- Question ID
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2016_3009
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Market risk
- Article
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382
- Paragraph
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3
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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n/a
- Type of submitter
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Competent authority
- Subject matter
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Exclusion of centrally cleared transactions
- Question
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How should the terms ‘clearing member’ and ‘client’ be understood for the purposes of Article 382(3) of Regulation (EU) No 575/2013 (CRR)? In Article 382(3) CRR, are clients’ transactions excluded from the perspective of the client only or from both perspectives of the client and the clearing member?
- Background on the question
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Article 382(3) of Regulation (EU) No 575/2013 (CRR) requires institutions to exclude from the own funds requirements for CVA risk transactions with a qualifying central counterparty and a client's transactions with a clearing member, when the clearing member is acting as an intermediary between the client and a qualifying central counterparty and the transactions give rise to a trade exposure of the clearing member to the qualifying central counterparty. 1) The terms ‘clearing member’ and ‘client’ are not defined for the purposes of Article 382(3). In the CRR, those terms are defined in Article 300 CRR with definitions only applicable for the purposes of Title II, Chapter 6, Section 9 (‘Own funds requirements for exposures to a central counterparty’). In this context, it is unclear whether those definitions also apply for the purposes of Title VI (‘Own funds requirements for CVA risk’). 2) Article 382(3) CRR is unclear as to whether clients’ transactions are excluded from the perspective of the client only or from both perspectives of the client and the clearing member (when the client is subject to the CRR).
- Submission date
- Final publishing date
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- Final answer
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1) The definitions of ‘clearing member’ and ‘client’ as set out in Article 300 CRR should also apply for the purposes of Article 382(3) CRR.
2) Article 382(3) CRR refers to the parties of the transactions as a means to identify the type of transactions exempted. As a result, centrally cleared clients’ trades should be exempted from both the perspective of the clearing member and the client, in particular when the client is subject to the CRR.
- Status
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Final Q&A
- Answer prepared by
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Answer prepared by the EBA.
- Note to Q&A
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Update 26.03.2021: This Q&A has been reviewed in the light of the changes introduced to Regulation (EU) No 575/2013 (CRR) and continues to be relevant.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.