Commission Delegated Regulation (EU) 2019/396 of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (Text with EEA relevance.)
Amendment to Delegated Regulation (EU) 2015/2205
Delegated Regulation (EU) 2015/2205 is amended as follows:
(1)
in Article 3, the following paragraph is added:
‘3. By way of derogation from paragraphs 1 and 2, in respect of contracts pertaining to a class of OTC derivatives set out in the Annex, the clearing obligation shall take effect 12 months from the date of application of this Regulation where the following conditions are fulfilled:
(a)
the clearing obligation has not been triggered by 14 March 2019;
(b)
the contracts are novated for the sole purpose of replacing the counterparty established in the United Kingdom with a counterparty established in a Member State.’;
(2)
in Article 4, paragraph 3 is replaced by the following:
‘3. For financial counterparties in Category 3 and for transactions referred to in paragraphs 2 and 3 of Article 3 of this Regulation concluded between financial counterparties, the minimum remaining maturity referred to in point (ii) of Article 4(1)(b) of Regulation (EU) No 648/2012, at the date the clearing obligation takes effect, shall be:
(a)
50 years for contracts that belong to the classes of Table 1 or Table 2 of the Annex;
(b)
3 years for contracts that belong to the classes of Table 3 or Table 4 of the Annex.’.
Amendment to Delegated Regulation (EU) 2016/592
Delegated Regulation (EU) 2016/592 is amended as follows:
(1)
in Article 3, the following paragraph is added:
‘3. By way of derogation from paragraphs 1 and 2, in respect of contracts pertaining to a class of OTC derivatives set out in the Annex, the clearing obligation shall take effect 12 months from the date of application of this Regulation where the following conditions are fulfilled:
(a)
the clearing obligation has not been triggered by 14 March 2019;
(b)
the contracts are novated for the sole purpose of replacing the counterparty established in the United Kingdom with a counterparty established in a Member State.’;
(2)
in Article 4, paragraph 3 is replaced by the following:
‘3. For financial counterparties in Category 3 and for transactions referred to in paragraphs 2 and 3 of Article 3 of this Regulation concluded between financial counterparties, the minimum remaining maturity referred to in point (ii) of Article 4(1)(b) of Regulation (EU) No 648/2012, at the date the clearing obligation takes effect, shall be 5 years and 3 months.’.
Amendment to Delegated Regulation (EU) 2016/1178
Delegated Regulation (EU) 2016/1178 is amended as follows:
(1)
in Article 3, the following paragraph is added:
‘3. By way of derogation from paragraphs 1 and 2, in respect of contracts pertaining to a class of OTC derivatives set out in the Annex, the clearing obligation shall take effect 12 months from the date of application of this Regulation where the following conditions are fulfilled:
(a)
the clearing obligation has not been triggered by 14 March 2019;
(b)
the contracts are novated for the sole purpose of replacing the counterparty established in the United Kingdom with a counterparty established in a Member State.’;
(2)
in Article 4, paragraph 3 is replaced by the following:
‘3. For financial counterparties in Category 3 and for transactions referred to in paragraphs 2 and 3 of Article 3 of this Regulation concluded between financial counterparties, the minimum remaining maturity referred to in point (ii) of Article 4(1)(b) of Regulation (EU) No 648/2012, at the date the clearing obligation takes effect, shall be:
(a)
15 years for contracts that belong to the classes in Table 1 set out in Annex I;
(b)
3 years for contracts that belong to the classes in Table 2 set out in Annex I.’.
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
It shall apply from the date following that on which the Treaties cease to apply to and in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union.
However, this Regulation shall not apply in any of the following cases:
(a)
a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) of the Treaty on European Union has entered into force by that date;
(b)
a decision has been taken to extend the two year period referred to in Article 50(3) of the Treaty on European Union.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
