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Article 1 - Definitions

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

netting set’ means a group of contracts subject to a netting arrangement as defined in Article 2(1)(98) of Directive 2014/59/EU;

(2)

valuer’ means the independent expert appointed to carry out the valuation in compliance with the requirements and the criteria set out in Part Four of Commission Delegated Regulation (EU) 2016/1075 (5) or the resolution authority when conducting the valuation pursuant to paragraphs (2) and (9) of Article 36 of Directive 2014/59/EU;

(3)

central counterparty’, or ‘CCP’, means a CCP as defined in Article 2(1) of Regulation (EU) No 648/2012, to the extent that it is either;

(a)

established in the Union and authorised in accordance with the procedure set out in Articles 14 to 21 of Regulation (EU) No 648/2012;

(b)

established in a third country and recognised in accordance with the procedure set out in Article 25 of Regulation (EU) No 648/2012;

(4)

clearing member’ means a clearing member as defined in Article 2(14) of Regulation (EU) No 648/2012;

(5)

close-out date’ means the day and time of the close-out specified in the communication by the resolution authority of the decision to close-out;

(6)

replacement trade’ means a transaction entered into on or after the close-out date of a derivative contract to re-establish, on a net risk exposure basis, any hedge or related trading position that has been terminated on equivalent economic terms as the closed-out transaction;

(7)

commercially reasonable replacement trade’ means a replacement trade entered into on a netted risk exposure basis, on terms consistent with common market practice and by making reasonable efforts to obtain best value for money.


(5)  Commission Delegated Regulation (EU) 2016/1075 of 23 March 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of recovery plans, resolution plans and group resolution plans, the minimum criteria that the competent authority is to assess as regards recovery plans and group recovery plans, the conditions for group financial support, the requirements for independent valuers, the contractual recognition of write-down and conversion powers, the procedures and contents of notification requirements and of notice of suspension and the operational functioning of the resolution colleges (OJ L 184, 8.7.2016, p. 1).