My bookmarksSign up free
Source

Commission Implementing Decision (EU) 2021/85 of 27 January 2021 on the equivalence to the requirements of Regulation (EU) No 648/2012 of the European Parliament and of the Council of the regulatory framework of the United States of America for central counterparties that are authorised and supervised by the U.S. Securities and Exchange Commission (Text with EEA relevance)

Commission Implementing Decision (EU) 2021/85 of 27 January 2021 on the equivalence to the requirements of Regulation (EU) No 648/2012 of the European Parliament and of the Council of the regulatory framework of the United States of America for central counterparties that are authorised and supervised by the U.S. Securities and Exchange Commission (Text with EEA relevance)

Implementing Decision (EU) 2021/85 · Decision · 3 articles

In forceLast amended 2022-04-07

Version history

  1. Superseded version
  2. In force

Data as of 2026-11-02 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Open ↗

For the purposes of Article 25 of Regulation (EU) No 648/2012, the legal and supervisory arrangements of the United States of America for central counterparties (CCPs) which must comply with the rules applicable to covered clearing agencies laid down in Sections 3(a)(23) and 17A of the Securities Exchange Act of 1934, in Titles VII and VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act and in regulations adopted by the U.S. Securities and Exchange Commission thereunder, shall be considered equivalent to the requirements laid down in Regulation (EU) No 648/2012 where the internal rules and procedures of such a CCP include specific risk management measures ensuring that initial margins are calculated and collected on the basis of the following parameters: (a)  in the case of derivative contracts executed on regulated markets, a liquidation period of 2 days calculated on a net basis; (b)  in the case of OTC derivative contracts, a liquidation period of 5 days calculated on a net basis; (c)  in the case of mortgage-backed securities traded on To-Be-Announced basis, a liquidation period of three days calculated on a net basis; (d)  in the case of contracts as referred to in points (a), (b) and (c), measures designed to limit procyclicality equivalent to at least one of the following: (i)  measures applying a margin buffer at least equal to 25 % of the calculated margins which the central counterparty allows to be temporarily exhausted in periods where calculated margin requirements are rising significantly; (ii)  measures assigning at least 25 % weight to stressed observations in the look-back period; (iii)  measures ensuring that margin requirements are not lower than those that would be calculated using volatility estimated over a 10 year historical look-back period.

Article 2

Open ↗

No later than 3 years after the date of entry into force of this Decision and then no later than every 3 years after each previous review under this Article, the Commission shall undertake a review of the grounds on which the determination under Article 1 was made.

Article 3

Open ↗

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Other acts of the same type
2011/526/EU: Commission Decision of 29 September 2010 on State aid C 32/09 (ex NN 50/09) implemented by Germany for the restructuring of Sparkasse KölnBonn (notified under document C(2010) 6470) Text with EEA relevance2010/577/EU: Commission Decision of 28 September 2010 terminating the anti-dumping proceeding concerning imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates and releasing the amounts secured by way of the provisional duties imposedCouncil Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova2010/579/EU: Council Implementing Decision of 27 September 2010 authorising the Federal Republic of Germany and the Grand Duchy of Luxembourg to apply a measure derogating from Article 5 of Directive 2006/112/EC on the common system of value added tax2010/580/EU: Council Implementing Decision of 27 September 2010 authorising the Kingdom of the Netherlands to apply a measure derogating from Article 193 of Directive 2006/112/EC on the common system of value added tax2010/582/EU: Council Implementing Decision of 27 September 2010 authorising the French Republic and the Italian Republic to introduce a special measure derogating from Article 5 of Directive 2006/112/EC on the common system of value added taxCouncil Decision 2010/585/CFSP of 27 September 2010 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction2010/669/EU: Council Decision of 27 September 2010 on the position to be taken by the European Union in the Joint CARIFORUM-EU Council established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the amendment of Annex IV to the Agreement by incorporating the commitments of the Commonwealth of The Bahamas2011/200/EU: Council Decision of 27 September 2010 on the signing of a Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)Decision No 862/2010/EU of the European Parliament and of the Council of 22 September 2010 on the participation of the Union in a Joint Baltic Sea Research and Development Programme (BONUS) undertaken by several Member States Text with EEA relevance2010/574/EU: Decision of the European Central Bank of 21 September 2010 concerning the administration of EFSF loans to Member States whose currency is the euro (ECB/2010/15)2010/597/EU: Decision of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes (ECB/2010/14)

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

Contents

What to look at next