19 December 2013
The European Banking Authority (EBA) published today its final draft Implementing Technical Standards (ITS) on the reporting of the hypothetical capital of a central counterparty (CCP). These final draft ITS specify calculations and reporting frequencies and templates for the information relating to hypothetical capital that a CCP has to deliver to all the credit institutions and investment firms that are clearing members for the purpose of calculating their own capital requirements. The same information has to be reported to the competent authorities.
In particular, these ITS specify two stress situations under which, following the default of one of the members, competent authorities may set higher frequency of reporting.
An initial phase-in period is included with the aim to mitigate the most demanding aspects of these provisions during the first year of its implementation. On the one hand, this will allow the CCPs to make a smooth transition to the new systems and, on the other hand, clearing members will be able to have the necessary information to compute their capital requirements for exposures to CCPs.
The EBA finalised the draft ITS taking into account the responses to the consultation that ended on September 2, 2013
Legal basis and next steps
These draft ITS have been developed on the basis of Regulation (EU) 648/2012 (‘EMIR') as amended by Article 520(1) of Regulation (EU) 575/2013 (‘CRR').
The final standards have been sent today to the European Commission for their adoption as EU Regulations that will be directly applicable throughout the EU.