EBA launched a consultation paper on: i) draft RTS to specify the securitisation retention rules and related requirements; and ii) draft ITS to clarify the measures to be taken in the case of non-compliance with such obligations. The consultation runs until 22 August, 2013.
Both the RTS and the ITS ultimately aim at re-establishing securitisation on a sustainable basis, mainly by encouraging market participants to develop a more transparent and uniform securitisation market and by enabling more convergence of supervisory practices across Europe with regards to the securitisation retention rules and related requirements.
The key objectives of the draft RTS are: i) an alignment of interest (risk) and information between securitisation sponsors, originators and original lenders and the investors buying securitisation transactions; and ii) to facilitate the implementation of the 5 per cent retention requirements and disclosure requirements of the sponsor, originator or original lender and the due diligence requirements of investors in securitisations.
The objective of the draft ITS is to specify the measures to be taken in the case of a material breach of the securitisation retention rules and related requirements. In particular, the ITS provide the assessment criteria for breaches of the Capital Requirements Regulation (CRR) and RTS requirements, as well as the implementation conditions and the calculation of additional risk weights to be applied by competent authorities.
The EBA is requested to submit the draft RTS and ITS to the European Commission by 1 January, 2014.
Background
The final compromise on the Capital Requirements Regulation and Capital Requirements Directive (CRR/CRD) provides a mandate for the EBA to further specify the securitisation retention rules and related requirements as well as the measures to be taken in the case of a breach of the obligations relating to the retention, due diligence and disclosure requirements.
The EBA has developed these draft RTS and ITS taking into account: i) the changes in the level 1 text of the CRR compared to the CRD II, ii) the current Guidelines on Article 122a and the associated Q&A published in September 2011, and iii) relevant market developments.
The consultation runs until 22 August, 2013.
Press release
Consultation
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