Rule · NBB · 14 Jun 2022 · NBB_2022_15
The National Bank of Belgium establishes practical rules for credit institutions to obtain general and specific authorizations for issuing covered bonds, including requirements for organizational capacity and application dossiers. A transitional emission limit of 8% of total assets applies from 8 July 2022 to 1 January 2024, after which the general limit is removed, though the Bank may impose individual limits to protect non-covered bond creditors. The circular defines eligible collateral categories, valuation standards for real estate and other assets, and mandates the maintenance of a special asset register, liquidity tests, and specific reporting obligations.
NBB_2022_15 – 17 January 2022 Circular – Page 1/9 14 Berlaimont Boulevard – BE-1000 Brussels tel. +32 2 221 54 65 company number: 0203.201.340 RPM Brussels www.bnb.be
Circular
Brussels, 14 June 2022
Reference: NBB_2022_15 your contact:
Lisanne Vanderstappen tel. +32 2 221 41 97 lisanne.vanderstappen@nbb.be
Practical Application Modalities of the Law of 25 April 2014 on the Status and Supervision of Credit Institutions and Brokerage Companies, as Amended by the Law of 26 November 2021 to Ensure the Transposition of Directive 2019/2162 Concerning Covered Bonds and Public Supervision of Covered Bonds
Scope
This circular addresses credit institutions listed in Article 82, paragraph 1, of the Law of 25 April 2014 on the Status and Supervision of Credit Institutions and Brokerage Companies, and Belgian covered bonds issued and listed in Article 82, paragraph 2, of the same law.
Summary/Objectives
This circular clarifies the practical application modalities of the Law of 25 April 2014 on the Status and Supervision of Credit Institutions and Brokerage Companies, as amended by the Law of 26 November 2021 to ensure the transposition of Directive 2019/2162 concerning Covered Bonds and Public Supervision of Covered Bonds, and of the Royal Decree of 11 October 2012 on the issuance of Belgian covered bonds by Belgian credit institutions, as amended by the Royal Decree of 27 January 2022. This circular will enter into force on 8 July 2022.
Structure
National Bank of Belgium
Eurosystem
Circular – Page 2/9 NBB_2022_15 – 14 June 2022
Madam,
Sir,
The supervisory authority assesses compliance with the requirements of the law and regulations based on a complete and detailed application file submitted by the credit institution, the conclusions of on-site inspections, and information collected from the credit institution and potentially third parties.
The minimum information required to obtain authorization to issue covered bonds is described in Annex 1.
The supervisory authority assesses compliance with these requirements taking into account the structure established within a group for the issuance of covered bonds.
A credit institution may outsource part of the activities or processes related to the initiation and management of credits serving as cover for issued covered bonds, taking into account the conditions defined by the supervisory authority. In this regard, the requirements defined in Article 66 of the Banking Law and the standards defined regarding outsourcing by the supervisory authority serve as reference.
Each application file for authorization, general or specific, must be preceded by a letter in which the institution formally requests authorization to issue covered bonds. In this letter, the senior management of the institution declares that all relevant information is communicated in the file and that this information correctly reflects the situation at the time of submitting the application. The senior management of the institution also confirms having conducted a self-assessment regarding compliance with the legal and regulatory requirements set for the issuance and management of covered bonds, resulting in a positive outcome. The letter is signed by at least one member of the management committee.
Furthermore, a copy of the letter and the general authorization application file is also sent to the approved auditor of the institution, who is responsible for establishing a report on the organizational quality of the institution with regard to the provisions on the issuance of covered bonds, as specified in Article 80, §2, paragraph 2, of the Banking Law.
The supervisory authority may always request additional information if it deems it necessary to rule on a general authorization application to issue covered bonds. The request for additional information does not in principle affect the time limit required for the supervisory authority to rule on the application, unless the quantity and content of the additional information requested are significant and/or the credit institution does not provide them to the supervisory authority in time (i.e., within the time limit specified in the request for additional information).
¹ Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on covered bonds and public supervision of covered bonds and amending Directives 2009/65/EC and 2014/59/EU.
² The European Central Bank (ECB) is the supervisory authority for significant institutions (the list of institutions subject to direct ECB supervision can be consulted via the following link: https://www.bankingsupervision.europa.eu/banking/list/who/html/index.en.html) The NBB is responsible for the supervision of less significant institutions.
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This specific prior authorization is granted only if the credit institution complies with the requirements set out in Article 81 and the provisions of Annex III of the Banking Law and meets any specific conditions imposed by the Bank for the issuance of covered bonds based on the requirements set out in Article 81 of the Banking Law.
Credit institutions that organize covered bond issuances through issuance programs need only request specific authorization at the beginning of each program. However, they regularly transmit to the Bank a statement of the issuances concerned and inform the Bank of any new issuance, so that the Bank can update the list defined in Article 82, §2.
The minimum information that must be contained in the file transmitted to the Bank is described in detail in Annex 2.
As mentioned in point 1 ("General authorization of the credit institution"), the application file for a specific authorization must be preceded by a letter in which the institution formally requests authorization to issue covered bonds.
The Bank may always request the additional information it deems necessary to rule on the authorization application for a specific issuance. Here again, the request for additional information will not in principle extend the period required by the Bank to rule on the application, unless the quantity and content of the necessary additional information are substantial and/or the credit institution does not transmit them in time (i.e., within the time limit specified in the request for additional information).
The covered bond issuer provides the portfolio supervisor with all required cooperation and transmits all information necessary for the proper conduct of its mission, up to the end of its mandate. The issuing institution transmits to the duly authorized portfolio supervisor all reports relating to this activity and in particular:
The covered bond issuer immediately informs the Bank and the supervisor if it no longer complies with one or more of the requirements set out in the Banking Law and the Royal Decree of 11 October 2012 on the issuance of Belgian covered bonds by Belgian credit institutions, as amended by the Royal Decree of 27 January 2022³ (hereinafter "the RD" or "the Royal Decree"). Furthermore, the credit institution immediately informs the Bank and the supervisor of any adaptation of the contractual provisions of the issuances.
³ Royal Decree of 27 January 2022 amending the Royal Decree of 11 October 2012 on the issuance of Belgian covered bonds by Belgian credit institutions, the Royal Decree of 11 October 2012 on the portfolio manager in the context of the issuance of Belgian covered bonds by a Belgian credit institution, the Royal Decree of 12 November 2012 on collective investment undertakings that meet the conditions of Directive 2009/65/EC, and the Royal Decree of 25 February 2017 on certain public alternative investment funds and their management companies, and containing various provisions.
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The Bank can only grant its prior authorization:
As of 1 January 2024, the general 8% emission limit will be removed.
Both during the transitional period and from 1 January 2024, the Bank may impose, on an individual basis, a limitation concerning the volume of issuance of Belgian covered bonds to an issuing credit institution, in order to protect the creditors of the credit institution other than holders of Belgian covered bonds. The limitation that the Bank may impose only applies to new issuances.
The Bank will assess the need to set such an emission limit, notably by analyzing criteria demonstrating that the creditors of the credit institution other than holders of Belgian covered bonds must be protected. At a minimum, the following criteria will be taken into account:
For the purpose of calculating the emission limit provided for in Article 10, §1 of the Royal Decree of 11 October 2012, the numerator, namely the amount of cover assets, is equal to the sum of the amounts included in the consolidated financial statements of the issuing institution, for each of the assets allocated to the special asset of covered bonds. The calculation covers all issued covered bonds.
The denominator, namely the total assets of the issuing institution, corresponds to the total balance sheet on a consolidated basis of the institution.
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If a credit institution is no longer listed, it is no longer authorized to issue new covered bonds or to proceed with new issuances under a previously approved program.
Pursuant to Article 82, §2 of the Banking Law, the Bank publishes a separate list of covered bond issuances carried out by credit institutions. This separate list notably mentions the ISIN code, the outstanding amount and the maturity date (as well as, where applicable, the ultimate maturity date) of the issued covered bonds. If the authorization covers an issuance program, the list mentions the total authorized issuance amount under the program as well as the amount already issued. The published list distinguishes between covered bonds that meet the requirements defined in Article 6 of the Banking Law for a Belgian cover letter, a European covered bond, a European covered bond (super senior), and covered bonds that do not meet them.
Covered bonds are removed from the list when they have matured and been repaid.
The Bank ensures that the information provided on its website is regularly updated.
Circular – Page 6/9 NBB_2022_15 – 14 June 2022 (ii) derivative contracts that meet the requirements of Article 1/3 of Annex 3 of the Banking Law and Article 4 of the Royal Decree.
The first two categories of assets encompass mortgage claims that are subject to "flexible" LTV limits (as required in Article 129 of Regulation No 575/2013 (CRR), as amended by Regulation (EU) 2019/2160). These limits determine up to what amount these claims can contribute to the coverage requirements of covered bonds.
A mortgage claim secured by a residential property can contribute up to the lower of the values between the principal of the corresponding mortgages and 80% of the value of the residential property that is the subject of the mortgage or mortgages. A mortgage claim secured by a commercial property can contribute up to the lower of the values between the principal of the corresponding mortgages combined with all prior mortgages (i.e., the portion of the claim that is covered by one or more mortgages) and 60% of the value of the commercial property that is the subject of the mortgage or mortgages. The value of the aforementioned corresponding mortgages for claims secured by a residential property is determined in accordance with the provisions of Article 6, paragraph 2, paragraphs 2 to 6 and without prejudice to the provisions provided for in Article 6, paragraph 4 which apply if the mortgage covers multiple claims and not all claims are included in the special asset. For a claim secured by a commercial property, the corresponding mortgages will be determined based on Article 6, paragraph 3, paragraphs 2 to 4 of the Royal Decree.
For the calculation of the coverage requirements defined in Article 5, paragraphs 1 and 2 of the Royal Decree, nominal values will be determined in accordance with the valuation rules as defined in Article 6 of the Royal Decree. The "flexible" LTV limits are applied for mortgage claims secured by a residential property via Article 6, paragraph 2 of the Royal Decree and for mortgage claims secured by a commercial property via Article 6, paragraph 3 of the Royal Decree.
For the calculation of the amortization test defined in Article 5, paragraph 3 of the Royal Decree, the principal of the mortgage claim will be restricted to the limit applicable to this cover asset as calculated at the time the coverage tests are performed.
A residential or commercial property must be assessed by an expert who has the qualifications, competence, and expertise necessary to conduct a valuation and who plays no role in the credit approval process (cf. Article 208, paragraph 3, point b of Regulation No 575/2013). The valuation must be carried out at market value or below it within the meaning of Article 4, paragraph 1, point 76 of Regulation No 575/2013 and must be established clearly and transparently in a document drafted by the independent expert (cf. Article 229, paragraph 1 of Regulation No 575/2013).
The valuation of real estate must be carried out in accordance with the requirements of Circular NBB_2021_18 – EBA Guidelines on granting and monitoring loans (EBA/GL/2020/06). More specifically, Section 7 of the EBA Guidelines (EBA/GL/2020/06) will apply to the valuation, monitoring, and revaluation of real and personal security, excluding financial security, which has been removed since 1 January 2022.
To be eligible as security for cover assets, real estate must meet the requirements of Article 208 of Regulation No 575/2013. The values of all real estate must be checked regularly, and at least once a year in accordance with Article 208, paragraph 3, point a.
The issuing institution must have procedures in place to ensure that the property in question is duly insured against the risk of damage (cf. Article 208, paragraph 5 of Regulation No 575/2013 and EBA Q&A 2015_2470).
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For the application of coverage tests (Article 5 of the Royal Decree), the contribution (principal and interest or nominal value) of a cover asset for which a default is discussed under Article 178 of Regulation No 575/2013 shall be equal to zero. A cover asset for which a payment delay of more than 30 days has been observed will only be taken into account for 50% of its cover contribution (principal and interest or nominal value).
The content of the register to be reproduced must cover at minimum the information required under Article 9, paragraph 2 of the Royal Decree.
For the application of the liquidity test as specified in Article 13 of Annex 3 of the Banking Law and in Article 7 of the Royal Decree, the contribution of a cover asset for which a default is discussed under Article 178 of Regulation No 575/2013 shall be equal to zero. Similarly, the contribution (principal and interest) of a cover asset for which a payment delay of more than 30 days has been observed, will only be taken into consideration up to 50% of the incoming liquidity flows generated.
The liquidity cushion, which must be large enough to cover the net outgoing liquidity flow, can only be composed of: (a) cover assets that meet the requirements for Level 1 assets in accordance with Delegated Regulation (EU) 2015/61 regarding the coverage requirement for liquidity needs of credit institutions or (b) short-term exposures to credit institutions eligible for a credit quality category 1 or 2 or short-term deposits with such institutions.
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These stress tests are defined in a risk management policy and must be performed at least every three months.
The Bank does not prescribe the use of a single methodology to estimate the impact of stress tests.
Regarding the definition of a sudden movement, it corresponds to a simultaneous increase or decrease of 2% in interest rates and 8% in exchange rates. An institution using internal models for the calculation of its market risk capital requirements may use other assumptions for interest rate and exchange rate movements provided that they are sufficiently prudent. In this regard, a confidence interval of at least 99% and a time horizon of one year must be applied.
If the cover assets are no longer sufficient, taking into account the scenarios of the aforementioned stress tests, the institution must take necessary measures and/or at least ensure that it has sufficient other assets to pledge in the event that these scenarios materialize.
When transmitting the reporting on 31 December of each financial year, the senior management of the credit institution declares that the aforementioned reporting is in conformity with the accounting and the special asset register. The senior management confirms having done what is necessary for the reporting to be established in accordance with the legal and regulatory provisions on covered bonds.
The format and content of the reporting are described in Annexes 3 and 4.
NBB_2022_15 – 14 June 2022 Circular – Page 9/9 A copy of this circular is sent to the statutory auditor(s) of your institution.
Please accept, Madam, Sir, our distinguished salutations.
Pierre Wunsch
Governor
Annexes: 4
NBB_2022_15 – 14 June 2022 Annex 1 – page 1/2
Annex 1 of Circular NBB_2022_15
Information required to obtain the general authorization to issue covered bonds Scope This annex addresses credit institutions that are or will be included on the list mentioned in Article 82, paragraph 1 of the Law of 25 April 2014 on the status and control of credit institutions and stockbroking companies.
Overview of the minimum information to be provided in the file submitted to the supervisory authority to obtain a general authorization to issue covered bonds Contact details of the contact person for this file. Description of the financial prospects of the credit institution, demonstrating that its financial health and solvency are sufficient to guarantee that the interests of other creditors are not compromised by the issuance of covered bonds. Description of the long-term strategy of the credit institution, particularly regarding the liquidity position, and the place of covered bonds in this strategy. Specify the secured funding policy conducted by the credit institution and the limits applied in terms of asset pledging. More precisely, the liquidity policy contains information on the internal limits applied by credit institutions to ensure:
NBB_2022_15 – 14 June 2022 Annex 2 – page 1/3
Annex 2 of Circular NBB_2022_15
Information required to obtain the authorization regarding the issuance of a covered bond or a covered bond issuance program Scope This annex addresses credit institutions that are included on the list mentioned in Article 82, paragraph 1 of the Law of 25 April 2014 on the status and control of credit institutions and stockbroking companies.
Minimum information required to obtain the specific authorization regarding the issuance of a covered bond or a covered bond issuance program a. The covered bond issuer Name and address of the credit institution. Date of the general authorization to issue covered bonds granted to the credit institution. Confirmation that the information provided in the general file of the credit institution is still up to date. In case of significant modification, the most recent information must be made available. b. Identification of the covered bond or the covered bond issuance program Name of the covered bond or the covered bond issuance program. ISIN Code. Volume of the covered bond or the covered bond issuance program (in euros), as well as the currency unit in which they are issued. Date of the start of the issuance. Maturity of the issuance (date of repayment of the covered bond). In case of the possibility to modify the repayment date: a description of the final maturity date, the circumstances and conditions under which the duration may be extended, the repayment terms, the effect of extensions of the duration, and the consequences of the liquidation procedure opened against the issuing credit institution or its resolution on the extension of a maturity.
NBB_2022_15 – 14 June 2022 Annex 2 – page 2/3
Structure of the covered bond or the issuance program (including possibly a schematic presentation). Description of the stakeholders in the management and administration of cover assets, and of subcontracting contracts.
c. Information on cover assets
Description of cover assets, including secondary assets (information on the type, nature of mortgage or other guarantees as well as their geographical distribution, the number of claims, the average balance, the maturity of the assets, on the nature of the debtors and the geographical distribution of their domiciles or headquarters, etc.). Description of the origin of the assets (specifying in particular the origin of the cover assets, their geographical diversification, and the mode of transfer to the issuing credit institution). If claims have been acquired to be used as cover assets in the context of an issuance or a covered bond issuance program, the credit institution must demonstrate that it meets the obligations applicable to it under Article 4 of Annex III of the Banking Law. Description of the excess: the legal excess of cover assets, the excess of cover assets required by the issuance conditions, and the level of the excess retained on a voluntary basis. Description of the policies, processes, and methods for monitoring the performance of cover assets, particularly to establish a default situation under Article 178 of Regulation No 575/2013, count the number of days of arrears, monitor LTV values, and meet coverage requirements (as defined in Article 2/1 of Annex III of the Banking Law and in Article 5 of the Royal Decree). The description will also demonstrate that the credit institution has put in place adequate policies, processes, and methods to ensure investor protection regarding the authorization, modification, renewal, and refinancing of loans included in the special asset. Detailed description of the asset valuation method and how the credit institution meets the requirement of Article 208, paragraph 5, of Regulation No 575/2013 to have procedures allowing it to ensure that the real estate in question is duly insured against damage. Detailed description of the standards, and the decision-making and operational processes, leading to the inclusion of assets in the special asset or their exclusion. The credit institution must attach documentation demonstrating that the credit policy regarding the assets in question guarantees compliance with the eligibility criteria for cover assets. Among the information on derivative contracts are among others: (i) whether they were concluded to cover an interest rate risk or an exchange risk, (ii) how they will be managed to meet the requirements of Article 1/3, § 1 of Annex III of the Banking Law, (iii) who is the counterparty, (iv) what are the consequences of the opening of a liquidation or resolution procedure, (v) how they are covered, (vi) what are the durations, structure, and amounts, (vii) what documentation is available (see also Article 4 of the Royal Decree). Description of the cash flow structure related to cover assets and covered bonds and how these flows are linked (taking into account the values of secondary assets and derivative contracts). Description (i) of the measures the
credit institution takes or intends to take to manage liquidity risks and meet liquidity requirements as defined in Article 13 of Annex III of the Banking Law and in Article 7 of the Royal Decree and (ii) of the composition of the liquidity cushion. Description of the procedure for registering assets in the register and the measures taken to ensure the accuracy, completeness, access rights, and operational resilience of the register.
NBB_2022_15 – 14 June 2022 Annex 2 – page 3/3 d. Information on the supervisor Name and address of the supervisor proposed by the credit institution.
The supervisor has already intervened/is already involved in the issuance of covered bonds:
yes / no
Request for a conforming opinion from the Bank as referred to in Article 16, § 1 of Annex III of the Banking Law. e. Other information Information on the impact of the issuance or program on the liquidity position of the institution. The quantitative data used in the general authorization file to describe the internal limits applied by the credit institution in its liquidity management policy must be updated in the specific authorization file. The credit institution is invited to provide any other relevant information. Supporting documentation (e.g., prospectus, report from the statutory auditor of the credit institution regarding the assessment of compliance with requirements) may be provided as an annex to this file.
NBB_2022_15 – 14 June 2022 Annex 3 – page 1/12
Annex 3 of Circular NBB_2022_15
Reporting – Description
Scope
This annex addresses credit institutions that are included on the list mentioned in Article 82, §1 of the Law of 25 April 2014 on the status and control of credit institutions and stockbroking companies.
General Instructions
These provisions regarding the reporting obligation apply to any issuance or any issuance program of covered bonds. A report per issuance program is sufficient.
The reporting statements establish the situation after processing all transactions concluded on the reporting date. The reporting must be established and communicated on a quarterly basis. The reporting date is always the last day of the quarter. The reporting must be transmitted as soon as possible and at the latest within the month following the reporting date, with the exception of the information requested in CB11: the information "monitoring of the criteria imposing an issuance limit" must be provided at the latest within two months following the reporting date. The amounts appearing in the reporting statements are expressed in euros, unless explicit contrary indication. The euro countervalues are calculated based on spot exchange rates on the reporting date, namely the date to which the reporting statement relates. If a negative sign (-) precedes a title or item, the information relating to it should also be accompanied by a negative sign. The reporting will comprise three parts:
i) A report whose content is determined based on Article 15, §1, 4° of Annex III of the Banking Law and is explained in section 1 of this annex; ii) Excel tables, the content of which is defined below and in Annex 4; iii) The information provided to investors based on Article 15/1 of Annex III of the Banking Law and Article 12 of the Royal Decree concerning an issuance of covered bonds or an issuance program in relation to the reporting date.
VAN BELGIE
“‘ BanquealgaleBank
Eurosystem
Annex 3 – page 2/12 NBB_2022_15 – 14 June 2022
Format: This report will be delivered in PDF or Word format.
Content
Coverage assets
Description of the following eligibility criteria: i) method for valuing real estate (see article 3, §5, second and third paragraphs of the Royal Decree); ii) method by which the credit institution complies with Article 208(5) of Regulation (EU) No 575/2013.
Risk management
Detailed description of stress tests that must take into account at least the following scenarios: (i) interest rate risk, (ii) exchange rate risk, (iii) prepayment risk, and (iv) deterioration of the credit quality of the coverage assets. These stress tests are performed by the credit institution to comply with Article 8 of the Royal Decree. The description also includes, for each stress test, detailed information on the assumptions made and the reasons underlying these assumptions. The information must be linked, per stress test, to the data reported in “CB 8: Risk management” of Annex 4 of Circular 15, as explained in section 2 of this annex. If the results of the stress tests indicate that the coverage or liquidity tests fail, it is necessary to describe other assets available to the credit institution that could, where applicable, be quickly used as coverage assets and/or the measures that could be taken. If a particular scenario is not relevant to the risk management of covered bonds, this must be explained briefly.
Asset segregation and register
Description of the procedure for registering assets in the register and measures taken to ensure the accuracy and completeness of the register.
Extendable maturity structures
Description of the triggers for the extension of maturity and the consequences of such an extension (see Article 13/1 of Annex III of the Banking Law).
Portfolio supervisor
Overview of tasks performed by the portfolio supervisor during the past quarter.
NBB_2022_15 – 14 June 2022 Annex 3 – page 3/12
Format: The tables must be provided in PDF and Excel formats.
CB 1: Identification of the covered bond
This table identifies the covered bond for reporting purposes. Separate reporting must be established for each issuance of covered bonds. For an issuance program, a single report suffices. However, in the table below, a separate row must be filled out for each element of the issuance program.
Columns:
005: Name or identification of the issuance or element of the issuance program 010: ISIN code of the issuance (if available) 015: Date of issuance 020: Currency of issuance of the covered bond 025: Initial nominal issuance value in original currency 030: Initial nominal issuance value in euros 035: Final legal maturity of the covered bond or element of the issuance program (last extendable maturity) 040: Expected maturity of the covered bond or element of the program 045: Interest rate type of the issuance or element of the program 050: Interest rate 055: Coupon payment frequency 060: Denomination 070: Capital payment frequency
CB 2: Information on coverage assets
This table provides information on the coverage assets of the covered bond. Both the number and the counter-value of the coverage asset in accordance with the Royal Decree, as well as the nominal value of the coverage assets, are classified according to geographic distribution. The coverage assets are furthermore broken down by category of coverage assets.
The value of the coverage assets indicated in columns 30 to 50 is the value of the coverage assets in accordance with Article 6 of the Royal Decree. The total nominal value of the coverage assets used to cover payment obligations other than the principal of the covered bonds in application of Article 5, §3 of the Royal Decree is declared separately in the new row 095.
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Columns:
005: Number of coverage assets for which the counterparty or underlying first-ranking guarantee is located in Belgium 010: Number of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the Eurozone – excluding Belgium 015: Number of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the EEA – excluding the Eurozone 020: Number of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the OECD – excluding the EEA 025: Total number of coverage assets 030: Value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in Belgium 035: Value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the Eurozone – excluding Belgium 040: Value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the EEA – excluding the Eurozone 045: Value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the OECD – excluding the EEA 050: Total value of coverage assets 055: Nominal value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in Belgium 060: Nominal value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the Eurozone – excluding Belgium 065: Nominal value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the EEA – excluding the Eurozone 070: Nominal value of coverage assets for which the counterparty or underlying first-ranking guarantee is located in the OECD – excluding the EEA 075: Total nominal value of coverage assets 080: Nominal value of defaulted coverage assets (as defined in Article 178 of Regulation [EU] No 575/2013) 085: Number of defaulted coverage assets (as defined in Article 178 of Regulation [EU] No 575/2013) 090: Nominal value of coverage assets for which no payment default has been observed, but whose number of days in arrears is greater than 30 days 095: Number of coverage assets for which no payment default has been observed, but whose number of days in arrears is greater than 30 days
NBB_2022_15 – 14 June 2022 Annex 3 – page 5/12
Rows:
005: Claims covered by residential real estate (R.D., article 3, §1, 1°) 010: Claims covered by residential real estate under construction or in project (R.D., article 3, §1, 1°) 015: Cash payments of interest or as repayment or recovery falling under category 1 (R.D., article 3, §1, 1°) 020: Total coverage assets falling under category 1 as referred to in R.D., article 3, §1, 1° 025: Claims covered by commercial real estate (R.D., article 3, §1, 2°) 030: Cash payments of interest or as repayment or recovery falling under category 2 (R.D., article 3, §1, 2°) 035: Total coverage assets falling under category 2 as referred to in R.D., article 3, §1, 2° 040: Exposure to, or guaranteed by, central government authorities and central banks (R.D., article 3, §1, 3°, i)) 045: Exposure to, or guaranteed by, regional and local authorities and public law entities (R.D., article 3, §1, 3°, ii)) 050: Exposure to, or guaranteed by, international organizations and multilateral development banks (R.D., article 3, §1, iii)) 055: Total coverage assets falling under category 3 as referred to in R.D., article 3, §1, 3°) 060: of which cash payments of interest or as repayment or recovery falling under category 3 (R.D., article 3, §1, 3°) 065: of which deposits with central banks 070: Short-term claims on credit institutions 075: Short-term deposits with credit institutions (R.D., article 3, §1, 4°, a)) 080: Derivative contracts (R.D., article 3, §1, 4°, b)) 085: Total coverage assets falling under category 4 as referred to in R.D., article 3, §1, 4°) 090: Other exposures included as coverage assets 095: Coverage assets used to cover payment obligations other than the principal of covered bonds in application of Article 5, §3 of the Royal Decree: the total value (in accordance with Article 6 of the Royal Decree) of coverage assets that are used to cover payment obligations other than the principal of covered bonds during the execution of the amortization test (Article 5, §3 of the Royal Decree) and which therefore cannot be taken into account again to cover the nominal value of the covered bonds as required by the nominal coverage test (Article 5, §2 of the Royal Decree). 100: Total of the above items, decreased (where applicable) by the value reported in row 095.
Annex 3 – page 6/12 NBB_2022_15 – 14 June 2022
CB 3: Coverage test
This table presents a comparison, over the entire duration, between, on the one hand, the revenues, including interest and capital, generated by the coverage assets, and on the other hand, the expenses (interest, capital, and other costs) related to the covered bonds. The calculation of this test is performed in accordance with Article 5, §3 of the Royal Decree.
Columns:
005: Revenues generated by the coverage assets, broken down by origin 010: Expenses related to the covered bonds, broken down by origin 015: Total
Rows:
005: Interest revenues generated by the coverage assets and expenses related to the covered bonds 010: Capital repayment related to the coverage assets and the covered bonds 015: Costs related to the covered bonds 020: Income and expenses related to derivatives concluded in the context of the covered bonds 025: Other income and expenses related to the coverage assets and the covered bonds 030: Total
CB 4: Liquidity test
This table contains, for the next 6 months, the revenues and liquidity generated by the coverage assets and the liquidity reserve, compared to the unconditional payments related to the covered bonds.
Columns:
005: Available and expected liquidity for the next 6 months, broken down by origin 010: Expected expenses for the next 6 months due to the issuance of covered bonds, broken down by origin 015: Total
Rows:
005: Interest revenues generated by the coverage assets, and expenses related to the covered bonds, for the next 6 months 010: Capital repayment related to the coverage assets and the covered bonds, for the next 6 months 015: Costs related to the covered bonds for the next 6 months 020: Liquidity used as coverage assets
NBB_2022_15 – 14 June 2022 Annex 3 – page 7/12
025: Other liquid assets constituting the liquidity cushion 030: Total
CB 5: Information on residual maturities
Columns:
005: Outstanding amount of the covered bond reported according to the repayment date 010: Value of the coverage assets, in accordance with Article 6 of the Royal Decree, reported based on the residual maturity of the coverage assets 015: Nominal value of the coverage assets, reported based on the residual maturity of the coverage assets
Rows:
005: Coverage assets with a residual maturity of less than or equal to 6 months, including liquidity 010: Coverage assets with a residual maturity of greater than 6 months and less than or equal to 1 year 015: Coverage assets with a residual maturity of greater than 1 year and less than or equal to 1.5 years 020: Coverage assets with a residual maturity of greater than 1.5 years and less than or equal to 2 years 025: Coverage assets with a residual maturity of greater than 2 years and less than or equal to 3 years 030: Coverage assets with a residual maturity of greater than 3 years and less than or equal to 4 years 035: Coverage assets with a residual maturity of greater than 4 years and less than or equal to 5 years 040: Coverage assets with a residual maturity of greater than 5 years and less than or equal to 7.5 years 045: Coverage assets with a residual maturity of greater than 7.5 years and less than or equal to 10 years 050: Coverage assets with a residual maturity of greater than 10 years 055: Total
CB 6: Information on exchange rate risk
Columns:
005: Outstanding amount of the covered bond in euros according to the original currency 010: Value of the coverage assets, in accordance with Article 6 of the Royal Decree, reported in euros according to the original currency 015: Nominal value of the coverage assets in euros according to the original currency 020: Exchange rate on the reporting date between the original currency and the euro
Annex 3 – page 8/12 NBB_2022_15 – 14 June 2022
Rows:
005: EUR
010: USD
015: GBP
020: CHF
025: YEN
…
100: Total
CB 7: Information on interest rate risk
The data reported are calculated by applying internally defined methods, but based on parallel interest rate movements of 200 basis points.
Columns:
005: Economic value (net present value) of the covered bond based on parallel interest rate movement scenarios with immediate effect 010: Economic value (net present value) of the coverage assets (including derivatives) based on parallel interest rate movement scenarios with immediate effect
Rows:
005: Calculation of economic value based on a parallel upward movement of 200 bps 010: Calculation of economic value based on an unchanged interest rate scenario 015: Calculation of economic value based on a parallel downward movement of 200 bps
CB 8: Risk management
These tables present the results of the coverage test and the liquidity test after applying stress test scenarios that take into account (i) sudden and unexpected changes in interest rates, (ii) sudden and unexpected changes in exchange rates, (iii) different percentages of prepayment of coverage assets, and (iv) a significant deterioration in the credit quality of the coverage assets.
The credit institution may determine itself the number of stress tests to report, but it must at least:
i) take into account the different scenarios defined in Article 8 of the Royal Decree to the extent that they are relevant to the risk management of covered bonds and where an interest rate risk scenario and a prepayment risk scenario can be combined in a single stress test;
NBB_2022_15 – 14 June 2022 Annex 3 – page 9/12
ii) apply two scenarios for a) the different levels of prepayment risk and b) credit risk (as required by Article 8 of the Royal Decree).
Columns:
Coverage Tests:
000: Scenario: in this column, the credit institution must specify the scenario that is applied and can choose from the following options: decrease in rate by 200 bps / increase in rate by 200 bps / appreciation of exchange rate / depreciation of exchange rate / prepayment of X% (or via a vector) / deterioration of credit quality / decrease in rate by 200 bps including the modeled impact on prepayments / increase in rate by 200 bps including the modeled impact on prepayments 005: Total revenues generated by the coverage assets (including derivatives or the liquidity cushion) after application of the stress test 010: Total expenses related to the covered bonds after application of the stress test 015: Total revenues of coverage assets – expenses related to covered bonds after application of the stress test 020: Value of the coverage assets, calculated in accordance with the valuation rules of Article 6 of the Royal Decree, after application of the stress test 025: Value of the primary coverage assets, calculated in accordance with the valuation rules of Article 6 of the Royal Decree, after application of the stress test 030: Nominal value of the covered bonds
Liquidity Test:
035: Scenario: in this column, the credit institution must specify the scenario that is applied and can choose from the following options: decrease in rate by 200 bps / increase in rate by 200 bps / appreciation of exchange rate / depreciation of exchange rate / prepayment of X% (or via a vector) / deterioration of credit quality / decrease in rate by 200 bps including the modeled impact on prepayments / increase in rate by 200 bps including the modeled impact on prepayments 040: Available and expected liquidity for the next 6 months after application of the stress test 045: Expected unconditional expenses for the next 6 months related to the covered bonds after application of the stress test 050: Total available and expected liquidity decreased by expected unconditional expenses related to the covered bonds after application of the stress test
Rows:
005: Results (totals of the data requested in the column) after application of stress test 1 010: Results (totals of the data requested in the column) after application of stress test 2 015: Results (totals of the data requested in the column) after application of stress test 3 020: Results (totals of the data requested in the column) after application of stress test 4
Annex 3 – page 10/12 NBB_2022_15 – 14 June 2022
025: Results (totals of the data requested in the column) after application of stress test 5 030: Results (totals of the data requested in the column) after application of stress test 6 035: Results (totals of the data requested in the column) after application of stress test 7 040: … 100: Results (totals of the data requested in the column) after application of stress test X
CB 9: Information on derivatives
A separate row must be filled out for each derivative concluded in the context of the issuance of covered bonds.
Columns:
005: Notional value of the derivatives
010: Market value of the derivatives
Rows:
005: This row and subsequent rows: IR derivatives 010: This row and subsequent rows: FX derivatives
CB 10: Information on arrears
This table presents the arrears of the coverage assets, broken down by the extent of the arrears.
Columns:
005: Number of claims, broken down by the extent of the arrears 010: Number of claims, broken down by the extent of the arrears, as a % of the total number of claims 015: Total nominal amount of claims, broken down by the extent of the arrears 020: Amount in arrears, broken down by the extent of the arrears, as a % of the total amount of claims 025: Value of the coverage assets as determined on the basis of Article 6 of the Royal Decree, broken down by the extent of the arrears
Rows:
005: No arrears
010: Arrears greater than 0 months and less than or equal to 1 month 015: Arrears greater than 1 month and less than or equal to 2 months 020: Arrears greater than 2 months and less than or equal to 3 months
NBB_2022_15 – 14 June 2022 Annex 3 – page 11/12
025: Arrears greater than 3 months
030: Total
CB 11: Monitoring of the criteria for imposing an emission limit Based on Article 10 of the Royal Decree, the Bank may, on an individual basis, impose a limit on the volume of issuance of Belgian covered bonds on a credit institution issuer in order to protect the creditors of the credit institution other than the holders of Belgian covered bonds. Circular NBB_2022_X defines the criteria that the Bank will monitor to determine if such a limitation should be imposed on an individual basis.
Furthermore, a credit institution wishing to deviate from the general emission limit of 8% during the transitional period must maintain subordinated liabilities offering sufficient protection to reach the threshold of 8% of total liabilities, including own funds, as referred to in Article 255, §6, 3° of the Banking Law or in Article 27, paragraph 7, sub a) of Regulation (EU) No 806/2014 (see Article 26 of the Royal Decree of 27 January 2022 amending the Royal Decree of 11 October 2012 relating to the issuance of covered bonds by Belgian law credit institutions).
Criterion 1: Subordinated liabilities:
Columns:
05: The data relate to the issuing credit institution at the individual level.
Rows:
05: Senior non-preferred commitments: the amount as defined in “r03650 – Senior non-preferred liabilities” on page 32 of the document 2022 Final LDR Guidance (europa.eu) is reported here.
010: Subordinated liabilities: the amount as defined in “r0370 – Subordinated liabilities” on page 32 of the document 2022 Final LDR Guidance (europa.eu) is reported here.
015: Own funds: the amount as defined in “r0500 – Own funds” on page 33 of the document 2022 Final LDR Guidance (europa.eu) is reported here.
020: Total subordinated liabilities, this amount being the sum of the values reported in rows 05, 010, and 015 025: Total liabilities, including own funds (“total liabilities and own funds” or “TLOF”): the amount as defined in “r0125 – Total liabilities and own funds (TLOF)” on page 8 of the document Guidance on the Additional Liability Report (ALR) (europa.eu) at the individual level of the issuing credit institution is reported here. 030: Amount reported in row 20 divided by the amount reported in row 025
Criterion 2: Encumbered asset indicators:
Columns:
05: Assets available strictly speaking relative to eligible deposits as referred to in Article 389 of the Banking Law (see also Circular NBB_2016_34)
Annex 3 – page 12/12 NBB_2022_15 – 14 June 2022
010: Assets available broadly speaking relative to eligible deposits as referred to in Article 389 of the Banking Law (see also Circular NBB_2016_34)
Rows:
035: Flashing threshold value applicable to the credit institution based on its category according to Circular NBB_2016_34 040: Recovery plan threshold value applicable to the credit institution based on its category according to Circular NBB_2016_34 045: Current value as calculated on the reporting date
The report prepared for investors based on Article 15/1 of Annex III of the Banking Law and Article 12 of the Royal Decree relating to an issuance or issuance program of covered bonds concerning the reporting date (last day of the quarter) must be attached to the report to the Bank.
NBB_2022_15 – 14 June 2022 Annex 4 – page 1/12
Annex 4 of Circular NBB_2022_15
Reporting – Tables
‘‘‘ BanqueNationaleBank DE BEGIQUE VAN BELGIE Eurosystem
| Issuance of covered bonds | ISIN | Issuance date | Currency | Initial nominal value | Initial nominal value (EUR) | Final legal maturity | Expected maturity | Interest rate type | Interest rate | Interest payment frequency | Coupon | Capital repayment frequency |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Maturity Buckets (Years) | 5 | 10 | 15 | 20 | 25 | 30 | 35 | 45 | 50 | 55 | 60 | 65 | 70 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
NBB_2022_15 – 14 June 2022 Annex 4 – page 2/12
| Nominal value of defaulted cover assets | Number of defaulted cover assets | Nominal value of cover assets (not in default) with payment delay > 30 days | Number of cover assets (not in default) with payment delay > 30 days | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Belgium | UEM | EEE | OECD | Total | Belgium | UEM | EEE | OECD | Total | Belgium | UEM | EEE | OECD | Total | ||||
| 5 | 10 | 15 | 20 | 25 | 30 | 35 | 40 | 45 | 50 | 55 | 60 | 65 | 70 | 75 | 80 | 85 | 90 | 95 |
| Cover Assets Category | Value |
|---|---|
| Claims secured by residential real estate | 5 |
| Claims secured by residential real estate under construction or in project | 10 |
| Cash payments of interest or acting as repayment or recovery under category 1 | 15 |
| Total cover assets category 1 (A.R., art. 3, § 1st, 1°) | 20 |
| Claims secured by commercial real estate | 25 |
| Cash payments of interest or acting as repayment or recovery under category 2 | 30 |
| Total cover assets category 2 (A.R., art. 3, § 1st, 2°) | 35 |
| Exposure to central public authorities and central banks | 40 |
| Exposure to regional and local authorities and legal entities | 45 |
| Exposure to international organizations and multilateral development banks | 50 |
| Total cover assets category 3 (A.R., art. 3, § 1st, 3°) | 55 |
| of which cash payments of interest or acting as repayment or recovery | 60 |
| of which deposits with central banks | 65 |
| Short-term claims on credit institutions | 70 |
| Short-term deposits with credit institutions | 75 |
| Contracts on derivative products | 80 |
| Total cover assets category 4 (A.R., art. 3, § 1st, 4°) | 85 |
| Other exposures included as cover assets | 90 |
| Cover assets used to cover payment obligations other than the principal of covered bonds under article 5, § 3 of the Royal Decree | 95 |
| Total | 100 |
| Number of cover assets | Value of cover assets according to article 6 of the R.D. | Nominal value of cover assets |
|---|---|---|
NBB_2022_15 – 14 June 2022 Annex 4 – page 3/12
| Products | Charges | Total | |
|---|---|---|---|
| 5 | 10 | 15 | |
| Interests | 5 | ||
| Capital | 10 | ||
| Costs | 15 | ||
| Derivatives | 20 | ||
| Others | 25 | ||
| Total | 30 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 4/12
| Inflows | Outflows | Total | |
|---|---|---|---|
| 5 | 10 | 15 | |
| Interests | 5 | ||
| Capital repayment | 10 | ||
| Costs | 15 | ||
| Liquidity | 20 | ||
| Other (cushion) | 30 | ||
| Total | 35 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 5/12
| Number of years | Covered bond amount | Nominal value of cover assets | Value of cover assets (art. 6 of the R.D.) |
|---|---|---|---|
| 5 | 10 | 15 | |
| < 0.5 | 5 | ||
| 0.5 - 1 | 10 | ||
| 1 - 1.5 | 15 | ||
| 1.5 - 2 | 20 | ||
| 2 - 3 | 25 | ||
| 3 - 4 | 30 | ||
| 4 - 5 | 35 | ||
| 5 - 7.5 | 40 | ||
| 7.5 - 10 | 45 | ||
| > 10 | 50 | ||
| Total | 55 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 6/12
| Currencies | Exchange rate vs EUR | Covered bond amount | Value of cover assets (art. 6 of the R.D.) | Nominal value of cover assets |
|---|---|---|---|---|
| 5 | 10 | 15 | 20 | |
| EUR | 5 | |||
| USD | 10 | |||
| GBP | 15 | |||
| CHF | 20 | |||
| YEN | 25 | |||
| ... | ||||
| Total | 100 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 7/12
| Movement | NPV covered bonds | NPV of cover assets | |
|---|---|---|---|
| 005 | 010 | ||
| Upward movement of 200 bp | 005 | ||
| Rates unchanged | 010 | ||
| Downward movement of 200 bp | 015 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 8/12
| Coverage Test | Products | Charges | Total | Value of cover assets (art. 6 of the R.D.) | Value of main cover assets (art. 6 of the R.D.) | Nominal value of covered bonds |
|---|---|---|---|---|---|---|
| Liquidity Test | Scenario | Inflows | Outflows | Total | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 0 | 5 | 10 | 15 | 20 | 25 | 30 | 35 | 40 | 45 | 50 |
| Coverage Test 5 | Stress Test 5 | |||||||||
| Coverage Test 10 | Stress Test 10 | |||||||||
| Stress Test 15 | Stress Test 15 | |||||||||
| Stress Test 20 | Stress Test 20 | |||||||||
| Stress Test 25 | Stress Test 25 | |||||||||
| Stress Test 30 | Stress Test 30 | |||||||||
| Stress Test 35 | Stress Test 35 | |||||||||
| … | 40 | … | 40 | |||||||
| Stress Test 100 | Stress Test 100 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 9/12
| Derivatives | Nominal Value | Market Value |
|---|---|---|
| 5 | 10 | |
| IR Derivatives | 5 | |
| FX Derivatives | 10 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 10/12
| Months | Number of claims | % of number of claims with arrears | Amount of claims | % of amount in arrears relative to amount of claims | Value of cover assets (art. 6 of the R.D.) |
|---|---|---|---|---|---|
| 5 | 10 | 15 | 20 | 25 | |
| 0 | 5 | ||||
| 0 - 1 | 10 | ||||
| 1 - 2 | 15 | ||||
| 2 - 3 | 20 | ||||
| > 3 | 25 | ||||
| Total | 30 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 11/12
| Criterion 1: Issuing Credit Institution | Value |
|---|---|
| 5 | |
| Unsecured senior commitments | 5 |
| Subordinated liabilities | 10 |
| Own funds | 15 |
| Total subordinated liabilities | 20 |
| Total liabilities, including own funds (TLOF) | 25 |
| Total subordinated liabilities / total liabilities, including own funds | 30 |
| Criterion 2: Available Assets | Value | |
|---|---|---|
| Strictly available assets relative to eligible deposits | ||
| Broadly available assets relative to eligible deposits | ||
| 5 | 10 | |
| Flash threshold value | 35 | |
| Recovery plan threshold value | 40 | |
| Current value | 45 |
NBB_2022_15 – 14 June 2022 Annex 4 – page 12/12
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“Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on covered bonds”
“Pursuant to Article 79 of the Law of 25 April 2014 on the Status and Supervision of Credit Institutions and Brokerage Companies”
“These provisions are commented on in Circular NBB_2022_15 regarding the practical implementation modalities”
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