2021-03-30

Added · Updated

Instruction No. 5/2021

The Bank of Portugal amends Instruction No. 7/2012 to update reporting procedures for mobilizing individual credit rights as collateral for Eurosystem credit operations, requiring the use of data from the Credit Responsibility Central (CRC) alongside the Bank Loan Treatment (TEB) system. The amendment modifies Article 22 and Annex IV to specify that loans benefiting from government-guaranteed lines under the COVID-19 response are accepted as collateral, with reporting governed by specific TEB procedures and the CRC's Operational Technical Support Guide (GATO). The instruction establishes new reporting codes for variable-rate loans with specific maturity and communication characteristics and enters into force on April 12, 2021.

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Instruction No. 5/2021 BO No. 3/2021 Supplement • 2021/03/30 .................................................................................................................................................................................................. Topics Markets :: Money Markets Mod. 99999940/T – 01/14 Index Text of the Instruction Text of the Instruction Subject: Implementation of monetary policy – Additional temporary measures The Bank of Portugal has changed the information reporting procedures necessary for the mobilization of individual credit rights as collateral assets for Eurosystem credit operations, now using for this purpose the information communicated to the Credit Responsibility Central (CRC), together with the information communicated to the Bank Loan Treatment (TEB) system. Thus, in the exercise of the competence attributed to it by Articles 12, 15, 16, and 24 of its Organic Law, approved by Law No. 5/98 of January 31, in its current version, the Bank of Portugal determines the following: Instruction No. 7/2012 (BO No. 3, of 15-03-2012) is amended as follows:

  1. In Article 22, paragraph 11 is amended and shall read as follows:
  2. Article 14, letter a) and a) i. of this Instruction shall not apply to the securitized debt instruments referred to in this paragraph.
  3. Annex IV is amended as follows: 2.1. Number I is amended, now reading as follows: With regard to additional individual credit rights, the same procedures for the use of credit rights, established in Annex XIV of Instruction No. 3/2015 and in the Manual of Information Communication within the TEB (Bank Loan Treatment) System, shall apply. Regarding reporting to the CRC, the provisions of its Operational Technical Support Guide (GATO) shall apply. In the context of the response to the pandemic, bank loans benefiting from a guarantee issued under the credit lines approved by the Portuguese Government in the context of COVID-19 have been accepted. Since these guarantees do not meet all the eligibility requirements of Instruction No. 3/2015, the reporting of these bank loans must be carried out in accordance with the specific procedures established for this purpose for the communication of individual bank loans, as per the Manual of Information Communication within the TEB System.

Instruction No. 5/2021 BO No. 3/2021 Supplement • 2021/03/30 Topics Markets :: Money Markets .................................................................................................................................................................................................. Mod. 99999940/T – 01/14 2.2. In number 2.1.3, the following numbers are amended, now reading as follows: 2.1.3.9.2 Sample situations where the BL accrues interest at a variable interest rate with a new interest rate fixation period greater than one year and the BL was not communicated to the BdP with this characteristic: IEB Observations PTEB... ... 2.1.3.9.3 Sample situations where the BL accrues interest at a variable interest rate with a maximum limit (cap), and the BL was not communicated to the BdP with this characteristic: IEB Observations PTEB... ... 2.1.3.9.4 Sample situations where there was more than one type of interest rate until the maturity date of the BL, and the BL was not communicated to the BdP with this characteristic: IEB Observations PTEB... ... 3. This Instruction enters into force on April 12, 2021. 4. This Instruction is republished in its entirety, being available at https://www.bportugal.pt/instrucao/72012