the credit quality requirements applicable to marketable assets.

▼M4

(a)

An ECAI issue rating : this rating refers to an ECAI credit assessment assigned to either an issue or, in the absence of an issue rating from the same ECAI, the programme or issuance series under which an asset is issued. An ECAI assessment for a programme or issuance series shall only be relevant if it applies to the particular asset in question and is explicitly and unambiguously matched with the asset's ISIN code by the ECAI, and a different issue rating from the same ECAI does not exist. For ECAI issue ratings, the Eurosystem shall make no distinction in respect of the original maturity of the asset.

▼B

(b)

An ECAI issuer rating :

this rating refers to an ECAI credit assessment assigned to an issuer. For ECAI issuer ratings, the Eurosystem shall make a distinction in respect of the original maturity of the asset as regards the acceptable ECAI credit assessment. The distinction shall be made between:

(i) 

short-term assets, i.e. those assets with an original maturity of up to and including 390 days; and

(ii) 

long-term assets, i.e. those assets with an original maturity of more than 390 days. For short-term assets, ECAI short-term and long-term issuer ratings shall be acceptable. For long-term assets, only ECAI long-term issuer ratings shall be acceptable.

(c)

An ECAI guarantor rating : this rating refers to an ECAI credit assessment assigned to a guarantor, if the guarantee meets the requirements of Title IV. For ECAI guarantor ratings, the Eurosystem shall make no distinction in respect of the original maturity of the asset. Only ECAI long-term guarantor ratings shall be acceptable.

Article 84

Priority of ECAI credit assessments in respect of marketable assets

For marketable assets, ECAI credit assessments which determine the compliance of the asset with the credit quality requirements shall be taken into account by the Eurosystem in accordance with the following rules:

(a) 

For marketable assets other than marketable assets issued by central governments, regional governments, local governments, agencies, multilateral development banks or international organisations and ABSs, the following rules shall apply.

(i) 

The Eurosystem shall consider ECAI issue ratings in priority to ECAI issuer or ECAI guarantor ratings. Without prejudice to the application of this priority rule, in accordance with Article 82(1)(a), at least one ECAI credit assessment must comply with the Eurosystem's applicable credit quality requirements.

(ii) 

If multiple ECAI issue ratings are available for the same issue, then the first-best of those ECAI issue ratings shall be taken into account by the Eurosystem. If the first-best ECAI issue rating does not comply with the Eurosystem's credit quality threshold for marketable assets, the asset shall not be eligible, even if a guarantee that is acceptable under Title IV exists.

▼M6

(iii) 

In the absence of any ECAI issue rating or, in the case of covered bonds, in the absence of an issue rating fulfilling the requirements of Annex IXb, an ECAI issuer or ECAI guarantor rating may be considered by the Eurosystem. If multiple ECAI issuer and/or ECAI guarantor ratings are available for the same issue, then the first-best of those ratings shall be taken into account by the Eurosystem.

▼B

(b) 

For marketable assets issued by central governments, regional governments, local governments, agencies, multilateral development banks or international organisations, the following rules shall apply.

(i) 

In accordance with Article 82(1)(a), at least one ECAI credit assessment must comply with the Eurosystem's applicable credit quality requirements. The Eurosystem shall only consider ECAI issuer or ECAI guarantor ratings.

(ii) 

If multiple ECAI issuer and ECAI guarantor ratings are available, the first-best of those ratings shall be taken into account by the Eurosystem.

(iii) 

Covered bonds issued by agencies shall not be assessed in accordance with the rules in this point and shall instead be assessed in accordance with point (a).

(c) 

For ABSs, the following rules shall apply.

(i) 

In accordance with Article 82(1)(b), at least two ECAI credit assessments shall comply with the Eurosystem's applicable credit quality requirements. The Eurosystem shall only consider ECAI issue ratings.

(ii) 

If more than two ECAI issue ratings are available, the first- and second-best of such ECAI issue ratings shall be taken into account by the Eurosystem.

Article 85

Multi-issuer securities

For marketable assets with more than one issuer (multi-issuer securities), the applicable ECAI issuer rating shall be determined on the basis of each issuer's potential liability as follows:

(a) 

If each issuer is jointly and severally liable for the obligations of all other issuers under the issue or, if applicable, for the programme, or issuance series, the ECAI issuer rating to be considered shall be the highest rating among the first-best ECAI issuer ratings of all the relevant issuers; or

(b) 

If any issuer is not jointly and severally liable for the obligations of all other issuers under the issue or, if applicable, for the programme, or issuance series, the ECAI issuer rating to be considered shall be the lowest rating among the first-best ECAI issuer ratings of all the relevant issuers.

Article 86

Non-euro ratings

For the purpose of ECAI issuer ratings, a foreign currency rating shall be acceptable. If the asset is denominated in the domestic currency of the issuer, the local currency rating shall also be acceptable.

Article 87

Credit quality assessment criteria for marketable assets in the absence of a credit assessment provided by an accepted ECAI

1.  
In the absence of an appropriate credit assessment provided by an accepted ECAI for the issue, issuer or guarantor, as would be applicable pursuant to Article 84(a) or (b), an implicit credit assessment of marketable assets (with the exception of ABSs) shall be derived by the Eurosystem in accordance with the rules laid down in paragraphs 2 and 3. This implicit credit assessment is required to comply with the Eurosystem's credit quality requirements.

▼M6

2.  

If the debt instruments are issued or guaranteed by a regional government or a local authority or a ‘public sector entity’ as defined in point 8 of Article 4(1) of Regulation (EU) No 575/2013 (hereinafter a ‘CRR public sector entity’) established in a Member State whose currency is the euro, the credit assessment shall be performed by the Eurosystem in accordance with the following rules.

(a) 

If the issuers or guarantors are regional governments, local authorities or CRR public sector entities, which are treated for capital requirements purposes pursuant to Articles 115(2) or 116(4) of Regulation (EU) No 575/2013 equally to the central government in whose jurisdiction they are established, the debt instruments issued or guaranteed by these entities shall be allocated the credit quality step corresponding to the best credit rating provided by an accepted ECAI to the central government in whose jurisdiction these entities are established.

(b) 

If the issuers or guarantors are regional governments, local authorities and CRR public sector entities which are not referred to in point (a) the debt instruments issued or guaranteed by these entities shall be allocated the credit step corresponding to one credit quality step below the best credit rating provided by an accepted ECAI to the central government in which jurisdiction these entities are established.

▼M9

(c) 

If the issuers or guarantors are ‘public sector entities’ as defined in point (75) of Article 2 and are not referred to in points (a) and (b), no implicit credit assessment is derived and the debt instruments issued or guaranteed by these entities shall be treated equally to debt instruments issued or guaranteed by private sector entities, i.e. as not having an appropriate credit assessment.

3.  

Subject to the provisions of Article 61(1), if the debt instruments are issued or guaranteed by non-financial corporations established in a Member State whose currency is the euro, the credit quality assessment shall be performed by the Eurosystem based on the credit quality assessment rules applicable to the credit quality assessment of credit claims in Chapter 2 of Title III.

▼M6



Table 9

Implicit credit quality assessments for issuers or guarantors without an ECAI credit quality assessment

 

Allocation of issuers or guarantors under Regulation (EU) No 575/2013 (CRR (*1))

ECAF derivation of the implicit credit quality assessment of the issuer or guarantor belonging to the corresponding class

Class 1

Regional governments, local authorities and CRR public sector entities (CRR PSEs) that are treated by the competent authorities in the same manner as the central government for capital requirements purposes pursuant to Articles 115(2) and 116(4) of Regulation (EU) No 575/2013

Allocated the ECAI credit quality assessment of the central government in whose jurisdiction the entity is established

Class 2

Other regional governments, local authorities and CRR PSEs

Allocated a credit quality assessment one credit quality step (*2) below the ECAI credit quality assessment of the central government in whose jurisdiction the entity is established

Class 3

Public sector entities as defined in point (75) of Article 2 that are not CRR PSEs

►M9  Treated like private sector issuers or debtors, i.e. their marketable assets are not eligible ◄

(*1)   

Regulation (EU) No 575/2013, also referred to as the CRR for the purposes of this table.

(*2)   

Information on the credit quality steps is published on the ECB's website.

▼B

Article 88

Additional credit quality requirements for asset-backed securities

1.  
For ABSs, the credit quality assessment shall be based on a public issue rating that is explained in a publicly available credit rating report, i.e. a new issue report. The publicly available credit rating report shall include, inter alia, a comprehensive analysis of structural and legal aspects, a detailed collateral pool assessment, an analysis of the transaction participants, as well as an analysis of any other relevant details of a transaction.
2.  
Further to the requirement in paragraph 1, regular surveillance reports published by the accepted ECAIs are required for asset-backed securities. The publication of these reports shall take place no later than four weeks after the coupon payment date of the ABSs. The reference date of these reports shall be the most recent coupon payment date except for ABSs paying the coupon on a monthly basis, in which case the surveillance report shall be published at least quarterly. The surveillance reports shall contain, as a minimum, the key transaction data, e.g. composition of the collateral pool, transaction participants, capital structure, as well as performance data.

TITLE III

ELIGIBILITY CRITERIA AND CREDIT QUALITY REQUIREMENTS FOR NON-MARKETABLE ASSETS

CHAPTER 1

Eligibility criteria for non-marketable assets

Section 1

Eligibility criteria for credit claims

Article 89

Eligible type of asset

1.  
The eligible type of asset shall be a credit claim that is a debt obligation of a debtor vis-à-vis a counterparty.
2.  
Types of credit claims that have a ‘reducing balance’, i.e. where the principal and interest are paid off according to a pre-agreed schedule, as well as drawn credit lines, shall be eligible types of credit claim.
3.  
Current account overdrafts, letters of credit and undrawn credit lines, e.g. undrawn facilities of revolving credit claims, which authorise the use of credit but are not credit claims per se, shall not be eligible types of credit claim.
4.  
A syndicated loan share shall be an eligible type of credit claim. For the purposes of this Section, a syndicated loan share means a credit claim resulting from the participation of a lender in a loan provided by a group of lenders in a lending syndicate.
5.  
A credit claim granted in a context other than a mere lending relationship may constitute an eligible type of asset. A claim inherent to certain leasing or factoring structures may qualify as an eligible type of asset, if it constitutes a credit claim. Claims purchased under a factoring only qualify as an eligible type of asset to the extent they actually constitute credit claims as opposed to other claims, such as purchase price claims.

▼M7

Article 90

▼M11

Principal amount, coupon and other elements of eligible credit claims

▼M9

In order to be eligible, credit claims shall comply with the following requirements from the moment they are mobilised until their final redemption or demobilisation:

(a) 

they have a fixed, unconditional principal amount; ►M11  ————— ◄

▼M11

(b) 

they have an interest rate that shall be one of the following:

(i) 

a ‘zero coupon’;

(ii) 

fixed;

(iii) 

floating, i.e. linked to a reference interest rate and with the following structure: coupon rate = reference rate ± x, with f ≤ coupon rate ≤ c, where:

— 
the reference rate is only one of the following at a single point in time:

▼M13

— 
a euro money market rate the use of which is permitted in the Union in accordance with Regulation (EU) 2016/1011, e.g. €STR (including compounded or averaged daily €STR), Euribor, or similar indices;

▼M11

— 
a constant maturity swap rate, e.g. CMS, EIISDA, EUSA;
— 
the yield of one or an index of several euro area government bonds;
— 
f (floor) and c (ceiling), if they are present, are numbers that are either pre-defined at origination or may change over the life of the credit claim; they may also be introduced after origination of the credit claim;
— 
x (margin);

▼M11

(ba) 

their coupon structure (irrespective of whether it is for a fixed or floating interest rate credit claim) may contain a margin that is either pre-defined at origination or may change over the life of the credit claim. In the event of a margin change, the eligibility assessment of the coupon structure shall be based on the remaining lifetime of the credit claim; and

▼M11

(c) 

their current coupon does not lead to a negative cash flow or to a reduction of principal payment. If in the current accrual period the coupon structure leads to a negative coupon-related cash flow, the credit claim is ineligible as of the moment of the coupon reset. It may become eligible again at the start of a new accrual period when the coupon-related cash flow applied to the debtor turns non-negative, provided it meets all other relevant requirements.

▼B

Article 91

Non-subordination

Credit claims may not afford rights to the principal and/or the interest that are subordinated to: (a) the rights of holders of other unsecured debt obligations of the debtor including other shares or sub-shares in the same syndicated loan; and (b) the rights of holders of debt instruments of the same issuer.

Article 92

Credit quality requirements for credit claims

The credit quality of credit claims is assessed on the basis of the credit quality of the debtor or guarantor. The relevant debtor or guarantor shall comply with the Eurosystem's credit quality requirements as specified in the ECAF rules for credit claims laid down in Chapter 2 of Title III of Part Four.

▼M13

Article 93

Minimum size of credit claims

For domestic use, credit claims shall, at the time of their submission as collateral by the counterparty, meet a minimum size threshold of EUR 25 000 , or any higher amount that may be laid down by the home NCB. For cross-border use, a minimum size threshold of EUR 500 000 shall apply.

▼B

Article 94

Currency of denomination of credit claims

Credit claims shall be denominated in euro or in one of the former currencies of the Member States whose currency is the euro.

Article 95

Type of debtor or guarantor

▼M13

1.  
The debtors and guarantors of eligible credit claims shall be non-financial corporations, public sector entities (excluding public financial corporations), multilateral development banks or international organisations. This requirement shall not apply to the guarantor of a credit claim where the guarantee is not used to establish the compliance of that credit claim with the credit quality requirements for non-marketable assets.

▼B

2.  
If a credit claim has more than one debtor, each debtor shall be individually and severally liable for the full repayment of the entire credit claim.

Article 96

Location of the debtor or guarantor

1.  
The debtor in respect of a credit claim shall be established in a Member State whose currency is the euro.

▼M13

2.  
The guarantor in respect of a credit claim shall also be established in a Member State whose currency is the euro, unless a guarantee is not used to establish the compliance of that credit claim with the credit quality requirements for non-marketable assets.

▼M2

3.  
For debtors or guarantors that are multilateral development banks or international organisations, the rules in paragraphs 1 and 2, respectively, shall not apply and they shall be eligible irrespective of their place of establishment.

▼B

Article 97

Governing laws

The credit claim agreement and the agreement between the counterparty and the home NCB mobilising the credit claim as collateral shall both be governed by the law of a Member State whose currency is the euro. Furthermore, there shall be no more than two governing laws in total that apply to the:

(a) 

counterparty;

(b) 

creditor;

(c) 

debtor;

▼M13

(d) 

guarantor (only where a guarantee exists and the guarantee is used to establish the compliance of the credit claim with the credit quality requirements for non-marketable assets);

▼B

(e) 

credit claim agreement;

(f) 

the agreement between the counterparty and the home NCB mobilising the credit claim as collateral.

Article 98

Handling procedures

Credit claims shall be handled in accordance with the Eurosystem procedures laid down in the relevant national documentation of the NCBs.

▼M2

Article 99

Additional legal requirements for credit claims

1.  

In order to ensure that a valid security is created over credit claims and that the credit claim can be swiftly realised in the event of a counterparty default, additional legal requirements shall be met. These legal requirements relate to:

(a) 

verification of the existence of credit claims;

(b) 

validity of the agreement for the mobilisation of credit claims;

(c) 

full effect of the mobilisation vis-à-vis third parties;

(d) 

an absence of restrictions concerning the mobilisation and realisation of credit claims;

(e) 

an absence of restrictions concerning banking secrecy and confidentiality.

2.  
The content of these legal requirements is set out in Articles 100 to 105. Further details of the specific features of the national jurisdictions are provided in the relevant national documentation of the NCBs.

▼M13

Article 100

Verifications of the procedures and systems used to submit credit claims

1.  
NCBs, or supervisors or external auditors, shall conduct a verification of the appropriateness of the procedures and systems used by the counterparty to submit the information on credit claims to the Eurosystem prior to the first mobilisation of credit claims by the counterparty. The verification of the procedures and systems shall subsequently be conducted at least once every five years. In the event of significant changes to such procedures or systems, a new verification may be conducted.
2.  
If NCBs, or supervisors or external auditors ascertain that the procedures and systems used by the counterparty are no longer adequate for the submission of the information on credit claims to the Eurosystem, the NCB involved in the verification shall take the measures it deems necessary, which may include the partial or full suspension of the mobilisation of credit claims by the counterparty until a new verification of the appropriateness of the procedures and systems used by the counterparty to submit the information on credit claims to the Eurosystem has been conducted.

▼B

Article 101

Verification of existence of credit claims

1.  

The NCBs shall, as a minimum, take all of the following steps to verify the existence of credit claims mobilised as collateral:

(a) 

They shall obtain a written confirmation from counterparties, at least each quarter, by which counterparties shall confirm:

(i) 

the existence of the credit claims (this confirmation could be replaced with cross-checks of information held in central credit registers, where these exist);

(ii) 

the compliance of credit claims with the eligibility criteria applied by the Eurosystem;

(iii) 

that such credit claim is not used simultaneously as collateral to the benefit of any third party and that the counterparty shall not mobilise such credit claim as collateral to any third party;

(iv) 

that the counterparty will undertake to communicate to the relevant NCB no later than within the course of the next business day, any event that materially affects the contractual relationship between the counterparty and the NCB, in particular early, partial or total repayments, downgrades and material changes in the conditions of the credit claim.

▼M9

(aa) 

They shall require counterparties to submit in relation to credit claims mobilised as collateral from May 2021, where applicable, the relevant analytical credit database (AnaCredit) identifiers (i.e. the ‘Observed Agent’ identifier, the ‘Contract’ identifier and the ‘Instrument’ identifier), as submitted under the statistical reporting requirements in accordance with Regulation (EU) 2016/867 of the European Central Bank (ECB/2016/13) ( 21 ).

▼B

(b) 

They, or relevant central credit registers, banking supervision competent authorities or external auditors, shall perform random checks in respect of the quality and accuracy of the written confirmation of counterparties, by means of delivery of physical documentation or through on-site visits. The information checked in relation to each credit claim shall cover as a minimum the characteristics that determine the existence and the eligibility of credit claims. For counterparties with ECAF-approved internal ratings-based (IRB) systems, additional checks on the credit quality assessment of credit claims shall be carried out involving checks of PDs with respect to debtors of credit claims that are used as collateral in Eurosystem credit operations.

2.  
For the checks that are undertaken in accordance with Article 100 or paragraphs 1(a) and (b) of this Article by NCBs, supervisors, external auditors or central credit registers, those undertaking the checks shall be authorised to carry out these investigations, if necessary contractually or in accordance with the applicable national requirements.

Article 102

Validity of the agreement for the mobilisation of credit claims

The agreement for the mobilisation of the credit claim as collateral shall be valid between the counterparty and the relevant NCB under the applicable national law. ►M9  All the necessary legal formalities to ensure the validity of the agreement and to ensure the mobilisation of a credit claim as collateral shall be fulfilled by the counterparty and/or the transferee, as appropriate. ◄

Article 103

Full effect of the mobilisation vis-à-vis third parties

1.  
The agreement for the mobilisation of the credit claim as collateral shall be valid vis-à-vis third parties under the applicable national law. All legal formalities necessary to ensure valid mobilisation shall be fulfilled by the counterparty and/or the transferee, as appropriate.
2.  

As regards notification of the debtor, the following shall apply, depending on the applicable national law.

(a) 

If debtor notification or public registration of the mobilisation of a credit claim as collateral is necessary to ensure full effectiveness of the mobilisation vis-à-vis third parties, and in particular to ensure the priority of the home NCB's security interest vis-à-vis other creditors, these notification or registration requirements shall be completed in advance or at the time of the credit claim's actual mobilisation as collateral.

(b) 

If ex ante notification of the debtor or public registration of the mobilisation of a credit claim as collateral is not required in accordance with point (a), as specified in the applicable national documentation, ex post notification of the debtor is required. Ex post notification means that the debtor shall be notified by the counterparty or the home NCB, as specified by the national documentation, about the credit claim being mobilised as collateral by the counterparty to the benefit of the NCB immediately following an event of default or similar credit event as further specified in the applicable national documentation.

(c) 

The NCBs may decide to require ex ante notification or public registration in advance or at the time of mobilisation, even if these formalities are not necessary for the purposes set out in point (a).

(d) 

For credit claims that are bearer instruments, the home NCB may require that such bearer instruments are physically transferred to it or to a third party in advance, or at the time of actual mobilisation as collateral. The notification requirements set out in points (a) and (b) shall not apply to credit claims that are bearer instruments.

3.  
The above are minimum requirements. NCBs may decide to require ex ante notification or registration in addition to the situations above, including in the case of bearer instruments.

Article 104

Absence of restrictions concerning mobilisation and realisation of credit claims

▼M13

1.  
Credit claims shall be fully transferable and capable of being mobilised without restriction for the benefit of the Eurosystem. The credit claim agreement, other contractual arrangements between the counterparty and the debtor or, where a guarantee in respect of such credit claim exists, the guarantee, shall not contain any restrictive provisions on mobilisation as collateral, unless national legislation provides that such contractual restrictions cannot impact the transferability and mobilisation of the credit claim or are without prejudice to the Eurosystem’s rights with respect to the mobilisation of collateral.
2.  
Credit claims shall be capable of realisation without restriction for the benefit of the Eurosystem. The credit claim agreement, other contractual arrangements between the counterparty and the debtor or, where a guarantee in respect of such credit claim exists, the guarantee, shall not contain any restrictive provisions regarding the realisation of the credit claim used as collateral for Eurosystem credit operations, including any form, time or other requirement with regard to realisation.

▼B

3.  
Notwithstanding paragraphs 1 and 2, the provisions restricting the assignment of syndicated loan shares to banks, financial institutions and entities which are regularly engaged in or established for the purpose of creating, purchasing or investing in loans, securities or other financial assets shall not be considered as a restriction on the realisation of the credit claim.

▼M13

3a.  
NCBs shall employ a mechanism to ensure that set-off risk has been excluded or significantly mitigated when they accept credit claims as collateral.

▼B

4.  
Notwithstanding paragraphs 1 and 2, a facility agent for the collection and distribution of payments and administration of the loan shall not be considered as a restriction on the mobilisation and realisation of a syndicated loan share, provided that: (a) the facility agent is a credit institution located in the Union; and (b) the service relationship between the relevant syndicate member and the facility agent can be transferred alongside or as part of the syndicated loan share.

Article 105

Absence of restrictions concerning banking secrecy and confidentiality

The counterparty and the debtor shall have agreed contractually that the debtor unconditionally consents to disclosure by the counterparty to the Eurosystem of details in respect of the credit claim and on the debtor that are required by the home NCB for the purpose of ensuring that a valid security is created over credit claims and that the credit claims can be swiftly realised in the event of a counterparty default. This requirement shall not be necessary if unrestricted provision of such information is ensured under the applicable national law, as specified in the applicable national documentation of the home NCB.

Section 2

Eligibility criteria for fixed-term deposits

Article 106

Eligibility criteria for fixed-term deposits

Fixed-term deposits, as described in Article 12, that are held by a counterparty shall be eligible assets as collateral for Eurosystem credit operations.

Section 3

Eligibility criteria for RMBDs

Article 107

Eligibility criteria for RMBDs

1.  
An RMBD shall be a promissory note or a bill of exchange that is secured by a pool of residential mortgages but falls short of full securitisation. Substitution of assets in the underlying pool shall be possible and a mechanism shall be in place to ensure that the home NCB enjoys priority over creditors other than those exempted for public policy reasons.
2.  
RMBDs shall have a fixed, unconditional principal amount and an interest rate that cannot result in a negative cash flow.
3.  
RMBDs shall comply with the Eurosystem's credit quality requirements specified in the ECAF rules for RMBDs as laid down in Chapter 2 of Title III of this Part Four.
4.  
RMBDs shall be issued by credit institutions that are counterparties which are established in a Member State whose currency is the euro.
5.  
RMBDs shall be denominated in euro or in one of the former currencies of Member States whose currency is the euro.
6.  
An issuer of RMBDs shall self-certify, as a minimum on a monthly basis, that the residential mortgages that form the cover pool comply with the eligibility criteria specified in the national arrangements established by the home NCB and on which the credit assessment is based.
7.  
The mobilisation, use and handling procedures in respect of RMBDs shall be subject to the Eurosystem procedures as defined in the national documentation of the home NCB.

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Section 4

Eligibility criteria for DECCs

Article 107a

Eligible type of asset

1.  
The eligible type of asset shall be debt instruments within the definition of DECCs given in Article 2(70a).

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2.  
DECCs shall have a fixed, unconditional principal amount and a coupon structure that complies with the criteria set forth in Article 63. The cover pool shall only contain credit claims for which a specific ECB DECC loan-level data reporting template is available.

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3.  
The underlying credit claims shall be those granted to debtors established in a Member State whose currency is the euro. The originator shall be a Eurosystem counterparty established in a Member State whose currency is the euro and the issuer shall have acquired the credit claim from the originator.

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4.  
The DECC issuer shall be a special purpose entity established in a Member State whose currency is the euro. Parties to the transaction, other than the issuer, the debtors of the underlying credit claims, and the originator, shall be established in the EEA.

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5.  
The DECCs shall be denominated in euro or in one of the former currencies of the Member States whose currency is the euro.
6.  
After having carried out a positive assessment, the Eurosystem shall approve the DECC structure as being eligible as Eurosystem collateral.

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7.  
The governing law applicable to the DECC, the originator, the debtors and, where relevant, the guarantors of the underlying credit claims, the underlying credit claim agreements and any agreements ensuring the direct or indirect transfer of the underlying credit claims from the originator to the issuer shall be the law of the jurisdiction where the issuer is established. This requirement shall only apply to the guarantors of the underlying credit claims where a guarantee is used to establish compliance with the credit quality requirements of the credit claim.

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8.  
DECCs shall comply with the requirements on the place of issue and settlement procedures as laid down in Articles 66 and 67.

Article 107b

Non-subordination with respect to DECCs

DECCs shall not give rise to rights to the principal and/or the interest that are subordinated to the rights of holders of other debt instruments of the same issuer.

Article 107c

Credit quality requirements

DECCs shall comply with the Eurosystem's credit quality requirements as laid down in Section 3 of Chapter 2 of Title III of this Part Four.

Article 107d

Acquisition of the underlying credit claims by the issuer

The pool of underlying credit claims shall have been acquired by the issuer from the originator in a manner which the Eurosystem considers to be a ‘true sale’ or equivalent to a ‘true sale’ that is enforceable against any third party, and which is beyond the reach of the originator and its creditors, including in the event of the originator's insolvency.

Article 107e

Transparency requirements for DECCs

1.  
DECCs shall fulfil transparency requirements at the level of the DECCs' structure and at the level of the underlying individual credit claims.
2.  
At the level of the DECCs' structure, detailed information on the DECCs' key transaction data, such as identification of the parties to the transaction, a summary of the DECCs' key structural features, a summary description of collateral and the DECCs' terms and conditions shall be made publicly available. The Eurosystem may, in the course of its assessment, require any transaction documentation and legal opinions deemed necessary from any third party it considers relevant, including, but not restricted to, the issuer and/or the originator.

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3.  
At the level of the underlying individual credit claims, comprehensive and standardised loan-level data on the pool of underlying credit claims shall be made available in accordance with the procedures and subject to the same checks applicable to cash-flow generating assets backing ABSs as set out in Annex VIII, except with respect to the reporting frequency, the applicable loan-level data reporting template and the submission by the relevant parties of loan-level data to a loan-level data repository. In order for DECCs to be eligible, all underlying credit claims shall be homogenous, i.e. it must be possible to report them using a single ECB DECC loan-level data reporting template. The Eurosystem may determine that a DECC is not homogenous after evaluating the relevant data.

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4.  
Loan-level data shall be reported on at least a monthly basis, no later than one month following the cut-off date. The cut-off date for which loan-level data shall be reported is the last calendar day of the month. If loan-level data are not reported or updated within one month following the cut-off date, then the DECC shall cease to be eligible.

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5.  

Data quality requirements applied for ABSs shall apply to DECCs, including the specific ECB DECC loan-level data reporting template. The loan-level data shall be submitted in the specific ECB DECC loan-level data reporting template, as published on the ECB's website, to:

(a) 

an ESMA securitisation repository; or

(b) 

a Eurosystem designated repository.

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5a.  
Submissions of loan-level data on DECCs to ESMA securitisation repositories in accordance with paragraph 5(a) shall commence at the beginning of the calendar month immediately following the date which is three months from the ESMA reporting activation date.

Submissions of loan-level data on DECCs to Eurosystem designated repositories in accordance with paragraph 5(b) shall be permitted until the end of the calendar month in which the date three years and three months from the ESMA reporting activation date falls.

The ESMA reporting activation date shall be published by the ECB on its website.

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6.  
In its eligibility assessment, the Eurosystem shall take into account: (a) any failure to deliver mandatory data; and (b) how often individual loan-level data fields do not contain meaningful data.

Article 107f

Types of eligible underlying credit claims

1.  
Each underlying credit claim shall comply with the eligibility criteria for credit claims provided for in Section 1, Chapter 1 of Title III of Part Four, subject to the modifications set out in this Article.
2.  

To ensure that a valid security is created over the underlying credit claims, enabling the issuer and the holders of the DECCs to swiftly realise those claims in the event of the originator's default, the following additional legal requirements as specified in paragraphs 3 to 9 shall be met:

(a) 

verification of the existence of the underlying credit claims;

(b) 

validity of the agreement for the mobilisation of underlying credit claims;

(c) 

full effect of the mobilisation vis-à-vis third parties;

(d) 

an absence of restrictions on the transfer of the underlying credit claims;

(e) 

an absence of restrictions on the realisation of the underlying credit claims;

(f) 

an absence of restrictions related to banking secrecy and confidentiality.

Further details of the specific features of the national jurisdictions shall be provided in the relevant national documentation of the NCBs.

3.  
The NCB of the country where the originator is established, or supervisors or external auditors, shall conduct a one-off verification of the appropriateness of the procedures used by the originator to submit the information on the underlying credit claims to the Eurosystem.
4.  

The NCB of the country where the originator is established shall, as a minimum, take all of the following steps to verify the existence of the underlying credit claims:

(a) 

It shall obtain written confirmation from the originator, at least on a quarterly basis, by which the originators shall confirm:

(i) 

the existence of the underlying credit claims: this confirmation could be replaced with cross-checks of information held in central credit registers, where these exist;

(ii) 

compliance of the underlying credit claims with the eligibility criteria applied by the Eurosystem;

(iii) 

that the underlying credit claims are not used simultaneously as collateral to the benefit of any third party and that the originator will not mobilise such underlying credit claims as collateral to the Eurosystem or any third party;

(iv) 

that the originator will undertake to communicate to the relevant NCB no later than within the course of the next business day, any event that materially affects the collateral value of the underlying credit claims, in particular early, partial or total repayments, downgrades and material changes in the conditions of the underlying credit claims.

(b) 

The NCB of the country where the originator is located or the relevant central credit registers, banking supervision competent authorities or external auditors, shall perform random checks in respect of the quality and accuracy of the written confirmation of originators, by means of delivery of physical documentation or through on-site visits. The information checked in relation to each underlying credit claim shall cover as a minimum the characteristics that determine the existence and the eligibility of underlying credit claims. For originators with ECAF-approved internal ratings-based (IRB) systems, additional checks on the credit quality assessment of underlying credit claims shall be carried out involving checks of PDs with respect to debtors of credit claims backing DECCs that are used as collateral in Eurosystem credit operations.

(c) 

For the checks that are undertaken in accordance with Article 107f(3), (4)(a) or (4)(b) by NCB of the country where the originator is located, supervisors, external auditors or central credit registers, those undertaking the checks shall be authorised to carry out these investigations, if necessary contractually or in accordance with the applicable national requirements.

5.  

The agreement for the transfer of the underlying credit claims to the issuer or for their mobilisation by way of transfer, assignment or pledge shall be valid between the issuer and the originator and/or the transferee/assignee/pledgee, as appropriate, under the applicable national law. All the necessary legal formalities to ensure the validity of the agreement and to ensure the valid indirect or direct transfer of the underlying credit claims as collateral shall be fulfilled by the originator and/or the transferee, as appropriate. As regards notification of the debtor, the following shall apply, depending on the applicable national law.

(a) 

At times it may be necessary to have debtor notification or public registration of: (i) the transfer (direct or indirect) of the underlying credit claims to the issuer; or (ii) when counterparties mobilise DECCs as collateral to the home NCB to ensure full effectiveness of such a transfer or mobilisation vis-à-vis third parties; and in particular (iii) to ensure the priority of the issuer's security interest (with respect to the underlying credit claims) and/or the home NCB's security interest (with respect to the DECCs as collateral) vis-à-vis other creditors. In such cases, these notification or registration requirements shall be completed: (i) in advance or at the time of the underlying credit claims' actual transfer (direct or indirect) to the issuer; or (ii) at the time that counterparties mobilise the DECCs as collateral to the home NCB.

(b) 

If exante notification of the debtor or public registration is not required in accordance with point (a), as specified in the applicable national documentation, ex post notification of the debtor is required. Ex post notification means that the debtor shall be notified, as specified by national documentation, about the underlying credit claims being transferred or mobilised immediately following an event of default or similar credit event as further specified in the applicable national documentation.

(c) 

Points (a) and (b) are minimum requirements. The Eurosystem may decide to require ex ante notification or registration in addition to the situations above, including in the case of bearer instruments.

6.  
The underlying credit claims shall be fully transferable and capable of being transferred to the issuer without restriction. The underlying credit claims agreements or other contractual arrangements between the originator and the debtor shall not contain any restrictive provisions on transfer of collateral. The underlying credit claims agreements or other contractual arrangements between the originator and the debtor shall not contain any restrictive provisions regarding the realisation of the underlying credit claims, including any restrictions regarding form, time or other requirement with regard to realisation, so the Eurosystem shall be able to realise the DECCs' collateral.
7.  
Notwithstanding paragraph 6, the provisions restricting the assignment of syndicated loan shares to banks, financial institutions and entities which are regularly engaged in or established for the purpose of creating, purchasing or investing in loans, securities or other financial assets shall not be considered as a restriction on the realisation of the underlying credit claims.
8.  

Notwithstanding the paragraphs 6 and 7, a facility agent for the collection and distribution of payments and administration of the loan shall not be considered as a restriction on the transfer and realisation of a syndicated loan share, provided that:

(a) 

the facility agent is a credit institution located in a Member State; and

(b) 

the service relationship between the relevant syndicate member and the facility agent can be transferred alongside or as part of the syndicated loan share.

9.  
The originator and the debtor shall have agreed contractually that the debtor unconditionally consents to disclosure by the originator, issuer and any counterparty mobilising the DECC to the Eurosystem of details in respect of that underlying credit claim and on the debtor that are required by the relevant NCB for the purpose of ensuring that a valid security is created over the underlying credit claims and that the underlying credit claims can be swiftly realised in the event the originator/issuer defaults.

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CHAPTER 2

Eurosystem's credit quality requirements for non-marketable assets

Article 108

Eurosystem's credit quality requirements for non-marketable assets

In order for non-marketable assets to be eligible, the following Eurosystem credit quality requirements shall apply.

(a) 

For credit claims, the credit quality of credit claims shall be assessed on the basis of the credit quality of the debtor or guarantor, which shall comply, as a minimum, with credit quality step 3, as specified in the Eurosystem's harmonised rating scale.

(b) 

For RMBDs, a credit quality assessment shall comply, as a minimum, with credit quality step 2, as specified in the Eurosystem's harmonised rating scale.

Section 1

Eurosystem's credit quality requirements for credit claims

Article 109

General rules for the credit quality assessment of credit claims

1.  
The Eurosystem shall assess the credit quality of credit claims on the basis of the credit quality of the debtors or guarantors provided by the credit assessment system or source selected by the counterparty in accordance with Article 110.
2.  
Counterparties shall within the course of the next business day inform the relevant NCB of any credit event, including a delay in payments by the debtors of the credit claims mobilised as collateral, that is known to the counterparty and, if requested by the relevant NCB, withdraw or replace the assets.
3.  
Counterparties shall be responsible for ensuring that they use the most recent credit quality assessment available from their selected credit assessment system or source for the debtors or guarantors of credit claims mobilised as collateral.

Article 110

Selection of the credit assessment system or source

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1.  
Counterparties mobilising credit claims as collateral shall select one credit assessment system from one of the three credit assessment sources accepted by the Eurosystem in accordance with the general acceptance criteria in Title V of part Four. Where the ECAI source is selected by the counterparties, any ECAI system may be used.

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2.  
Further to paragraph 1, NCBs may allow counterparties to use more than one credit assessment system or source upon submission of a reasoned request to the home NCB supported by an adequate business case based on the lack of sufficient coverage of the ‘main’ credit assessment source or system.
3.  
In cases where counterparties are allowed to use more than one credit assessment system or credit assessment source, the ‘main’ system or source is expected to be the one providing the credit quality assessment of the largest number of debtors from the credit claims mobilised as collateral. If a credit assessment for a debtor or guarantor is available from this main system or source, only this credit assessment shall determine the eligibility and valuation haircuts applicable to the debtor or guarantor.
4.  
Counterparties shall use the selected credit assessment systems or sources for a minimum period of 12 months.
5.  
After the period specified in paragraph 4, counterparties may submit an explicit reasoned request to the home NCB to change the selected credit assessment system or source.
6.  
In certain circumstances and particularly when a counterparty phases-in its IRB system or begins using credit claims as collateral, upon submission of a reasoned request, an NCB may exceptionally grant a derogation to a counterparty with respect to the 12-month minimum period restriction specified in paragraph 4 and allow the counterparty to change its selected credit assessment system or source within that period.
7.  
If the counterparty has chosen the ECAI credit assessment source, it may use an ECAI debtor or ECAI guarantor rating. If multiple ECAI debtor and/or ECAI guarantor ratings are available for the same credit claim, then the best available ECAI credit assessment of those may be used.

Article 111

Credit assessment of credit claims with public sector entities, or non-financial corporations, as debtors or guarantors

1.  

The Eurosystem shall assess the credit quality of credit claims with public sector entities acting as debtors or guarantors in accordance with the following rules, applied in the following order.

(a) 

If a credit assessment from the system or source selected by the counterparty exists, the Eurosystem shall use it to establish whether the public sector entity acting as debtor or guarantor meets the Eurosystem's credit quality requirements for non-marketable assets laid down in Article 108.

(b) 

In the absence of a credit assessment under point (a), the Eurosystem shall use an ECAI credit assessment provided by an accepted ECAI system for the public sector entity acting as debtor or guarantor.

(c) 

If a credit assessment is unavailable pursuant to points (a) or (b), the procedure laid down in Article 87 for marketable assets shall apply to the relevant public sector entity as debtor or guarantor.

2.  
The Eurosystem shall assess the credit quality of credit claims with non-financial corporations as debtors or guarantors as follows: the credit assessment provided by the credit assessment system or source selected by the counterparty shall meet the Eurosystem's credit quality requirements for non-marketable assets laid down in Article 108.

Section 2

Eurosystem's credit quality requirements for RMBDs

Article 112

Establishment of Eurosystem's credit quality requirements for RMBDs

For the purpose of meeting the credit quality requirements laid down in Article 108, the home NCB shall assess the credit quality of RMBDs on the basis of a jurisdiction-specific credit quality assessment framework laid down in the applicable national documentation.

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Section 3

The Eurosystem's credit quality requirements for DECCs

Article 112a

The Eurosystem's credit quality requirements for DECCs

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1.  
DECCs shall not be required to be assessed by one of the three credit assessment sources accepted by the Eurosystem in accordance with the general acceptance criteria in Title V of Part Four.
2.  
Each underlying credit claim in the cover pool of DECCs shall have a credit assessment provided by one of the three credit assessment sources accepted by the Eurosystem in accordance with the general acceptance criteria in Title V of Part Four. In addition, the credit assessment system or source used shall be the same system or source selected by the originator in accordance with Article 110. The rules on the Eurosystem's credit quality requirements for the underlying credit claims laid down in Section 1 shall be applicable.

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3.  
The credit quality of each underlying credit claim in the cover pool of DECCs shall be assessed on the basis of the credit quality of the debtor or guarantor, which shall comply, as a minimum, with credit quality step 3, as specified in the Eurosystem's harmonised rating scale.

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TITLE IV

GUARANTEES FOR MARKETABLE AND NON-MARKETABLE ASSETS

Article 113

Applicable requirements for guarantees

1.  
The Eurosystem's credit quality requirements may be established on the basis of credit assessments provided in respect of guarantors in accordance with Articles 82 to 84 in respect of marketable assets and Article 108 in respect of credit claims.

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2.  
Guarantees provided by guarantors that are used to establish compliance with the Eurosystem’s credit quality requirements shall comply with this Title.

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3.  
For the purposes of paragraph 1, the relevant guarantor shall be separately assessed on the basis of its credit assessment and shall meet the Eurosystem's credit quality requirements.

Article 114

Features of the guarantee

1.  
In accordance with the terms of the guarantee, the guarantor shall provide an unconditional and irrevocable first-demand guarantee in respect of the obligations of the issuer or debtor in relation to the payment of the principal, interest and any other amounts due under the marketable asset or credit claim to the holders or creditor thereof, until the marketable asset or credit claim is discharged in full. In this regard, a guarantee shall not be required to be specific to the marketable asset or credit claim but may apply to the issuer or debtor only, provided that the relevant marketable asset or credit claim is covered by the guarantee.
2.  
The guarantee shall be payable on first demand independently of the guaranteed marketable asset or credit claim. Guarantees given by public sector entities with the right to levy taxes shall either be payable on first demand or otherwise provide for prompt and punctual payment following any default.
3.  
The guarantee shall be legally valid, binding and enforceable against the guarantor.
4.  
The guarantee shall be governed by the law of a Member State.

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5.  
If the guarantor is not a public sector entity with the right to levy taxes, a legal confirmation concerning the legal validity, binding effect and enforceability of the guarantee shall be submitted to the relevant NCB in a form and substance acceptable to the Eurosystem before the marketable assets or credit claim supported by the guarantee can be considered eligible. The legal confirmation shall be prepared by persons who are independent of the counterparty, the issuer/debtor and the guarantor, and legally qualified to issue such confirmation under the applicable law, e.g. lawyers practising in a law firm, or working in a recognised academic institution or public body. The legal confirmation shall also state that the guarantee is not a personal one and is only enforceable by the holders of the marketable assets or the creditor of the credit claim. If the guarantor is established in a jurisdiction other than the one of the law governing the guarantee, the legal confirmation shall also confirm that the guarantee is valid and enforceable under the law of the jurisdiction in which the guarantor is established. For marketable assets, the legal confirmation shall be submitted by the counterparty for review to the NCB that is reporting the relevant asset supported by a guarantee for inclusion in the list of eligible assets. For credit claims, the legal confirmation shall be submitted by the counterparty seeking to mobilise the credit claim for review to the NCB in the jurisdiction of the law governing the credit claim. The requirement of enforceability is subject to any insolvency or bankruptcy laws, general principles of equity and other similar laws and principles applicable to the guarantor and generally affecting creditors' rights against the guarantor.

▼B

Article 115

Non-subordination of the obligations of the guarantor

The obligations of the guarantor under the guarantee shall at least rank equally, pari passu, and rateably, pro rata, with all other unsecured obligations of the guarantor.

Article 116

Credit quality requirements for guarantors

The guarantor shall comply with the Eurosystem's credit quality requirements specified under the ECAF rules for guarantors of marketable assets laid down in Articles 82 to 84 or with the rules for guarantors of credit claims laid down in Article 108.

Article 117

Type of guarantor

The guarantor shall be:

(a) 

for marketable assets in accordance with Article 69: a central bank of a Member State, a public sector entity, an agency, a credit institution, a financial corporation other than a credit institution, a non-financial corporation, a multilateral development bank or an international organisation; or

(b) 

for credit claims in accordance with Article 95: a non-financial corporation, a public sector entity, a multilateral development bank or an international organisation.

Article 118

Place of establishment of guarantor

1.  

The guarantor shall be established:

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(a) 

in the case of marketable assets in accordance with Article 70, in the EEA, unless a guarantee is not used to establish the compliance of that marketable asset with the credit quality requirements for a specific debt instrument. The possibility to use an ECAI guarantor rating to establish the relevant credit quality requirements for marketable assets is addressed in Article 84;

▼B

(b) 

for debt instruments guaranteed by non-financial corporations for which no credit assessment has been provided by an accepted ECAI for the issue, the issuer or the guarantor, in accordance with Article 70, the guarantor shall be established in a Member State whose currency is the euro;

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(c) 

in the case of credit claims in accordance with Article 96, in a Member State whose currency is the euro, unless a guarantee is not used to establish the compliance of that credit claim with the credit quality requirements for non-marketable assets. The option to use a credit assessment in respect of a guarantor to establish the compliance of that credit claim with the relevant credit quality requirements for credit claims is addressed in Article 108.

▼B

2.  
Notwithstanding paragraph 1, in accordance with Articles 70 and 96, multilateral development banks and international organisations shall be eligible guarantors irrespective of their place of establishment.

TITLE V

EUROSYSTEM CREDIT ASSESSMENT FRAMEWORK FOR ELIGIBLE ASSETS

Article 119

Accepted credit assessment sources and systems

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1.  

The credit assessment information on which the Eurosystem bases the eligibility assessment of assets eligible as collateral for Eurosystem credit operations shall be provided by credit assessment systems belonging to one of the three following sources:

(a) 

ECAIs;

(b) 

NCBs' in-house credit assessment systems (ICASs);

(c) 

counterparties' internal rating-based (IRB) systems.

2.  
Under each credit assessment source listed in paragraph 1 there may be a set of credit assessment systems. Credit assessment systems shall comply with the acceptance criteria laid down in this Title. A list of the accepted credit assessment systems, i.e. the list of accepted ECAIs and ICASs, is published on the ECB's website.

▼B

3.  
All accepted credit assessment systems shall be subject to the ECAF performance monitoring process as laid down in Article 126.
4.  
By publishing information on the accepted credit assessment systems in conjunction with its Eurosystem credit operations, the Eurosystem shall not assume any responsibility for its evaluation of accepted credit assessment systems.
5.  
In the event of an infringement of the ECAF rules and procedures, the relevant credit assessment system may be excluded from the ECAF-accepted systems.

Article 120

General acceptance criteria for external credit assessment institutions as credit assessment systems

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1.  

For the purposes of the ECAF, the general acceptance criteria for ECAIs shall be the following:

(a) 

ECAIs shall be registered by the European Securities and Markets Authority in accordance with Regulation (EC) No 1060/2009.

(b) 

ECAIs shall fulfil operational criteria and provide relevant coverage so as to ensure the efficient implementation of the ECAF. In particular, the use of an ECAI credit assessment is subject to the availability to the Eurosystem of information on these assessments, as well as information for the comparison and the assignment, i.e. mapping of the assessments to the Eurosystem's credit quality steps and for the purposes of the performance monitoring process under Article 126.

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2.  
Following the application process outlined in Annex IXc, the Eurosystem reserves the right to decide whether to initiate an ECAF acceptance procedure upon request from a credit rating agency (CRA). In making its decision, the Eurosystem shall take into account, among other things, whether the CRA provides relevant coverage for the efficient implementation of the ECAF in accordance with the requirements set out in Annex IXa.
2a.  
Following the initiation of an ECAF acceptance procedure, the Eurosystem shall investigate all additional information deemed relevant to ensure the efficient implementation of the ECAF, including the ECAI’s capacity (i) to fulfil the criteria and rules of the ECAF performance monitoring process in accordance with the requirements set out in Annex IX and the specific criteria in Annex IXb (if relevant); and (ii) to comply with the acceptance criteria set out in Annex IXc. The Eurosystem reserves the right to decide whether to accept an ECAI for the purposes of the ECAF on the basis of the information provided and its own due diligence assessment.

▼B

3.  
Together with the submitted data for ECAF performance monitoring in accordance with Article 126, the ECAI shall submit a signed certification from the CEO of the ECAI, or authorised signatory with responsibility for the audit or compliance function within the ECAI, confirming the accuracy and validity of the submitted performance monitoring information.

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4.  
ECAIs shall be transparent in relation to the incorporation of climate change risk in their methodologies and ratings, where such climate change risk can be a source of credit risk. They shall provide regular updates to the ECB on their activities in this field.

▼B

Article 121

General acceptance criteria and operational procedures for the NCBs' in-house credit assessment systems

1.  
NCBs may decide to use their own ICAS for the purpose of credit assessment. The decision of an NCB to use its own ICAS shall be subject to a validation procedure by the Eurosystem.
2.  
A credit assessment by means of ICAS may be performed in advance, or on a counterparty's specific request upon submission of an asset to the NCB using ICAS (the ‘ICAS NCB’).
3.  
With regard to paragraph 2, upon submission of an asset to the ICAS NCB in respect of which the eligibility of a debtor or guarantor shall be assessed, the ICAS NCB informs the counterparty either of its eligibility status or of the lead time necessary to establish a credit assessment. If an ICAS is limited in scope and only assesses specific types of debtors or guarantors, or if the ICAS NCB is unable to receive the information and data necessary for its credit assessment, the ICAS NCB will inform the counterparty thereof without delay. In both cases, the relevant debtor or guarantor is considered ineligible, unless the assets are compliant with credit quality requirements in accordance with an alternative credit assessment source or credit assessment system which the counterparty is allowedto use according to Article 110. In the event that mobilised assets become ineligible due to the deterioration of the creditworthiness of the debtor or the guarantor, the asset shall be removed at the earliest possible date. Since there is neither a contractual relationship between the non-financial corporations and the ICAS NCB, nor any legal obligation for these corporations to provide non-public information to the ICAS NCB, the information is provided on a voluntary basis.
4.  
In countries in which RMBDs are mobilised as collateral for Eurosystem credit operations, the home NCB shall implement a credit assessment framework for this type of asset in accordance with the ECAF. Such frameworks shall be subject to a validation procedure by the Eurosystem and to a yearly performance monitoring process, as further specified in Article 126.

Article 122

General acceptance criteria for internal ratings-based systems

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1.  
To obtain ECAF approval of an IRB system, a counterparty shall file a request with the home NCB. An IRB system may only be approved in the ECAF if the counterparty has been authorised by the competent authority to use it for capital requirements purposes. Where an IRB system has been so authorised, but such authorisation is subsequently withdrawn, ECAF approval is withdrawn at the same time.

▼B

2.  
The requirement in paragraph 1 shall apply to all counterparties intending to use an IRB system regardless of their status, i.e. parent, subsidiary or branch, and regardless of whether the endorsement of the IRB system comes from the competent authority in the same country, for a parent company and possibly for subsidiaries, or from a competent authority in the home country of the parent, for branches and possibly for subsidiaries.
3.  

A request filed by a counterparty in accordance with paragraph 1 shall include the following information and documents which, if necessary, shall be translated into a working language of the home NCB:

(a) 

a copy of the decision of the competent authority authorising the counterparty to use its IRB system for capital requirements purposes on a consolidated or non-consolidated basis, together with any specific conditions for such use;

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(b) 

an up-to-date assessment by the competent authority reflecting the currently available information on all issues affecting the use of the IRB for collateral purposes and all issues relating to the data used for the ECAF performance monitoring process;

▼B

(c) 

information on any changes to the counterparty's IRB system recommended or required by the competent authority, together with the deadline by which such changes must be implemented;

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(d) 

information on its approach to assigning probabilities of default to debtors, as well as data on the rating grades and associated one-year probabilities of default used to determine eligible rating grades. The probability of default, as referred to in Article 59(3), reported by the counterparty’s IRB system shall be the ‘final’ probability of default used for the calculation of own fund requirements, including any supervisory regulatory floors, add-ons, appropriate adjustments, margin of conservatism, overrides and mapping to master scales;

▼B

(e) 

a copy of the latest Pillar 3 (market discipline) information that the counterparty is required to publish on a regular basis in accordance with the requirements on market discipline under the Basel III Framework, Directive 2013/36/EU and Regulation (EU) No 575/2013;

(f) 

the name and the address of the competent authority and the external auditor;

(g) 

information on the historical record of the counterparty's IRB system's observed default rates per rating grades covering the five calendar years preceding the relevant request. If the competent authority granted the IRB system's authorisation for capital requirements purposes during these calendar years, the information shall cover the time since the IRB system's authorisation for capital requirements purposes. The historical annual data on the observed default rates and potential additional information shall comply with the provisions for performance monitoring in Article 126 as if the IRB system had been subject to these provisions over this time period;

(h) 

information required for performance monitoring outlined in Article 126 as requested from already ECAF-approved IRB systems for the ongoing calendar year at the time of the filing of the request.

4.  
A counterparty shall not be required to file the information under points (a) to (c) when such information is transmitted directly by the competent authority to the home NCB upon the NCB's request.
5.  
The request made by the counterparty under paragraph 1 shall be signed by the counterparty's CEO, CFO or a manager of similar seniority, or by an authorised signatory on behalf of one of them.

Article 123

Reporting obligations of counterparties using an internal ratings-based system

1.  
Counterparties shall communicate information to the home NCB on Article 122(3)(b) to (f) on an annual basis, or as and when required by the home NCB, unless such information is transmitted directly by the competent authority to the home NCB upon the NCB's request.
2.  
The annual communication referred to in paragraph 1 shall be signed by the counterparty's CEO, CFO or a manager of similar seniority, or by an authorised signatory on behalf of one of them. The competent authority and, where applicable, the external auditor of the counterparty shall receive a copy of this letter from the Eurosystem.
3.  
As part of the regular monitoring on IRB systems, the NCB shall perform on- and off-site inspections on the statistical information provided by counterparties for the purpose of the annual performance monitoring process. The objective of such controls shall be to verify that static pools are correct, accurate and complete.
4.  

Counterparties shall fulfil any further operational criteria specified in the relevant contractual or regulatory arrangements applied by the home NCB, including provisions in relation to:

(a) 

ad hoc checks on the procedures in place for communicating a credit claim's features to the home NCB;

(b) 

annual checks by the home NCB (or, where relevant, the competent authority or external auditor) to establish the accuracy and validity of static pools as referred to in Annex IX;

(c) 

the provision, no later than within the course of the next business day, of information in respect of eligibility changes and the immediate withdrawal of relevant credit claims, if necessary;

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(d) 

notifications to the home NCB of facts or circumstances that could materially influence the continued use of the IRB system for ECAF purposes or the way in which the IRB system leads to the establishment of eligible collateral, including in particular material changes to a counterparty’s IRB system which may impact on the manner in which the IRB system’s rating grades or probabilities of default correspond with the Eurosystem harmonised rating scale. These shall include, but are not limited to, any changes affecting the probabilities of default, as referred to in Article 122(3), point (d), used by the IRB system to calculate own funds requirements.

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Article 126

ECAF performance monitoring process

1.  
On an annual basis, all accepted credit assessment systems shall be subject to the ECAF performance monitoring process, in accordance with Annex IX, for the purpose of ensuring that the mapping of the credit assessment information provided by the credit assessment system to the Eurosystem's harmonised rating scale remains appropriate and that the results from credit assessments are comparable across systems and sources.
2.  
The Eurosystem reserves the right to request any additional information required to conduct the performance monitoring process.
3.  
The performance monitoring process may result in a correction of the manner in which the credit assessment information provided by the credit assessment system corresponds to the Eurosystem's harmonised rating scale.
4.  
The Eurosystem may decide to suspend or exclude a credit assessment system on the basis of the outcome of the performance monitoring process.
5.  
In the event of an infringement of a rule related to the ECAF performance monitoring process, the relevant credit assessment system may be excluded from the list of ECAF-accepted systems.

TITLE VI

RISK CONTROL AND VALUATION FRAMEWORK OF MARKETABLE AND NON-MARKETABLE ASSETS

Article 127

Purpose of the risk control and valuation framework

1.  
Eligible assets mobilised as collateral for Eurosystem credit operations shall be subject to the risk control measures laid down in Article 128(1), which aim to protecting the Eurosystem against the risk of financial loss in the event of a counterparty's default.
2.  
The Eurosystem may at any time apply additional risk control measures, as laid down in Article 128(2), if required to ensure adequate risk protection of the Eurosystem in line with Article 18.1 of the Statute of the ESCB. Additional risk control measures may also be applied at the level of individual counterparties, if required to ensure such protection.
3.  
All risk control measures applied by the Eurosystem shall ensure consistent, transparent and non-discriminatory conditions for any type of mobilised eligible asset across the Member States whose currency is the euro.

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Article 128

Risk control measures

1.  

The Eurosystem shall apply the following risk control measures for eligible assets:

(a) 

valuation haircuts as laid down in Guideline (EU) 2016/65 of the European Central Bank (ECB/2015/35) ( 22 );

(b) 

variation margins (marking-to-market):

the Eurosystem requires the haircut-adjusted market value of the eligible assets used in its liquidity-providing reverse transactions to be maintained over time. If the value of the eligible assets, which are measured on a daily basis, falls below a certain level, the home NCB shall require the counterparty to supply additional assets or cash by way of a margin call. Similarly, if the value of the eligible assets exceeds a certain level following their revaluation, the NCB may return the excess assets or cash;

(c) 

limits in relation to the use of unsecured debt instruments issued by a credit institution or by any other entity with which that credit institution has close links as described in Article 138;

(d) 

valuation markdowns as laid down in Guideline (EU) 2016/65 (ECB/2015/35).

2.  

The Eurosystem may apply the following additional risk control measures:

(a) 

initial margins, meaning that counterparties provide eligible assets with a value at least equal to the liquidity provided by the Eurosystem plus the value of the relevant initial margin;

(b) 

limits in relation to issuers, debtors or guarantors: the Eurosystem may apply additional limits, other than those applied to the use of unsecured debt instruments referred to in paragraph (1)(c), to the exposure vis-à-vis issuers, debtors or guarantors;

(c) 

supplementary haircuts;

(d) 

additional guarantees from guarantors meeting the Eurosystem's credit quality requirements in order to accept certain assets;

(e) 

the exclusion of certain assets from use as collateral in Eurosystem credit operations.

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CHAPTER 1

Risk control measures for marketable assets

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CHAPTER 2

Risk control measures for non-marketable assets

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CHAPTER 3

Valuation rules for marketable and non-marketable assets

Article 134

Valuation rules for marketable assets

For the purposes of determining the value of assets used as collateral in open market operations conducted by means of reverse transactions, the NCBs shall apply the following rules.

(a) 

For each eligible marketable asset, the Eurosystem shall define the most representative price to be used for the calculation of the market value.

(b) 

A marketable asset's value shall be calculated on the basis of the most representative price on the business day preceding its valuation date. In the absence of a representative price for a particular asset the Eurosystem shall define a theoretical price.

(c) 

The market or theoretical value of a marketable asset shall be calculated including accrued interest.

(d) 

Depending on differences in national legal systems and operational practices, the treatment of income flows, e.g. coupon payments that are related to an asset and are received during the life of a Eurosystem credit operation, may differ between NCBs. If the income flow is transferred to the counterparty, the home NCB shall ensure that the relevant operations will still be fully covered by a sufficient amount of eligible assets before the transfer of the income takes place. Each NCB shall aim to ensure that the economic effect of the treatment of income flows is equivalent to a situation in which the income is transferred to the counterparty on the payment day.

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Article 135

Valuation rules for non-marketable assets

Non-marketable assets shall be assigned a value by the Eurosystem corresponding to the outstanding amount of such non-marketable assets.

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Article 136

Margin calls

1.  
Assets mobilised as collateral for Eurosystem credit operations shall be subject to daily valuation by NCBs, in accordance with the valuation rules laid down in Articles 134 and 135. If tri-party services are used, the daily valuation process shall be delegated to the relevant TPA and shall be based on information sent by the relevant NCB to the TPA.
2.  
If, after valuation and haircuts, the mobilised assets do not match the requirements as calculated on that day, margin calls shall be performed. If the value of the eligible assets mobilised as collateral by a counterparty, following their revaluation, exceeds the amount owed by the counterparty plus the variation margin, the NCB may return the excess assets or any cash that the counterparty has provided for a margin call.
3.  
In order to reduce the frequency of margin calls, an NCB may apply a threshold of 0,5 % of the amount of liquidity provided. Depending on the applicable national law, if the value of the mobilised assets as collateral falls below th