Updated 18/10/2024
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Article 7 - Valuation of cleared derivative contracts entered into between an institution under resolution and a CCP

Article 7

Valuation of cleared derivative contracts entered into between an institution under resolution and a CCP

1.   The valuer shall establish the value of liabilities arising from derivative contracts entered between, on the one hand, an institution under resolution acting as a clearing member and, on the other hand, a CCP, based on the valuation principle specified in Article 5. The early termination amount shall be determined by the CCP, within the deadline specified in paragraph 5, in accordance with the CCP default procedures, after deducting the collateral provided by the institution under resolution including initial margin, variation margin and contributions of the institution under resolution to the default fund of the CCP.

2.   The resolution authority shall communicate to the CCP and the CCP's competent authority its decision to close out the derivative contracts pursuant to Article 63(1)(k) of Directive 2014/59/EU. The decision to close out shall take effect immediately, or on the date and time specified in the communication.

3.   The resolution authority shall instruct the CCP to provide its valuation of the early termination amount for all the derivative contracts in the relevant netting set, in accordance with the CCP default procedure.

4.   The CCP shall provide the resolution authority with the CCP default procedure documents and shall report the default management steps undertaken.

5.   The resolution authority shall, in agreement with the CCP and the CCP's competent authority, set the deadline by which the CCP must provide the valuation of the early termination amount. For that purpose, the resolution authority, the CCP and the CCP's competent authority shall take both of the following into account:

(a)

the default procedure, as established by the CCP governance rules in compliance with Article 48 of Regulation (EU) No 648/2012;

(b)

the resolution timeline.

6.   The resolution authority may change the deadline set under paragraph 5 upon agreement with the CCP and the CCP's competent authority.

7.   By derogation to paragraph 1, the resolution authority may decide to apply the methodology laid down in Article 6, after consulting the CCP's competent authority, in either of the following cases:

(a)

the CCP does not provide the valuation of the early termination amount within the deadline set by the resolution authority pursuant to paragraph 5; or

(b)

the CCP's valuation of the early termination amount is not in line with the CCP default procedures set out in Article 48 of Regulation (EU) No 648/2012.