2013-05-03 | Règlement BCL 2013/N°15Added
This regulation implements ECB Guideline ECB/2013/4 by establishing additional temporary measures for Eurosystem refinancing operations and collateral eligibility in Luxembourg. It permits counterparties to reduce or terminate longer-term refinancing operations early, subject to a one-week notification period and potential pecuniary sanctions for non-payment. The regulation admits specific asset-backed securities and private claims as collateral under defined credit rating and haircut conditions, including haircuts of 16%, 26%, or 32% depending on ratings and underlying assets. It also clarifies that the Central Bank is not required to accept certain State-guaranteed unsecured bank bonds from entities in EU/IMF programmes, while allowing for exceptional derogations with a maximum duration of three years.
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BANQUE CENTRALE DU LUXEMBOURG
Regulation of the Banque centrale du Luxembourg 2013/No. 15 of 3 May 2013 implementing the European Central Bank Guideline of 20 March 2013 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility and amending Guideline ECB/2007/9 (recast) (ECB/2013/4) The Directorate of the Banque centrale du Luxembourg; Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2), first indent; Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 3.1, first indent, and Articles 12.1, 14.3 and 18.2; Having regard to Article 108bis of the Constitution; Having regard to the Law of 23 December 1998 on the monetary status and the Banque centrale du Luxembourg (hereinafter the 'Central Bank'), as amended, in particular Articles 2(1), 2(2) and 34(1); Whereas the European Central Bank Guideline of 2 August 2012 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility and amending Guideline ECB/2007/9 (ECB/2012/18) 1 has been substantially amended on several occasions. Insofar as further amendments were to be made, Guideline ECB/2012/18 was recast in the interest of clarity. Whereas, under Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro (hereinafter the 'NCBs') may conduct credit operations with credit institutions and other market participants on the basis of appropriate collateral for the loans. The general conditions under which the ECB and the NCBs are willing to conduct credit operations, including the criteria determining the eligibility of collateral for Eurosystem credit operations, are set out in Annex I to Guideline ECB/2011/14 of 20 September 2011 concerning the instruments and procedures of monetary policy of the Eurosystem 2. Whereas, on 8 December 2011 and 20 June 2012, the Governing Council of the ECB decided to take additional measures for enhanced credit support in order to support the provision of bank credit and liquidity on the euro area money market; this includes in particular the measures defined in Decision ECB/2011/25 of 14 December 2011 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility 3. Whereas Decision ECB/2012/4 of 21 March 2012 amending Decision ECB/2011/25 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility 4 provided that the NCBs should not be required to accept as collateral for Eurosystem credit operations eligible bank bonds guaranteed by a Member State subject to an European Union/International Monetary Fund programme, or by a Member State whose rating does not meet the Eurosystem reference for the definition of its high credit quality standard. Whereas
Decision ECB/2012/12 of 3 July 2012 amending Decision ECB/2011/25 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility 5 also reviewed the derogation from the prohibition of close links provided for in Section 6.2.3.2 of Annex I to Guideline ECB/2011/14 regarding bank bonds guaranteed by a State which are issued by the counterparties and used as collateral for their own use. Whereas counterparties participating in Eurosystem credit operations should be able to increase the amounts of State-guaranteed bank bonds for their own use, which they had on 3 July 2012, subject to prior approval by the Governing Council in exceptional circumstances. Applications submitted to the Governing Council of the ECB for prior approval must be accompanied by a financing plan.
1 OJ L 218, 15.8.2012, p. 20.
Whereas on 2 August 2012, Decision ECB/2011/25 was replaced by Guideline ECB/2012/18, which was transposed by the NCBs within the framework of their contractual or regulatory provisions.
Whereas Guideline ECB/2012/18 was amended on 10 October 2012 by Guideline ECB/2012/23 6, which temporarily relaxed the asset eligibility criteria to be used as collateral in the context of Eurosystem monetary policy operations, by accepting that negotiable instruments denominated in sterling, yen or US dollars constitute eligible assets for the purposes of operations. A haircut reflecting the historical volatility of the relevant exchange rates was applied to these negotiable instruments. Whereas Guideline ECB/2013/2 of 23 January 2013 amending Guideline ECB/2012/18 on temporary additional measures concerning Eurosystem refinancing operations and collateral eligibility 7 clarifies the procedure applicable to the early repayment by counterparties of longer-term refinancing operations in order to ensure that the same conditions are applied by all NCBs. In particular, the sanction mechanism provided for in Appendix 6 of Annex I to Guideline ECB/2011/14 applies when a counterparty that has chosen early repayment does not pay the full or part of the amount to be repaid to the relevant NCB at the due date. Whereas Guideline ECB/2012/18 also had to be amended in order to incorporate the content of Decision ECB/2012/34 of 19 December 2012 on temporary amendments to the rules applicable to the eligibility of collateral denominated in foreign currencies 8 and in order to ensure that the NCBs are not required to accept as collateral for Eurosystem credit operations eligible unsecured bank bonds which are: a) issued by the counterparties using them or by entities closely linked to the counterparties; and b) fully guaranteed by a Member State that does not have the high credit quality standard of the Eurosystem and which the Governing Council of the ECB considers to be complying with a European Union/International Monetary Fund programme. Whereas, for reasons of clarity, consistency and simplification, the text of Guideline ECB/2013/4 9 gathered the content of Decision ECB/2011/4 of 31 March 2011 on temporary measures concerning the eligibility of negotiable instruments issued or guaranteed by the Irish Government 10, of Decision
2 OJ L 331, 14.12.2011, p. 1.
3 OJ L 341, 22.12.2011, p. 65.
4 OJ L 91, 29.3.2012, p. 27.
5 OJ L 186, 14.7.2012, p. 38.
6 OJ L 284, 17.10.2012, p. 14.
7 OJ L 34, 5.2.2013, p. 18.
8 OJ L 14, 18.1.2013, p. 22.
9 OJ L95, 5.4.2013, p. 23.
10 OJ L 94, 8.4.2011, p. 33.
ECB/2011/10 of 7 July 2011 on temporary measures concerning the eligibility of negotiable instruments issued or guaranteed by the Portuguese Government 11, and of Decision ECB/2012/32 of 19 December 2012 on temporary measures concerning the eligibility of negotiable instruments issued or fully guaranteed by the Hellenic Republic 12, as well as all other temporary measures concerning Eurosystem refinancing operations and collateral eligibility. Whereas the additional measures set out in Guideline ECB/2013/4 should apply temporarily, until the Governing Council of the ECB considers that they are no longer necessary to ensure the proper functioning of the monetary policy transmission mechanism. Whereas the implementation of Guideline ECB/2013/4 by the Central Bank implies that Regulations of the Central Bank 2012/No. 12 of 12 September 2012 implementing the European Central Bank Guideline ECB/2012/18 of 2 August 2012, Regulation 2012/No. 13 of 9 November 2012 implementing the European Central Bank Guideline ECB/2012/23 of 10 October 2012 and Regulation 2013/No. 14 of 7 March 2013 implementing the European Central Bank Guideline ECB/2013/2 of 23 January 2013, are repealed and replaced by the following Regulation.
11 OJ L 182, 12.7.2011, p. 31.
12 OJ L 359, 29.12.2012, p. 74.
Article 1. Additional measures concerning refinancing operations and eligible collateral
Article 2. Option to reduce the amount of longer-term refinancing operations or to terminate them
Article 3. Admission of certain other asset-backed securities
13 Chapter 6 of Annex I to Guideline ECB/2011/14.
14 Section 6.3.2 of Annex I to Guideline ECB/2011/14.
15 Guideline ECB/2011/14.
16 A 'BBB' rating corresponds to a rating of at least 'Baa3' according to Moody's, 'BBB-' according to Fitch or Standard & Poor's or a rating equal to 'BBB' according to DBRS.
17 An 'A' rating corresponds to a rating of at least 'A3' according to Moody's, 'A-' according to Fitch or Standard & Poor's or a rating equal to 'A' according to DBRS.
18 See supra, note 14.
19 See supra, note 15.
Article 4. Admission of certain other private claims
Article 5. Acceptance of State-guaranteed bank bonds
Article 6. Admission of certain assets denominated in sterling, Japanese yen, US dollars, as eligible collateral
20 OJ L 177, 30.6.2006, p. 1.
21 Sections 6.3.1 and 6.3.2 of Annex I to Guideline ECB/2011/14.
Negotiable instruments described in section 4.1.1 of Annex 8 of the General Conditions of the Central Bank operations 22, if denominated in sterling, yen, or US dollars, constitute eligible collateral for Eurosystem monetary policy operations, provided that: a) they are issued and held/settled in the euro area, b) the issuer is established in the European Economic Area, and c) they meet all other eligibility criteria set out in section 4.1.1 of Annex 8 of the General Conditions of the Central Bank operations.
The Eurosystem applies the following haircuts to these negotiable instruments: a) a haircut of 16% for assets denominated in sterling or US dollars, and b) a haircut of 26% for assets denominated in yen.
Negotiable instruments described in paragraph 1, with coupons indexed to a single money market rate in the currency in which the instruments are denominated, or indexed to an inflation index that does not contain complex structures such as those where coupons are defined as in the case of exotic options ("discrete range", "range accrual", "ratchet") or other complex structures, for the country concerned, also constitute eligible collateral for Eurosystem monetary policy operations.
The ECB may publish on its website at the following address: www.ecb.europa.eu a list of other acceptable foreign currency reference interest rates, in addition to those referred to in paragraph 3, after approval by the Governing Council.
Only Articles 1, 3, 5, 6 and 8 of this Regulation apply to negotiable assets denominated in foreign currency.
Article 7. Suspension of credit quality threshold requirements for certain negotiable instruments
The Eurosystem's minimum requirements for credit quality thresholds, as specified by the rules of the Eurosystem credit assessment framework applicable to negotiable assets in section 5.3.2 of Annex 8 of the General Conditions of the Central Bank operations 23, are suspended in accordance with paragraph 2.
The Eurosystem's credit quality threshold does not apply to negotiable instruments issued or fully guaranteed by the central administrations of member states of the zone subject to an European Union/International Monetary Fund program, unless the Governing Council decides that the member state concerned does not comply with the conditions prescribed for financial support and/or the macroeconomic program.
Negotiable instruments issued or fully guaranteed by the central administration of the Hellenic Republic are subject to specific haircuts provided for in Annex I of this Regulation.
Article 8. Entry into force and application
This Regulation shall enter into force on the day of its publication, 3 May 2013.
Article 5 shall apply until 28 February 2015.
Article 9. Repeal
The Central Bank Regulations 2012/N° 12 of 12 September 2012 implementing the European Central Bank Guideline of 2 August 2012 (ECB/2012/18), Regulation 2012/N° 13 of 9 November 2012 implementing the European Central Bank Guideline of 10 October 2012 (ECB/2012/23) and Regulation 2013/N° 14 of 7 March 2013 implementing the European Central Bank Guideline of 23 January 2013 (ECB/2013/2) are repealed with effect from 3 May 2013.
Art. 10. Publication
This Regulation is published in the Mémorial and on the website of the Central Bank (www.bcl.lu).
CENTRAL BANK OF LUXEMBOURG
The Management
ANNEX I
Table of haircuts applicable to negotiable instruments issued or fully guaranteed by the Hellenic Republic
Maturity Band | Haircuts applicable to fixed coupons and instruments with variable rates | Haircuts applicable to zero coupons --- | --- | --- 0-1 | 15.0 | 15.0 1-3 | 33.0 | 35.5 3-5 | 45.0 | 48.5 5-7 | 54.0 | 58.5 7-10 | 56.0 | 62.0
10 | 57.0 | 71.0
Greek Government Bonds (GGB)
Maturity Band | Haircuts applicable to fixed coupons and instruments with variable rates | Haircuts applicable to zero coupons --- | --- | --- 0-1 | 23.0 | 23.0 1-3 | 42.5 | 45.0 3-5 | 55.5 | 59.0 5-7 | 64.5 | 69.5 7-10 | 67.0 | 72.5
10 | 67.5 | 81.0
State-Guaranteed Bank Bonds (GGBB) and private non-financial bonds guaranteed by the State
ANNEX II
REPEALED REGULATIONS
Regulation BCL 2012/N° 12 of 12 September 2012 implementing the European Central Bank Guideline ECB/2012/18 of 2 August 2012
Regulation BCL 2012/N° 13 of 9 November 2012 implementing the European Central Bank Guideline ECB/2012/23 of 10 October 2012
Regulation 2013/N° 14 of 7 March 2013 implementing the European Central Bank Guideline ECB/2013/2 of 23 January 2013
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Source: Banque Centrale du Luxembourg — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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