Open on EUR-Lex ↗

Article 2 - Categories of counterparties

Comparing 09/08/2016 → 19/05/2017: 1 added, 1 removed, 10 changed Close comparison

((c))Category 3, comprising counterparties not belonging to Category 1 or Category 2 which are any of the following:(i)financial counterparties;(ii)alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU that are non-financial counterparties;

1. 1. For the purposes of Articles 3 and 4, the counterparties subject to the clearing obligation shall be divided in the following categories:

(a)((a)) Category 1, comprising counterparties which, on the date of entry into force of this Regulation, are clearing members, within the meaning of Article 2(14) of Regulation (EU) No 648/2012, for at least one of the classes of OTC derivatives set out in Annex I of this Regulation or in Annex I of Commission Delegated Regulation (EU) 2015/2205(4),2015/2205 (^{2}), of at least one of the CCPs authorised or recognised before that date to clear at least one of those classes;

(b)((b)) Category 2, comprising counterparties not belonging to Category 1 which belong to a group whose aggregate month-end average of outstanding gross notional amount of non-centrally cleared derivatives for January, February and March 2016 is above EUR 8 billion and which are any of the following:(i)financial counterparties;(ii)alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and of the Council(5)that are non-financial counterparties;following:

(i)((i)) financial counterparties;

(ii)((ii)) alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and of the Council(5)thatCouncil (^{3}) that are non-financial counterparties;

(c)((d)) Category 4,3, comprising non-financial counterparties that do not belongbelonging to Category 1,1 or Category 2 orwhich Categoryare 3.any of the following:

(i)((i)) financial counterparties;

(ii)((ii)) alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU that are non-financial counterparties;

(d)Category 4, comprising non-financial counterparties that do not belong to Category 1, Category 2 or Category 3.

2. 2. For the purposes of calculating the group aggregate month-end average of outstanding gross notional amount referred to in point (b) of paragraph 1, all of the group's non-centrally cleared derivatives, including foreign exchange forwards, swaps and currency swaps, shall be included.

3. 3. Where counterparties are alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU or undertakings for collective investment in transferable securities as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council (^{6}),( 4 ), the EUR 8 billion threshold referred to in point (b) of paragraph 1 of this Article shall apply individually at fund level.

Official text · consolidated version 19/05/2017 (no longer in force) Open full page ↗
13 queries · page built in 141 msInventory f82bbfa3