Updated 07/09/2024
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Article 28 - Objective and scope of the position and loss allocation tools

Article 28

Objective and scope of the position and loss allocation tools

1.   Resolution authorities shall apply the position allocation tool in accordance with Article 29 and the loss allocation tools in accordance with Articles 30 and 31.

2.   Resolution authorities shall apply the tools referred to in paragraph 1 in respect of contracts relating to clearing services and the collateral related to those services posted to the CCP.

3.   Resolution authorities shall apply the position allocation tool referred to in Article 29 in order to rematch the book of the CCP or bridge CCP where relevant.

Resolution authorities shall apply the loss allocation tools referred to in Articles 30 and 31 for any of the following purposes:

(a)

to cover the losses of the CCP assessed in accordance with Article 25;

(b)

to restore the ability of the CCP to meet payment obligations as they fall due;

(c)

to achieve the outcome referred to in points (a) and (b) in relation to a bridge CCP;

(d)

to support the transfer of the CCP’s business by way of the sale of business tool to a solvent third party.

The loss allocation tool referred to in Article 30 may be applied by the resolution authorities in relation to losses arising from a default event and in relation to losses arising from a non-default event. If the loss allocation tool referred to in Article 30 is applied in relation to losses arising from a non-default event, it shall only be applied up to a cumulative amount equivalent to the non-defaulting clearing members’ contribution to the CCP’s default funds and distributed among clearing members proportionally to their contributions to the default funds.

4.   Resolution authorities shall not apply the loss allocation tools referred to in Articles 30 and 31 of this Regulation with regard to the entities referred to in Articles 1(4) and 1(5) of Regulation (EU) No 648/2012.