In Delegated Regulation (EU) 2016/2251, the following Article 30a is inserted:
‘Article 30a
Treatment of derivatives in connection with securitisations for hedging purposes
1. By way of derogation from Article 2(2) and where the conditions set out in paragraph 2 of this Article are met, counterparties may provide in their risk management procedures the following in connection with OTC derivatives contracts that are concluded by a securitisation special purpose entity in connection with a securitisation as defined in point (1) of Article 2 of Regulation (EU) 2017/2402 of the European Parliament and of the Council ( *1 ) and meeting the conditions of Article 4(5) of Regulation (EU) No 648/2012:
(a)
that variation margin is not posted by the securitisation special purpose entity but is collected from its counterparty in cash and returned to its counterparty when due;
(b)
that initial margin is not posted or collected.
2. Paragraph 1 shall apply where all of the following conditions are met:
(a)
the counterparty to the OTC derivative concluded with the securitisation special purpose entity in connection with the securitisation ranks at least pari passu with the holders of the most senior securitisation note, provided that counterparty is neither the defaulting nor the affected party;
(b)
the securitisation special purpose entity for the securitisation to which the OTC derivatives contract is associated is subject to a level of credit enhancement of the most senior securitisation note of at least 2 % of the outstanding notes on an ongoing basis;
(c)
the netting set does not include OTC derivative contracts unrelated to the securitisation.