Article 301
Material scope
1.
This Section applies to the following contracts and transactions, for as long as they are outstanding with a CCP:
(a)
the derivative contracts listed in Annex II and credit derivatives;
(b)
This Section does not apply to exposures arising from the settlement of cash transactions. Institutions shall apply the treatment laid down in Title V to trade exposures arising from those transactions and a 0 % risk weight to default fund contributions covering only those transactions. Institutions shall apply the treatment set out in Article 307 to default fund contributions that cover any of the contracts listed in the first subparagraph of this paragraph in addition to cash transactions.
2.
For the purposes of this Section, the following requirements shall apply:
(a)
the initial margin shall not include contributions to a CCP for mutualised loss sharing arrangements;
(b)
the initial margin shall include collateral deposited by an institution acting as a clearing member or by a client in excess of the minimum amount required respectively by the CCP or by the institution acting as a clearing member, provided the CCP or the institution acting as a clearing member may, in appropriate cases, prevent the institution acting as a clearing member or the client from withdrawing such excess collateral;
(c)
where a CCP uses the initial margin to mutualise losses among its clearing members, institutions that act as clearing members shall treat that initial margin as a default fund contribution.