2022-10-25

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Commission Delegated Regulation (EU) 2023/314 amending Delegated Regulation (EU) 2016/2251 regarding the application date of risk management procedures for collateral exchange

The European Commission amends Articles 36(2)(a) and 37(3)(a) of Delegated Regulation (EU) 2016/2251 to defer the application date of bilateral margin requirements for non-centrally cleared OTC derivative intragroup contracts. The new mandatory application date is set to 30 June 2025 for contracts where one counterparty is established in the Union and the other in a third country, provided no equivalence decision has been adopted for that third country. This adjustment applies to financial counterparties and aims to prevent detrimental economic impacts while equivalence assessments are ongoing.

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