GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 20 September 2011

on monetary policy instruments and procedures of the Eurosystem

(recast)

(ECB/2011/14)

(2011/817/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, and Articles 12.1, 14.3 and 18.2, and the first paragraph of Article 20 thereof,

Whereas:

Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1) has been substantially amended several times (2) . Since further amendments are to be made, it should be recast in the interests of clarity.

Achieving a single monetary policy entails defining the instruments and procedures to be used by the Eurosystem in order to implement such a policy in a uniform manner throughout the Member States whose currency is the euro.

The verification obligation should only apply to those provisions that represent a substantive change compared to Guideline ECB/2000/7,

HAS ADOPTED THIS GUIDELINE:

Article 1

Principles, instruments, procedures and criteria for the implementation of the single monetary policy of the Eurosystem

The single monetary policy shall be implemented in accordance with the principles, instruments, procedures and criteria specified in Annexes I and II to this Guideline. The national central banks (NCBs) shall take all the appropriate measures to carry out the monetary policy operations in accordance with the principles, instruments, procedures and criteria specified in Annexes I and II to this Guideline.

Article 2

Verification

The NCBs shall forward to the European Central Bank (ECB) by 11 October 2011, at the latest, details of the texts and means by which they intend to comply with those of the provisions of this Guideline that represent substantive changes compared to Guideline ECB/2000/7.

Article 3

Repeal

1. Guideline ECB/2000/7 is repealed from 1 January 2012.

2. References to the repealed Guideline shall be construed as references to this Guideline.

Article 4

Final provisions

1. This Guideline shall enter into force 2 days after its adoption.

2. This Guideline shall apply from 1 January 2012.

Article 5

Addressees

This Guideline is addressed to all Eurosystem central banks.

(1) OJ L 310, 11.12.2000, p. 1.

(2) See Annex III.

ANNEX I

THE IMPLEMENTATION OF MONETARY POLICY IN THE EURO AREA

General documentation on Eurosystem monetary policy instruments and procedures

CONTENTS

INTRODUCTION

CHAPTER 1 — OVERVIEW OF THE MONETARY POLICY FRAMEWORK

1.1. The European System of Central Banks

1.2. Objectives of the Eurosystem

1.3. Eurosystem monetary policy instruments

1.3.1. Open market operations

1.3.2. Standing facilities

1.3.3. Minimum reserves

1.4. Counterparties

1.5. Underlying assets

1.6. Modifications to the monetary policy framework

CHAPTER 2 — ELIGIBLE COUNTERPARTIES

2.1. General eligibility criteria

2.2. Selection of counterparties for quick tenders and bilateral operations

2.3. Sanctions in the event of non-compliance with counterparty obligations

2.4. Possible measures on the grounds of prudence or following an event of default

2.4.1 Measures on the grounds of prudence

2.4.2. Measures following the event of default

2.4.3. Proportionate and non-discriminatory application of discretionary measures

CHAPTER 3 — OPEN MARKET OPERATIONS

3.1. Reverse transactions

3.1.1. General considerations

3.1.2. Main refinancing operations

3.1.3. Longer-term refinancing operations

3.1.4. Fine-tuning reverse operations

3.1.5. Structural reverse operations

3.2. Outright transactions

3.2.1. Type of instrument

3.2.2. Legal nature

3.2.3. Price terms

3.2.4. Other operational features

3.3. Issuance of ECB debt certificates

3.3.1. Type of instrument

3.3.2. Legal nature

3.3.3. Interest terms

3.3.4. Other operational features

3.4. Foreign exchange swaps

3.4.1. Type of instrument

3.4.2. Legal nature

3.4.3. Currency and exchange rate terms

3.4.4. Other operational features

3.5. Collection of fixed-term deposits

3.5.1. Type of instrument

3.5.2. Legal nature

3.5.3. Interest terms

3.5.4. Other operational features

CHAPTER 4 — STANDING FACILITIES

4.1. The marginal lending facility

4.1.1. Type of instrument

4.1.2. Legal nature

4.1.3. Access conditions

4.1.4. Maturity and interest terms

4.1.5. Suspension of the facility

4.2. The deposit facility

4.2.1. Type of instrument

4.2.2. Legal nature

4.2.3. Access conditions

4.2.4. Maturity and interest terms

4.2.5. Suspension of the facility

CHAPTER 5 — PROCEDURES

5.1. Tender procedures

5.1.1. General considerations

5.1.2. Tender operations calendar

5.1.3. Announcement of tender operations

5.1.4. Preparation and submission of bids by counterparties

5.1.5. Tender allotment procedures

5.1.6. Announcement of tender results

5.2. Procedures for bilateral operations

5.2.1. General considerations

5.2.2. Direct contact with counterparties

5.2.3. Operations executed through stock exchanges and market agents

5.2.4. Announcement of bilateral operations

5.2.5. Operating days

5.3. Settlement procedures

5.3.1. General considerations

5.3.2. Settlement of open market operations

5.3.3. End-of-day procedures

CHAPTER 6 — ELIGIBLE ASSETS

6.1. General considerations

6.2. Eligibility specifications for underlying assets

6.2.1. Eligibility criteria for marketable assets

6.2.2. Eligibility criteria for non-marketable assets

6.2.3. Additional requirements for the use of eligible assets

6.3. Eurosystem credit assessment framework

6.3.1. Scope and elements

6.3.2. Establishment of high credit standards for marketable assets

6.3.3. Establishment of high credit standards for non-marketable assets

6.3.4. Acceptance criteria for credit assessment systems

6.3.5. Performance monitoring of credit assessment systems

6.4. Risk control measures

6.4.1. General principles

6.4.2. Risk control measures for marketable assets

6.4.3. Risk control measures for non-marketable assets

6.5. Valuation principles for underlying assets

6.5.1. Marketable assets

6.5.2. Non-marketable assets

6.6. Cross-border use of eligible assets

6.6.1. Correspondent central banking model

6.6.2. Links between securities settlement systems

6.7. Acceptance of non-euro-denominated collateral in contingencies

CHAPTER 7 — MINIMUM RESERVES

7.1. General considerations

7.2. Institutions subject to minimum reserve requirements

7.3. Determination of minimum reserves

7.3.1. Reserve base and reserve ratios

7.3.2. Calculation of reserve requirements

7.4. Maintenance of reserve holdings

7.4.1. Maintenance period

7.4.2. Reserve holdings

7.4.3 Remuneration of reserve holdings

7.5. Reporting, acknowledgement and verification of the reserve base

7.6. Non-compliance with minimum reserve obligations

APPENDIX 1 — Examples of Monetary Policy Operations and Procedures

APPENDIX 2 — Glossary

APPENDIX 3 — Selection of counterparties for foreign exchange intervention operations and foreign exchange swaps for monetary policy purposes

APPENDIX 4 — The reporting framework for the money and banking statistics of the European Central Bank

APPENDIX 5 — The Eurosystem Websites

APPENDIX 6 — Procedures and sanctions to be applied in the event of non-compliance with counterparty obligations

APPENDIX 7 — Creation of a valid security over credit claims

Abbreviations

CCBM correspondent central banking model CET Central European Time CIs credit institutions CRD Capital Requirements Directive CSD central securities depository EC European Community ECAF Eurosystem credit assessment framework ECAI external credit assessment institution ECB European Central Bank EEA European Economic Area EEC European Economic Community ESA 95 European System of Accounts 1995 ESCB European System of Central Banks EU European Union ICAS in-house credit assessment system ICSD international central securities depository IDC intraday credit IRB internal ratings-based system ISIN International Securities Identification Number MFI monetary financial institution MMF money market fund NCB national central bank PD probability of default PSE public sector entity RMBD retail mortgage-backed debt instrument RoW rest of the world RT rating tool RTGS real-time gross settlement SSS securities settlement system TARGET the Trans-European Automated Real-time Gross settlement Express Transfer system, as defined in Guideline ECB/2005/16 TARGET2 the Trans-European Automated Real-time Gross settlement Express Transfer system, as defined in Guideline ECB/2007/2 UCITS undertaking for collective investment in transferable securities

Introduction

This document presents the operational framework chosen by the Eurosystem for the single monetary policy in the euro area. The document, which forms part of the Eurosystem’s legal framework for monetary policy instruments and procedures, is intended to serve as the ‘General Documentation’ on the monetary policy instruments and procedures of the Eurosystem, and is aimed, in particular, at providing counterparties with the information they need in relation to the Eurosystem’s monetary policy framework.

The General Documentation in itself neither confers rights nor imposes obligations on counterparties. The legal relationship between the Eurosystem and its counterparties is established in appropriate contractual or regulatory arrangements.

This document is divided into seven chapters. Chapter 1 gives an overview of the operational framework for the monetary policy of the Eurosystem. In Chapter 2, eligibility criteria for counterparties taking part in Eurosystem monetary policy operations are specified. Chapter 3 describes open market operations, while Chapter 4 presents the standing facilities available to counterparties. Chapter 5 specifies procedures applied in the execution of monetary policy operations. In Chapter 6, the eligibility criteria for underlying assets in monetary policy operations are defined. Chapter 7 presents the Eurosystem’s minimum reserve system.

The appendices contain examples of monetary policy operations, a glossary, criteria for the selection of counterparties for Eurosystem foreign exchange intervention operations, a presentation of the reporting framework for the money and banking statistics of the European Central Bank, a list of the Eurosystem websites, a description of the procedures and sanctions to be applied in the event of non-compliance with counterparty obligations and additional legal requirements for the creation of valid security over credit claims when these are used as collateral with the Eurosystem.

CHAPTER 1

OVERVIEW OF THE MONETARY POLICY FRAMEWORK

1.1. The European System of Central Banks

The European System of Central Banks (ESCB) consists of the European Central Bank (ECB) and the central banks of the EU Member States (1). The activities of the ESCB are carried out in accordance with the Treaty on the Functioning of the European Union and the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). The ESCB is governed by the decision-making bodies of the ECB. In this respect, the Governing Council of the ECB is responsible for the formulation of monetary policy, while the Executive Board is empowered to implement monetary policy according to the decisions made and guidelines laid down by the Governing Council. To the extent deemed possible and appropriate and with a view to ensuring operational efficiency, the ECB has recourse to the NCBs (2) for carrying out the operations which form part of the tasks of the Eurosystem. The NCBs may, if necessary for the implementation of monetary policy, share amongst the Eurosystem members individual information, such as operational data, related to counterparties participating in Eurosystem operations (3). The Eurosystem’s monetary policy operations are executed under uniform terms and conditions in all Member States (4).

1.2. Objectives of the Eurosystem

The primary objective of the Eurosystem is to maintain price stability, as defined in Article 127(1) of the Treaty. Without prejudice to the primary objective of price stability, the Eurosystem has to support the general economic policies in the Union. In pursuing its objectives, the Eurosystem has to act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources.

1.3. Eurosystem monetary policy instruments

In order to achieve its objectives, the Eurosystem has at its disposal a set of monetary policy instruments; the Eurosystem conducts open market operations, offers standing facilities and requires credit institutions to hold minimum reserves on accounts with the Eurosystem.

1.3.1. Open market operations

Open market operations play an important role in the monetary policy of the Eurosystem for the purposes of steering interest rates, managing the liquidity situation in the market and signalling the stance of monetary policy. Five types of instruments are available to the Eurosystem for the conduct of open market operations. The most important instrument is the reverse transaction (applicable on the basis of repurchase agreements or collateralised loans). The Eurosystem may also use outright transactions, the issuance of ECB debt certificates, foreign exchange swaps and the collection of fixed-term deposits. Open market operations are initiated by the ECB, which also decides on the instrument to be used and on the terms and conditions for its execution. They can be executed on the basis of standard tenders, quick tenders or bilateral procedures (5). With regard to their aims, regularity and procedures, the Eurosystem’s open market operations can be divided into the following four categories (see also Table 1):

(a) The main refinancing operations are regular liquidity-providing reverse transactions with a weekly frequency and a maturity of normally 1 week. These operations are executed by the NCBs on the basis of standard tenders. The main refinancing operations play a pivotal role in pursuing the objectives of the Eurosystem’s open market operations.

(b) The longer-term refinancing operations are liquidity-providing reverse transactions with a monthly frequency and a maturity of normally 3 months. These operations are aimed at providing counterparties with additional longer-term refinancing and are executed by the NCBs on the basis of standard tenders. In these operations, the Eurosystem does not, as a rule, intend to send signals to the market and therefore normally acts as a rate taker.

(c) Fine-tuning operations are executed on an ad-hoc basis with the aim of managing the liquidity situation in the market and steering interest rates, in particular in order to smooth the effects on interest rates caused by unexpected liquidity fluctuations in the market. Fine-tuning operations may be conducted on the last day of a reserve maintenance period to counter liquidity imbalances which may have accumulated since the allotment of the last main refinancing operation. Fine-tuning operations are primarily executed as reverse transactions, but may also take the form of either foreign exchange swaps or the collection of fixed-term deposits. The instruments and procedures applied in the conduct of fine-tuning operations are adapted to the types of transactions and the specific objectives pursued in the operations. Fine-tuning operations are normally executed by the NCBs through quick tenders or bilateral procedures. The Governing Council of the ECB can decide that, under exceptional circumstances, fine-tuning bilateral operations may be executed by the ECB itself.

(d) In addition, the Eurosystem may carry out structural operations through the issuance of ECB debt certificates, reverse transactions and outright transactions. These operations are executed whenever the ECB wishes to adjust the structural position of the Eurosystem vis-à-vis the financial sector (on a regular or non-regular basis). Structural operations in the form of reverse transactions and the issuance of debt instruments are carried out by the NCBs through standard tenders. Structural operations in the form of outright transactions are normally executed by the NCBs through bilateral procedures. The Governing Council of the ECB can decide that, under exceptional circumstances, structural operations may be executed by the ECB itself.

1.3.2. Standing facilities

Standing facilities are aimed at providing and absorbing overnight liquidity, signal the general stance of monetary policy and bound overnight market interest rates. Two standing facilities are available to eligible counterparties on their own initiative, subject to their fulfilment of certain operational access conditions (see also Table 1):

(a) Counterparties can use the marginal lending facility to obtain overnight liquidity from the NCBs against eligible assets. Under normal circumstances, there are no credit limits or other restrictions on counterparties’ access to the facility apart from the requirement to present sufficient underlying assets. The interest rate on the marginal lending facility normally provides a ceiling for the overnight market interest rate.

(b) Counterparties can use the deposit facility to make overnight deposits with the NCBs. Under normal circumstances, there are no deposit limits or other restrictions on counterparties’ access to the facility. The interest rate on the deposit facility normally provides a floor for the overnight market interest rate.

The standing facilities are administered in a decentralised manner by the NCBs.

1.3.3. Minimum reserves

The Eurosystem’s minimum reserve system applies to credit institutions in the euro area and primarily pursues the aims of stabilising money market interest rates and creating (or enlarging) a structural liquidity shortage. The reserve requirement of each institution is determined in relation to elements of its balance sheet. In order to pursue the aim of stabilising interest rates, the Eurosystem’s minimum reserve system enables institutions to make use of averaging provisions. Compliance with the reserve requirement is determined on the basis of the institutions’ average daily reserve holdings over the maintenance period. Institutions’ holdings of required reserves are remunerated at the rate of the Eurosystem’s main refinancing operations.

Table 1

Eurosystem monetary policy operations

Monetary policy operations Types of transactions Maturity Frequency Procedure Provision of liquidity Absorption of liquidity Open market operations Main refinancing operations Reverse transactions — 1 week Weekly Standard tenders Longer-term refinancing operations Reverse transactions — 3 months Monthly Standard tenders Fine-tuning operations Reverse transactions Foreign exchange swaps Reverse transactions Collection of fixed-term deposits Foreign exchange swaps Non-standardised Non-regular Quick tenders Bilateral procedures Structural operations Reverse transactions Issuance of ECB debt certificates Standardised/non-standardised Regular and non-regular Standard tenders Outright purchases Outright sales — Non-regular Bilateral procedures Standing facilities Marginal lending facility Reverse transactions — Overnight Access at the discretion of counterparties Deposit facility — Deposits Overnight Access at the discretion of counterparties

1.4. Counterparties

The Eurosystem’s monetary policy framework is formulated with a view to ensuring the participation of a broad range of counterparties. Institutions subject to minimum reserve requirements according to Article 19.1 of the Statute of the ESCB may access the standing facilities and participate in open market operations based on standard tenders as well as outright transactions. The Eurosystem may select a limited number of counterparties to participate in fine-tuning operations. For foreign exchange swaps conducted for monetary policy purposes, active players in the foreign exchange market are used. The set of counterparties for these operations is limited to those institutions selected for Eurosystem foreign exchange intervention operations which are established in the euro area.

Counterparties shall be deemed to be aware of, and shall comply with, all obligations imposed on them by anti-money laundering and counter-terrorist financing legislation.

1.5. Underlying assets

Pursuant to Article 18.1 of the Statute of the ESCB, all Eurosystem credit operations (i.e. liquidity-providing monetary policy operations and intraday credit) have to be based on adequate collateral. The Eurosystem accepts a wide range of assets to underlie its operations. The Eurosystem has developed a single framework for eligible collateral common to all Eurosystem credit operations (also referred to as the ‘Single List’). On 1 January 2007, this single framework replaced the two-tier system that had been in place since the start of stage three of economic and monetary union. The single framework covers marketable and non-marketable assets that fulfil uniform euro area-wide eligibility criteria specified by the Eurosystem. No distinction is made between marketable and non-marketable assets with regard to the quality of the assets and their eligibility for the various types of Eurosystem monetary policy operations, except that non-marketable assets are not used by the Eurosystem for outright transactions. All eligible assets may be used on a cross-border basis by means of the correspondent central banking model (CCBM) and, in the case of marketable assets, through eligible links between Union securities settlement systems (SSSs).

1.6. Modifications to the monetary policy framework

The Governing Council of the ECB may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations.

CHAPTER 2

ELIGIBLE COUNTERPARTIES

2.1. General eligibility criteria

Counterparties for Eurosystem monetary policy operations must fulfil certain eligibility criteria (6). These criteria are defined with a view to giving a broad range of institutions access to Eurosystem monetary policy operations, enhancing equal treatment of institutions across the euro area and ensuring that counterparties fulfil certain operational and prudential requirements:

(a) Only institutions subject to the Eurosystem’s minimum reserve system according to Article 19.1 of the Statute of the ESCB are eligible to be counterparties. Institutions which are exempt from their obligations under the Eurosystem’s minimum reserve system (see Section 7.2) are not eligible to be counterparties to Eurosystem standing facilities and open market operations.

(b) Counterparties must be financially sound. They should be subject to at least one form of harmonised Union/EEA supervision by national authorities (7). In view of their specific institutional nature under Union law, financially sound institutions within the meaning of Article 123(2) of the Treaty that are subject to supervision of a standard comparable to supervision by competent national authorities can be accepted as counterparties. Financially sound institutions that are subject to non-harmonised supervision by competent national authorities of a standard comparable to harmonised Union/EEA supervision can also be accepted as counterparties, e.g. branches established in the euro area of institutions incorporated outside the EEA.

(c) Counterparties must fulfil any operational criteria specified in the relevant contractual or regulatory arrangements applied by the respective NCB (or the ECB), so as to ensure the efficient conduct of Eurosystem monetary policy operations.

These general eligibility criteria are uniform throughout the euro area. Institutions fulfilling the general eligibility criteria may:

(a) access the Eurosystem’s standing facilities; and

(b) participate in Eurosystem open market operations that are based on standard tenders.

An institution may access the Eurosystem’s standing facilities and open market operations based on standard tenders only through the NCB of the Member State in which it is incorporated. If an institution has establishments (its head office or branches) in more than one Member State, each establishment has access to these operations through the NCB of the Member State in which it is established, notwithstanding the fact that the bids of an institution may only be submitted by one establishment (either the head office or a designated branch) in each Member State.

2.2. Selection of counterparties for quick tenders and bilateral operations

For outright transactions, no restrictions are placed a priori on the range of counterparties.

For foreign exchange swaps executed for monetary policy purposes, counterparties must be able to conduct large-volume foreign exchange operations efficiently under all market conditions. The range of counterparties to foreign exchange swaps corresponds to the counterparties established in the euro area which are selected for Eurosystem foreign exchange intervention operations. The criteria and procedures applied for the selection of counterparties to foreign exchange intervention operations are presented in Appendix 3.

For other operations based on quick tenders and bilateral procedures (fine-tuning reverse transactions and the collection of fixed-term deposits), each NCB selects a set of counterparties from among the institutions established in its Member State which fulfil the general counterparty eligibility criteria. In this respect, activity in the money market is the prime selection criterion. Other criteria which might be taken into account are, for example, the efficiency of the trading desk and the bidding potential.

In quick tenders and bilateral operations, the NCBs deal with the counterparties which are included in their respective set of fine-tuning counterparties. Quick tenders and bilateral operations may also be executed with a broader range of counterparties.

The Governing Council of the ECB can decide that, under exceptional circumstances, fine-tuning bilateral operations may be carried out by the ECB itself. If the ECB were to carry out bilateral operations, the selection of counterparties would in such cases be made by the ECB according to a rotation scheme among those counterparties in the euro area which are eligible for quick tenders and bilateral operations in order to ensure equitable access.

2.3. Sanctions in the event of non-compliance with counterparty obligations

The ECB shall impose sanctions, in accordance with Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (8), Regulation (EC) No 2157/1999 of the European Central Bank of 23 September 1999 on the powers of the European Central Bank to impose sanctions (ECB/1999/4) (9), Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10) and Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves (ECB/2003/9) (11), on institutions which do not comply with obligations arising from ECB Regulations and Decisions relating to the application of minimum reserves. The relevant sanctions and the procedural rules for their application are specified in the abovementioned Regulations. In addition, in the case of serious infringements of the minimum reserve requirements, the Eurosystem may suspend counterparties’ participation in open market operations.

In accordance with the provisions of the contractual or regulatory arrangements applied by the respective NCB (or by the ECB), the Eurosystem can and will impose financial penalties on counterparties, or suspend counterparties’ participation in open market operations, if counterparties fail to comply with their obligations under the contractual or regulatory arrangements applied by the NCBs (or by the ECB) as set out below.

This relates to cases of infringement of: (a) tender rules, if a counterparty fails to transfer a sufficient amount of underlying assets or cash (12) to settle (at the settlement day), or to collateralise, until the maturity of the operation by means of corresponding margin calls, the amount of liquidity it has been allotted in a liquidity-providing operation, or if it fails to transfer a sufficient amount of cash to settle the amount it has been allotted in a liquidity-absorbing operation; and (b) bilateral transaction rules, if a counterparty fails to transfer a sufficient amount of eligible underlying assets, or if it fails to transfer a sufficient amount of cash to settle the amount agreed in bilateral transactions, or if it fails to collateralise an outstanding bilateral transaction at any time until its maturity by means of corresponding margin calls.

This also applies to cases of non-compliance by a counterparty with: (a) the rules for the use of underlying assets (if a counterparty is using assets which are or have become ineligible, or which may not be used by the counterparty, e.g. owing to close links between, or the identity of, issuer/guarantor and counterparty); and (b) the rules for end-of-day procedures and access conditions for the marginal lending facility (if a counterparty which has a negative balance on the settlement account at the end of the day does not fulfil the access conditions for the marginal lending facility).

In addition, a suspension measure taken vis-à-vis a non-complying counterparty may be applied to branches of the same institution established in other Member States. Where, as an exceptional measure, this is required on account of the seriousness of a case of non-compliance, as evidenced by its frequency or duration, for instance, a counterparty may be suspended from all future monetary policy operations for a certain period of time.

Financial penalties imposed by NCBs in the event of non-compliance in relation to a breach of the rules concerning tender operations, bilateral transactions, underlying assets, end-of-day procedures or the access conditions to the marginal lending facility are calculated at a pre-specified penalty rate (as set out in Appendix 6).

2.4. Possible measures on the grounds of prudence or following an event of default

2.4.1. Measures on the grounds of prudence

The Eurosystem may take the following measures on the grounds of prudence:

(a) in accordance with the contractual or regulatory arrangements applied by the respective NCB or by the ECB, the Eurosystem may suspend, limit or exclude an individual counterparty’s access to monetary policy instruments;

(b) the Eurosystem may reject, limit the use of or apply supplementary haircuts to assets submitted as collateral in Eurosystem credit operations by specific counterparties.

2.4.2. Measures following the event of default

The Eurosystem may suspend, limit or exclude access to monetary policy operations with regard to counterparties that are in default pursuant to any contractual or regulatory arrangements applied by the NCBs.

2.4.3. Proportionate and non-discriminatory application of discretionary measures

All discretionary measures required to ensure prudent risk management are applied and calibrated by the Eurosystem in a proportionate and non-discriminatory manner. Any discretionary measure taken vis-à-vis an individual counterparty will be duly justified.

CHAPTER 3

OPEN MARKET OPERATIONS

Open market operations play an important role in the Eurosystem’s monetary policy. They are used for steering interest rates, managing the liquidity situation in the market and signalling the stance of monetary policy. With regard to their aims, regularity and procedures, Eurosystem open market operations can be divided into four categories: main refinancing operations, longer-term refinancing operations, fine-tuning operations and structural operations. As for the instruments used, reverse transactions are the main open market instrument of the Eurosystem and can be employed in all four categories of operations, whereas ECB debt certificates may be used for structural absorption operations. Structural operations may also be conducted by means of outright transactions, i.e. purchases and sales. In addition, the Eurosystem has two other instruments available for the conduct of fine-tuning operations: foreign exchange swaps and the collection of fixed-term deposits. In the following sections, specific features of the different types of open market instruments used by the Eurosystem are presented in detail.

3.1. Reverse transactions

3.1.1. General considerations

3.1.1.1. Type of instrument

Reverse transactions refer to operations where the Eurosystem buys or sells eligible assets under repurchase agreements or conducts credit operations against eligible assets as collateral. Reverse transactions are used for main refinancing operations and longer-term refinancing operations. In addition, the Eurosystem can use reverse transactions for structural and fine-tuning operations.

3.1.1.2. Legal nature

The NCBs may execute reverse transactions either in the form of repurchase agreements (i.e. the ownership of the asset is transferred to the creditor, while the parties agree to reverse the transaction through a retransfer of the asset to the debtor at a future point in time) or as collateralised loans (i.e. an enforceable security interest is provided over the assets but, assuming fulfilment of the debt obligation, the ownership of the asset is retained by the debtor). Further provisions for reverse transactions based on repurchase agreements are specified in the contractual arrangements applied by the respective NCB (or the ECB). Arrangements for reverse transactions based on collateralised loans take account of the different procedures and formalities required to enable the establishment and subsequent realisation of a relevant interest in the collateral (e.g. a pledge, an assignment or a charge) which apply in different jurisdictions.

3.1.1.3. Interest terms

The difference between the purchase price and the repurchase price in a repurchase agreement corresponds to the interest due on the amount of money borrowed or lent over the maturity of the operation, i.e. the repurchase price includes the respective interest to be paid. The interest rate on a reverse transaction in the form of a collateralised loan is determined by applying the specified interest rate on the credit amount over the maturity of the operation. The interest rate applied to Eurosystem reverse open market operations is a simple interest rate based on the day-count convention ‘actual/360’.

3.1.2. Main refinancing operations

The main refinancing operations are the most important open market operations conducted by the Eurosystem, playing a pivotal role in pursuing the aims of steering interest rates, managing the liquidity situation in the market and signalling the stance of monetary policy.

The operational features of the main refinancing operations can be summarised as follows:

(a) they are liquidity-providing reverse operations;

(b) they are executed regularly each week (13);

(c) they normally have a maturity of 1 week (14);

(d) they are executed in a decentralised manner by the NCBs;

(e) they are executed through standard tenders (as specified in Section 5.1);

(f) all counterparties fulfilling the general eligibility criteria (as specified in Section 2.1) may submit bids for the main refinancing operations; and

(g) marketable and non-marketable assets (as specified in Chapter 6) are eligible as underlying assets for the main refinancing operations.

3.1.3. Longer-term refinancing operations

The Eurosystem also executes regular refinancing operations, normally with a 3-month maturity, which are aimed at providing additional longer-term refinancing to the financial sector. In these operations, the Eurosystem does not, as a rule, intend to send signals to the market and therefore normally acts as a rate taker. Accordingly, longer-term refinancing operations are usually executed in the form of variable rate tenders and, from time to time, the ECB indicates the operation volume to be allotted in forthcoming tenders. Under exceptional circumstances, the Eurosystem may also execute longer-term refinancing operations through fixed rate tenders.

The operational features of the longer-term refinancing operations can be summarised as follows:

(a) they are liquidity-providing reverse operations;

(b) they are executed regularly each month (15);

(c) they normally have a maturity of 3 months (16);

(d) they are executed in a decentralised manner by the NCBs;

(e) they are executed through standard tenders (as specified in Section 5.1);

(f) all counterparties fulfilling the general eligibility criteria (as specified in Section 2.1) may submit bids for the longer-term refinancing operations; and

(g) marketable and non-marketable assets (as specified in Chapter 6) are eligible as underlying assets for the longer-term refinancing operations.

3.1.4. Fine-tuning reverse operations

The Eurosystem can execute fine-tuning operations in the form of reverse open market transactions. Fine-tuning operations aim to manage the liquidity situation in the market and to steer interest rates, in particular in order to smooth the effects on interest rates caused by unexpected liquidity fluctuations in the market. Fine-tuning operations may be conducted on the last day of a reserve maintenance period to counter liquidity imbalances which may have accumulated since the allotment of the last main refinancing operation. The potential need for rapid action in the case of unexpected market developments makes it desirable to retain a high degree of flexibility in the choice of procedures and operational features in the conduct of these operations.

The operational features of the fine-tuning reverse operations can be summarised as follows:

(a) they can take the form of liquidity-providing or liquidity-absorbing operations;

(b) their frequency is not standardised;

(c) their maturity is not standardised;

(d) liquidity-providing fine-tuning reverse transactions are normally executed through quick tenders, although the possibility of using bilateral procedures is not excluded (see Chapter 5);

(e) liquidity-absorbing fine-tuning reverse transactions are executed, as a rule, through bilateral procedures (as specified in Section 5.2);

(f) they are normally executed in a decentralised manner by the NCBs (the Governing Council of the ECB can decide that, under exceptional circumstances, bilateral fine-tuning reverse operations may be executed by the ECB);

(g) the Eurosystem may select, according to the criteria specified in Section 2.2, a limited number of counterparties to participate in fine-tuning reverse operations; and

(h) marketable and non-marketable assets (as specified in Chapter 6) are eligible as underlying assets for fine-tuning reverse operations.

3.1.5. Structural reverse operations

The Eurosystem may execute structural operations in the form of reverse open market transactions aimed at adjusting the structural position of the Eurosystem vis-à-vis the financial sector.

The operational features of these operations can be summarised as follows:

(a) they are liquidity-providing operations;

(b) their frequency can be regular or non-regular;

(c) their maturity is not standardised a priori;

(d) they are executed through standard tenders (as specified in Section 5.1);

(e) they are executed in a decentralised manner by the NCBs;

(f) all counterparties fulfilling the general eligibility criteria (as specified in Section 2.1) may submit bids for structural reverse operations; and

(g) marketable and non-marketable assets (as specified in Chapter 6) are eligible as underlying assets for structural reverse operations.

3.2. Outright transactions

3.2.1. Type of instrument

Outright open market transactions refer to operations where the Eurosystem buys or sells eligible assets outright on the market. Such operations are executed only for structural purposes.

3.2.2. Legal nature

An outright transaction implies a full transfer of ownership from the seller to the buyer with no connected reverse transfer of ownership. The transactions are executed in accordance with the market conventions for the debt instrument used in the transaction.

3.2.3. Price terms

In the calculation of prices, the Eurosystem acts in accordance with the most widely accepted market convention for the debt instruments used in the transaction.

3.2.4. Other operational features

The operational features of Eurosystem outright transactions can be summarised as follows:

(a) they can take the form of liquidity-providing (outright purchase) or liquidity-absorbing (outright sale) operations;

(b) their frequency is not standardised;

(c) they are executed through bilateral procedures (as specified in Section 5.2);

(d) they are normally executed in a decentralised manner by the NCBs (the Governing Council of the ECB can decide that, under exceptional circumstances, outright transactions may be executed by the ECB);

(e) no restrictions are placed a priori on the range of counterparties to outright transactions; and

(f) only marketable assets (as specified in Chapter 6) are used as underlying assets in outright transactions.

3.3. Issuance of ECB debt certificates

3.3.1. Type of instrument

The ECB may issue debt certificates with the aim of adjusting the structural position of the Eurosystem vis-à-vis the financial sector so as to create (or enlarge) a liquidity shortage in the market.

3.3.2. Legal nature

ECB debt certificates constitute a debt obligation of the ECB vis-à-vis the holder of the certificate. They are issued and held in book-entry form in securities depositories in the euro area. The ECB does not impose any restrictions on the transferability of the certificates. Further provisions related to ECB debt certificates will be contained in the terms and conditions for such certificates.

3.3.3. Interest terms

ECB debt certificates are issued at a discount, i.e. they are issued at below the nominal amount and are redeemed at maturity at the nominal amount. The difference between the discounted issue amount and the redemption amount equals the interest accrued on the discounted issue amount, at the agreed interest rate, over the maturity of the certificate. The interest rate applied is a simple interest rate based on the day-count convention ‘actual/360’. The calculation of the discounted issue amount is shown in Box 1.

BOX 1

Issuance of ECB debt certificates

The discounted issue amount is:

where:

N = nominal amount of the ECB debt certificate rI = interest rate (in %) D = maturity of the ECB debt certificate (in days) PT = discounted issue amount of the ECB debt certificate

3.3.4. Other operational features

The operational features of the issuance of ECB debt certificates can be summarised as follows:

(a) the certificates are issued in order to absorb liquidity from the market;

(b) the certificates can be issued on a regular or non-regular basis;

(c) the certificates have a maturity of less than 12 months;

(d) the certificates are issued through standard tenders (as specified in Section 5.1);

(e) the certificates are tendered and settled in a decentralised manner by the NCBs; and

(f) all counterparties fulfilling the general eligibility criteria (as specified in Section 2.1) may submit bids for the subscription of ECB debt certificates.

3.4. Foreign exchange swaps

3.4.1. Type of instrument

Foreign exchange swaps executed for monetary policy purposes consist of simultaneous spot and forward transactions in euro against a foreign currency. They are used for fine-tuning purposes, mainly with the aim of managing the liquidity situation in the market and steering interest rates.

3.4.2. Legal nature

Foreign exchange swaps executed for monetary policy purposes refer to operations where the Eurosystem buys (or sells) euro spot against a foreign currency and, at the same time, sells (or buys) it back in a forward transaction on a specified repurchase date. Further provisions for foreign exchange swaps are specified in the contractual arrangement applied by the respective NCB (or the ECB).

3.4.3. Currency and exchange rate terms

As a rule, the Eurosystem operates only in widely traded currencies and in accordance with standard market practice. In each foreign exchange swap operation, the Eurosystem and the counterparties agree on the swap points for the transaction. The swap points are the difference between the exchange rate of the forward transaction and the exchange rate of the spot transaction. The swap points of the euro vis-à-vis the foreign currency are quoted according to general market conventions. The exchange rate terms of foreign exchange swaps are specified in Box 2.

3.4.4. Other operational features

The operational features of foreign exchange swaps can be summarised as follows:

(a) they can take the form of liquidity-providing or liquidity-absorbing operations;

(b) their frequency is not standardised;

(c) their maturity is not standardised;

(d) they are executed through quick tenders or bilateral procedures (see Chapter 5);

(e) they are normally executed in a decentralised manner by the NCBs (the Governing Council of the ECB can decide that, under exceptional circumstances, bilateral foreign exchange swaps may be executed by the ECB); and

(f) the Eurosystem may select, according to the criteria specified in Section 2.2 and Appendix 3, a limited number of counterparties to participate in foreign exchange swaps.

BOX 2

Foreign exchange swaps

S = spot (on the transaction date of the foreign exchange swap) of the exchange rate between the euro (EUR) and a foreign currency ABC FM = forward exchange rate between the euro and a foreign currency ABC on the repurchase date of the swap (M) ΔΜ = forward points between the euro and ABC at the repurchase date of the swap (M) Δ M = FM – S N(.) = spot amount of currency; N(.)M is the forward amount of currency: N (ABC) = N (EUR) × S or N (ABC) M = N (EUR) M × F M or

3.5. Collection of fixed-term deposits

3.5.1. Type of instrument

The Eurosystem may invite counterparties to place remunerated fixed-term deposits with the NCB in the Member State in which the counterparty is established. The collection of fixed-term deposits is envisaged only for fine-tuning purposes in order to absorb liquidity in the market.

3.5.2. Legal nature

The deposits accepted from counterparties are for a fixed term and with a fixed rate of interest. No collateral is given by the NCBs in exchange for the deposits.

3.5.3. Interest terms

The interest rate applied to the deposit is a simple interest rate based on the day-count convention ‘actual/360’. Interest is paid at maturity of the deposit.

3.5.4. Other operational features

The operational features of the collection of fixed-term deposits can be summarised as follows:

(a) the deposits are collected in order to absorb liquidity;

(b) the frequency with which deposits are collected is not standardised;

(c) the maturity of the deposits is not standardised;

(d) the collection of deposits is normally executed through quick tenders, although the possibility of using bilateral procedures is not excluded (see Chapter 5);

(e) the collection of deposits is normally executed in a decentralised manner by the NCBs (the Governing Council of the ECB can decide that, under exceptional circumstances, the bilateral collection of fixed-term deposits (17) may be executed by the ECB); and

(f) the Eurosystem may select, according to the criteria specified in Section 2.2, a limited number of counterparties for the collection of fixed-term deposits.

CHAPTER 4

STANDING FACILITIES

4.1. The marginal lending facility

4.1.1. Type of instrument

Counterparties may use the marginal lending facility to obtain overnight liquidity from NCBs at a pre-specified interest rate against eligible assets (as set out in Chapter 6). The facility is intended to satisfy counterparties’ temporary liquidity needs. Under normal circumstances, the interest rate on the facility provides a ceiling for the overnight market interest rate. The terms and conditions of the facility are identical throughout the euro area.

4.1.2. Legal nature

The NCBs may provide liquidity under the marginal lending facility either in the form of overnight repurchase agreements (i.e. the ownership of the asset is transferred to the creditor, while the parties agree to reverse the transaction through a retransfer of the asset to the debtor on the next business day) or as overnight collateralised loans (i.e. an enforceable security interest is provided over the assets but, assuming fulfilment of the debt obligation, ownership of the asset is retained by the debtor). Further provisions for repurchase agreements are specified in the contractual arrangements applied by the respective NCB. Arrangements for providing the liquidity in the form of collateralised loans take account of the different procedures and formalities required to enable the establishment and subsequent realisation of a relevant interest in the collateral (a pledge, an assignment or a charge) which apply in different jurisdictions.

4.1.3. Access conditions

Institutions fulfilling the general counterparty eligibility criteria specified in Section 2.1 may access the marginal lending facility. Access to the marginal lending facility is granted through the NCB in the Member State in which the institution is established. Access to the marginal lending facility is granted only on days when TARGET2 (18) is operational (19). On days when the SSSs are not operational, access to the marginal lending facilities is granted on the basis of underlying assets which have already been pre-deposited with the NCBs.

At the end of each business day, counterparties’ debit positions on their settlement account with the NCBs are automatically considered to be a request for recourse to the marginal lending facility. The procedures for end-of-day access to the marginal lending facility are specified in Section 5.3.3.

A counterparty may also be granted access to the marginal lending facility by sending a request to the NCB in the Member State in which the counterparty is established. For the NCB to process the request on the same day in TARGET2, the request must be received by the NCB at the latest 15 minutes following the TARGET2 closing time (20), (21). As a general rule, the TARGET2 closing time is 6 p.m. ECB time (CET). The deadline for requesting access to the marginal lending facility is postponed by an additional 15 minutes on the last Eurosystem business day of a reserve maintenance period. The request must specify the amount of credit and, if underlying assets for the transaction have not already been pre-deposited with the NCB, the underlying assets to be delivered for the transaction.

Apart from the requirement to present sufficient underlying eligible assets, there is no limit to the amount of funds that can be advanced under the marginal lending facility.

4.1.4. Maturity and interest terms

The maturity of credit extended under the facility is overnight. For counterparties participating directly in TARGET2, the credit is repaid on the next day on which (i) TARGET2; and (ii) the relevant SSSs are operational, at the time at which those systems open.

The interest rate is announced in advance by the Eurosystem and is calculated as a simple interest rate based on the day-count convention ‘actual/360’. The ECB may change the interest rate at any time, effective, at the earliest, from the following Eurosystem business day (22), (23). Interest under the facility is payable with the repayment of the credit.

4.1.5. Suspension of the facility

Access to the facility is granted only in accordance with the objectives and general monetary policy considerations of the ECB. The ECB may adapt the conditions of the facility or suspend it at any time.

4.2. The deposit facility

4.2.1. Type of instrument

Counterparties can use the deposit facility to make overnight deposits with NCBs. The deposits are remunerated at a pre-specified interest rate. Under normal circumstances, the interest rate on the facility provides a floor for the overnight market interest rate. The terms and conditions of the deposit facility are identical throughout the euro area (24).

4.2.2. Legal nature

The overnight deposits accepted from counterparties are remunerated at a fixed rate of interest. No collateral is given to the counterparty in exchange for the deposits.

4.2.3. Access conditions (25)

Institutions fulfilling the general counterparty eligibility criteria specified in Section 2.1 may access the deposit facility. Access to the deposit facility is granted through the NCB in the Member State in which the institution is established. Access to the deposit facility is granted only on days when TARGET2 is open (26).

To be granted access to the deposit facility, the counterparty must send a request to the NCB in the Member State in which the counterparty is established. For the NCB to process the request on the same day in TARGET2, the request must be received by the NCB at the latest 15 minutes following the TARGET2 closing time, which is, as a general rule, 6 p.m. ECB time (CET) (27), (28). The deadline for requesting access to the deposit facility is postponed by an additional 15 minutes on the last Eurosystem business day of a reserve maintenance period. The request must specify the amount to be deposited under the facility.

There is no limit to the amount a counterparty may deposit under the facility.

4.2.4. Maturity and interest terms

The maturity of deposits under the facility is overnight. For counterparties participating directly in TARGET2, deposits held under the facility mature on the next day on which TARGET2 is operational, at the time at which this system opens.

The interest rate is announced in advance by the Eurosystem and is calculated as a simple interest rate based on the day-count convention ‘actual/360’. The ECB may change the interest rate at any time, effective, at the earliest, from the following Eurosystem business day (29). Interest on the deposits is payable on maturity of the deposit.

4.2.5. Suspension of the facility

Access to the facility is granted only in accordance with the objectives and general monetary policy considerations of the ECB. The ECB may adapt the conditions of the facility or suspend it at any time.

CHAPTER 5

PROCEDURES

5.1. Tender procedures

5.1.1. General considerations

Eurosystem open market operations are normally executed in the form of tenders. The Eurosystem’s tender procedures are performed in six operational steps, as specified in Box 3.

The Eurosystem distinguishes between two different types of tender procedures: standard tenders and quick tenders. The procedures for standard and quick tenders are identical, except for the time frame and the range of counterparties.

5.1.1.1. Standard tenders

For standard tenders, a maximum of 24 hours elapses from the announcement of the tender to the certification of the allotment result (where the time between the submission deadline and the announcement of the allotment result is approximately 2 hours). Chart 1 gives an overview of the normal time frame for the operational steps for standard tenders. The ECB may decide to adjust the time frame in individual operations, if deemed appropriate.

The main refinancing operations, the longer-term refinancing operations and structural operations (with the exception of outright transactions) are always executed in the form of standard tenders. Counterparties fulfilling the general eligibility criteria specified in Section 2.1 may participate in standard tenders.

5.1.1.2. Quick tenders

Quick tenders are normally executed within 90 minutes of the announcement of the tender, with certification taking place immediately after the announcement of the allotment result. The normal time frame for the operational steps for quick tenders is specified in Chart 2. The ECB may decide to adjust the time frame in individual operations, if deemed appropriate. Quick tenders are only used for the execution of fine-tuning operations. The Eurosystem may select, according to the criteria and procedures specified in Section 2.2, a limited number of counterparties to participate in quick tenders.

5.1.1.3. Fixed rate and variable rate tenders

The Eurosystem has the option of conducting either fixed rate (volume) or variable rate (interest) tenders. In a fixed rate tender, the ECB specifies the interest rate in advance and participating counterparties bid the amount of money they want to transact at the fixed interest rate (30). In a variable rate tender, counterparties bid the amounts of money and the interest rates at which they want to enter into transactions with the NCBs (31).

BOX 3

Operational steps for tender procedures

Step 1 Tender announcement

a. Announcement by the ECB through public wire services and the ECB’s website

b. Announcement by the NCBs through national wire services and directly to individual counterparties (if deemed necessary)

Step 2 Counterparties’ preparation and submission of bids

Step 3 Compilation of bids by the Eurosystem

Step 4 Tender allotment and announcement of tender results

a. ECB allotment decision

b. Announcement of the allotment results through public wire services and the ECB’s website

Step 5 Certification of individual allotment results

Step 6 Settlement of the transactions (see Section 5.3)

5.1.2. Tender operations calendar

5.1.2.1. Main and longer-term refinancing operations

The main and the longer-term refinancing operations are executed according to an indicative calendar published by the Eurosystem (32). The calendar is published at least 3 months before the start of the year for which it is valid. The normal trade days for the main and the longer-term refinancing operations are specified in Table 2. The ECB aims to ensure that counterparties in all Member States can participate in the main and the longer-term refinancing operations. Therefore, when compiling the calendar for these operations, the ECB makes appropriate adjustments to the normal schedule to take into account bank holidays in the individual Member States.

5.1.2.2. Structural operations

Structural operations through standard tenders are not executed according to any pre-specified calendar. However, they are normally conducted and settled only on days which are NCB business days (33) in all Member States.

5.1.2.3. Fine-tuning operations

Fine-tuning operations are not executed according to any pre-specified calendar. The ECB may decide to conduct fine-tuning operations on any Eurosystem business day. Only NCBs of Member States in which the trade day, the settlement day and the reimbursement day are NCB business days participate in such operations.

Chart 1

Normal time frame for the operational steps in standard tenders

(times are stated in ECB time (CET))

Chart 2

Normal time frame for the operational steps in quick tenders

Table 2

Normal trade days for the main and the longer-term refinancing operations

Type of operation Normal trade day (T) Main refinancing operations Each Tuesday Longer-term refinancing operations The last Wednesday of each calendar month (34)

5.1.3. Announcement of tender operations

Eurosystem standard tenders are publicly announced by means of wire services and the ECB’s website. In addition, NCBs may announce the tender operation directly to counterparties without access to wire services. The public tender announcement message normally contains the following information:

(a) the reference number of the tender operation;

(b) the date of the tender operation;

(c) the type of operation (provision or absorption of liquidity and the type of monetary policy instrument to be used);

(d) the maturity of the operation;

(e) the type of auction (fixed rate or variable rate tender);

(f) the method of allotment (‘Dutch’ or ‘American’ auction, as defined in Section 5.1.5);

(g) the intended operation volume (normally only in the case of longer-term refinancing operations);

(h) the fixed tender interest rate/price/swap point (in the case of fixed rate tenders);

(i) the minimum/maximum accepted interest rate/price/swap point (if applicable);

(j) the start date and the maturity date of the operation (if applicable), or the value date and the maturity date of the instrument (in the case of the issuance of ECB debt certificates);

(k) the currencies involved and the currency, the amount of which is kept fixed (in the case of foreign exchange swaps);

(l) the reference spot exchange rate to be used for the calculation of bids (in the case of foreign exchange swaps);

(m) the maximum bid limit (if any);

(n) the minimum individual allotment amount (if any);

(o) the minimum allotment ratio (if any);

(p) the time schedule for the submission of bids;

(q) the denomination of the certificates (in the case of the issuance of ECB debt certificates); and

(r) the ISIN code of the issue (in the case of the issuance of ECB debt certificates).

With a view to enhancing transparency in its fine-tuning operations, the Eurosystem normally announces quick tenders publicly in advance. However, under exceptional circumstances, the ECB may decide not to announce quick tenders publicly in advance. The announcement of quick tenders follows the same procedures as those for standard tenders. In a quick tender which is not announced publicly in advance, the selected counterparties are contacted directly by the NCBs. In a quick tender which is announced publicly, the NCB may contact the selected counterparties directly.

5.1.4. Preparation and submission of bids by counterparties

Counterparties’ bids must be in a form that follows the pro forma example provided by the NCBs for the relevant operation. The bids must be submitted to the NCB of a Member State in which the institution has an establishment (head office or branch). The bids of an institution may only be submitted by one establishment (either the head office or a designated branch) in each Member State.

In fixed rate tenders, counterparties must state in their bids the amount of money that they are willing to transact with the NCBs (35).

In variable rate tenders, counterparties may submit bids for up to 10 different interest rate/price/swap point levels. In exceptional circumstances the Eurosystem may impose a limit on the number of bids that may be submitted as regards variable rate tenders. In each bid, counterparties must state the amount of money that they are willing to transact with the NCBs and the relevant interest rate (36), (37). The interest rates bid must be expressed as multiples of 0,01 percentage points. In the case of a variable rate foreign exchange swap tender, the swap points must be quoted according to standard market conventions and bids must be expressed as multiples of 0,01 swap points.

For the main refinancing operations, the minimum bid amount is EUR 1 000 000. Bids exceeding this amount must be expressed as multiples of EUR 100 000. The same minimum bid and multiple amounts are applied in fine-tuning and structural operations. The minimum bid amount is applied to each individual interest rate/price/swap point level.

For the longer-term refinancing operations, each NCB defines a minimum bid amount in the range from EUR 10 000 to EUR 1 000 000. Bids exceeding the defined minimum bid amount must be expressed as multiples of EUR 10 000. The minimum bid amount is applied to each individual interest rate level.

The ECB may impose a maximum bid limit in order to prevent disproportionately large bids. Any such maximum bid limit is always specified in the public tender announcement message.

Counterparties are expected always to be in a position to cover the amounts allotted to them with a sufficient amount of eligible underlying assets (38). The contractual or regulatory arrangements applied by the relevant NCB allow the imposition of penalties if a counterparty fails to transfer a sufficient amount of underlying assets or cash to settle the amount it has been allotted in a tender operation.

Bids are revocable up to the tender submission deadline. Bids submitted after the deadline specified in the tender announcement message are invalid. Respect of the deadline is judged by the NCBs. The NCBs discard all the bids of a counterparty if the aggregate amount bid exceeds any maximum bid limit established by the ECB. The NCBs also discard any bid which is below the minimum bid amount or which is below any minimum or above any maximum accepted interest rate/price/swap point. Furthermore, the NCBs may discard bids which are incomplete or which do not follow the pro forma example. If a bid is discarded, the respective NCB informs the counterparty about its decision prior to the tender allotment.

5.1.5. Tender allotment procedures

5.1.5.1. Fixed rate tender operations

In the allotment of a fixed rate tender, the bids received from counterparties are added together. If the aggregate amount bid exceeds the total amount of liquidity to be allotted, the submitted bids will be satisfied pro rata, according to the ratio of the amount to be allotted to the aggregate amount bid (see Box 4). The amount allotted to each counterparty is rounded to the nearest euro. However, the ECB may decide to allot a minimum amount/ratio to each bidder in fixed rate tenders.

BOX 4

Allotment of fixed rate tenders

The percentage of allotment is:

The amount allotted to the ith counterparty is:

alli = all % × (ai )

where:

A = total amount allotted n = total number of counterparties ai = bid amount of the ith counterparty all% = percentage of allotment alli = total amount allotted to the ith counterparty

5.1.5.2. Variable rate tenders in euro

In the allotment of liquidity-providing variable rate tenders in euro, bids are listed in descending order of offered interest rates. Bids with the highest interest rate levels are satisfied first and subsequently bids with successively lower interest rates are accepted until the total liquidity to be allotted is exhausted. If, at the lowest interest rate level accepted (i.e. the marginal interest rate), the aggregate amount bid exceeds the remaining amount to be allotted, the remaining amount is allocated pro rata among the bids according to the ratio of the remaining amount to be allotted to the total amount bid at the marginal interest rate (see Box 5). The amount allotted to each counterparty is rounded to the nearest euro.

In the allotment of liquidity-absorbing variable rate tenders (which may be used for the issuance of ECB debt certificates and the collection of fixed-term deposits), bids are listed in ascending order of offered interest rates (or descending order of offered prices). Bids with the lowest interest rate (highest price) levels are satisfied first and subsequently bids with successively higher interest rates (lower price bids) are accepted until the total liquidity to be absorbed is exhausted. If, at the highest interest rate (lowest price) level accepted (i.e. the marginal interest rate/price), the aggregate bid amount exceeds the remaining amount to be allotted, the remaining amount is allocated pro rata among the bids according to the ratio of the remaining amount to be allotted to the total bid amount at the marginal interest rate/price (see Box 5). For the issuance of ECB debt certificates, the amount allotted to each counterparty is rounded to the nearest multiple of the denomination of the ECB debt certificates. For other liquidity-absorbing operations, the amount allotted to each counterparty is rounded to the nearest euro.

The ECB may decide to allot a minimum amount to each successful bidder in variable rate tenders.

BOX 5

Allotment of variable rate tenders in euro

(the example refers to bids quoted in the form of interest rates)

The percentage of allotment at the marginal interest rate is:

The allotment to the ith counterparty at the marginal interest rate is:

all (rm ) i = all%(rm ) × a(rm)i

The total amount allotted to the ith counterparty is:

where:

A = total amount allotted r s = sth interest rate bid by the counterparties n = total number of counterparties a(r s ) i = amount bid at the sth interest rate (r s ) by the ith counterparty a(r s ) = total amount bid at the sth interest rate (r s ) r m = marginal interest rate: r 1 ≥ rs ≥ rm for a liquidity-providing tender rm ≥ rs ≥ r 1 for a liquidity-absorbing tender r m–1 = interest rate before the marginal interest rate (last interest rate at which bids are completely satisfied): rm–1 > rm for a liquidity-providing tender rm > r m–1 for a liquidity-absorbing tender all%(r m ) = percentage of allotment at the marginal interest rate all(r s ) i = allotment to the ith counterparty at the sth interest rate all i = total amount allotted to the ith counterparty

5.1.5.3. Variable rate foreign exchange swap tenders

In the allotment of liquidity-providing variable rate foreign exchange swap tenders, bids are listed in ascending order of swap point quotations (39). The bids with the lowest swap point quotations are satisfied first and subsequently successively higher swap point quotations are accepted until the total amount of the fixed currency to be allotted is exhausted. If, at the highest swap point quotation accepted (i.e. the marginal swap point quotation), the aggregate amount bid exceeds the remaining amount to be allotted, the remaining amount is allocated pro rata among the bids according to the ratio of the remaining amount to be allotted to the total amount bid at the marginal swap point quotation (see Box 6). The amount allotted to each counterparty is rounded to the nearest euro.

In the allotment of liquidity-absorbing variable rate foreign exchange swap tenders, bids are listed in descending order of offered swap point quotations. The bids with the highest swap point quotations are satisfied first and subsequently successively lower swap point quotations are accepted until the total amount of the fixed currency to be absorbed is exhausted. If, at the lowest swap point quotation accepted (i.e. the marginal swap point quotation), the aggregate amount bid exceeds the remaining amount to be allotted, the remaining amount is allocated pro rata among the bids according to the ratio of the remaining amount to be allotted to the total amount bid at the marginal swap point quotation (see Box 6). The amount allotted to each counterparty is rounded to the nearest euro.

5.1.5.4. Type of auction

For variable rate tenders, the Eurosystem may apply either single rate or multiple rate auction procedures. In a single rate auction (Dutch auction), the allotment interest rate/price/swap point applied for all satisfied bids is equal to the marginal interest rate/price/swap point (i.e. that at which the total allotment is exhausted). In a multiple rate auction (American auction), the allotment interest rate/price/swap point is equal to the interest rate/price/swap point offered for each individual bid.

BOX 6

Allotment of variable rate foreign exchange swap tenders

The percentage of allotment at the marginal swap point quotation is:

The allotment to the ith counterparty at the marginal swap point quotation is:

all (Δ m ) i = all% (Δ m ) × a(Δm)i

The total amount allotted to the ith counterparty is:

where:

A = total amount allotted Δ s = sth swap point quotation bid by the counterparties n = total number of counterparties a(Δ s ) i = amount bid at the sth swap point quotation (Δs) by the ith counterparty a(Δ s ) = total amount bid at the sth swap point quotation (Δs) Δ m = marginal swap point quotation: Δ m ≥ Δ s ≥ Δ1 for a liquidity-providing foreign exchange swap Δ1 ≥ Δ s ≥ Δ m for a liquidity-absorbing foreign exchange swap Δ m–1 = swap point quotation before the marginal swap point quotation (last swap point quotation at which bids are completely satisfied): Δ m > Δ m–1 for a liquidity-providing foreign exchange swap Δ m–1 > Δ m for a liquidity-absorbing foreign exchange swap all%(Δ m ) = percentage of allotment at the marginal swap point quotation all(Δ s ) i = allotment to the ith counterparty at the sth swap point quotation all i = total amount allotted to the ith counterparty

5.1.6. Announcement of tender results

The results of standard and quick tenders are announced publicly by means of wire services and the ECB’s website. In addition, NCBs may announce the allotment result directly to counterparties without access to wire services. The public tender result message normally contains the following information:

(a) the reference number of the tender operation;

(b) the date of the tender operation;

(c) the type of operation;

(d) the maturity of the operation;

(e) the total amount bid by Eurosystem counterparties;

(f) the number of bidders;

(g) the currencies involved (in the case of foreign exchange swaps);

(h) the total amount allotted;

(i) the percentage of allotment (in the case of fixed rate tenders);

(j) the spot exchange rate (in the case of foreign exchange swaps);

(k) the marginal interest rate/price/swap point accepted and the percentage of allotment at the marginal interest rate/price/swap point (in the case of variable rate tenders);

(l) the minimum bid rate, maximum bid rate and weighted average allotment rate (in the case of multiple rate auctions);

(m) the start date and the maturity date of the operation (if applicable) or the value date and the maturity date of the instrument (in the case of the issuance of ECB debt certificates);

(n) the minimum individual allotment amount (if any);

(o) the minimum allotment ratio (if any);

(p) the denomination of the certificates (in the case of the issuance of ECB debt certificates); and

(q) the ISIN code of the issue (in the case of the issuance of ECB debt certificates).

The NCBs will directly certify the individual allotment result to successful counterparties.

5.2. Procedures for bilateral operations

5.2.1. General considerations

The NCBs may execute operations on the basis of bilateral procedures. These procedures may be used for fine-tuning open market operations and structural outright operations (40). They are defined in a broad sense as any procedures where the Eurosystem conducts a transaction with one or a few counterparties without a tender. In this respect, two different types of bilateral procedures can be distinguished: operations where counterparties are contacted directly by the Eurosystem, and operations executed through stock exchanges and market agents.

5.2.2. Direct contact with counterparties

In this procedure, the NCBs directly contact one or a few domestic counterparties, which are selected according to the criteria specified in Section 2.2. According to the precise instructions given by the ECB, the NCBs decide whether to enter into a deal with the counterparties. The transactions are settled through the NCBs.

If the Governing Council of the ECB were to decide that, under exceptional circumstances, bilateral operations could also be executed by the ECB itself (or by one or a few NCBs acting as the operating arm of the ECB), the procedures for such operations would be adapted accordingly. In this case, the ECB (or the NCB(s) acting as the operating arm of the ECB) would directly contact one or a few counterparties in the euro area, selected according to the criteria specified in Section 2.2. The ECB (or the NCB(s) acting as the operating arm of the ECB) would decide whether to enter into a deal with the counterparties. The transactions would nevertheless be settled in a decentralised manner through the NCBs.

Bilateral operations through direct contact with counterparties can be applied for reverse transactions, outright transactions, foreign exchange swaps and the collection of fixed-term deposits.

5.2.3. Operations executed through stock exchanges and market agents

The NCBs can execute outright transactions through stock exchanges and market agents. For these operations, the range of counterparties is not restricted a priori and the procedures are adapted to the market conventions for the debt instruments transacted.

5.2.4. Announcement of bilateral operations

Bilateral operations are normally not announced publicly in advance. In addition, the ECB may decide not to announce the results of bilateral operations publicly.

5.2.5. Operating days

The ECB may decide to conduct fine-tuning bilateral operations on any Eurosystem business day. Only NCBs of Member States where the trade day, the settlement day and the reimbursement day are NCB business days participate in such operations.

Outright bilateral operations for structural purposes are normally only conducted and settled on days which are NCB business days in all Member States.

5.3. Settlement procedures

5.3.1. General considerations

Money transactions relating to the use of Eurosystem standing facilities or to participation in open market operations are settled on the counterparties’ accounts with the NCBs or on the accounts of settlement banks participating in TARGET2. Money transactions are settled only after (or at the moment of) the final transfer of the assets underlying the operation. This implies that underlying assets need either to have been pre-deposited in a safe custody account at the NCBs or to be settled with said NCBs on an intraday delivery-versus-payment basis. The transfer of underlying assets is executed via the counterparties’ securities settlement accounts with SSSs fulfilling the ECB’s minimum standards (41). Counterparties without a safe custody account with an NCB or a securities settlement account with an SSS fulfilling the ECB’s minimum standards may settle the transactions of underlying assets through the securities settlement account or the safe custody account of a correspondent credit institution.

Further provisions related to the settlement procedures are defined in the contractual arrangements applied by the NCBs (or the ECB) for the specific monetary policy instruments. The settlement procedures may differ slightly between NCBs owing to differences in national law and operational practices.

Table 3

Normal settlement dates for Eurosystem open market operations (42)

Monetary policy instrument Settlement date for operations based on standard tenders Settlement date for operations based on quick tenders or bilateral procedures Reverse transactions T + 1 (43) T Outright transactions — According to market convention for underlying assets Issuance of ECB debt certificates T + 2 — Foreign exchange swaps — T, T + 1 or T + 2 Collection of fixed-term deposits — T

5.3.2. Settlement of open market operations

Open market operations based on standard tenders (i.e. main refinancing operations, longer-term refinancing operations and structural operations) are normally settled on the first day following the trade day on which TARGET2 and all relevant SSSs are open. However, the issuance of ECB debt certificates is settled on the second day following the trade day on which TARGET2 and all relevant SSSs are open. As a matter of principle, the Eurosystem aims to settle the transactions related to its open market operations at the same time in all Member States with all counterparties that have provided sufficient underlying assets. However, owing to operational constraints and the technical features of SSSs, the timing within the day of the settlement of open market operations may differ across the euro area. The time of settlement of the main and the longer-term refinancing operations normally coincides with the time of reimbursement of a previous operation of corresponding maturity.

The Eurosystem aims to settle open market operations based on quick tenders and bilateral procedures on the trade day. However, the Eurosystem may occasionally apply for operational reasons other settlement dates for these operations, in particular for outright transactions and foreign exchange swaps (see Table 3).

5.3.3. End-of-day procedures

The end-of-day procedures are specified in documentation related to TARGET2. As a general rule, the TARGET2 closing time is 6 p.m. ECB time (CET). No further payment orders are accepted for processing in TARGET2 after the closing time, although remaining payment orders accepted before the closing time are still processed. Counterparties’ requests for access to the marginal lending facility or to the deposit facility must be submitted to the respective NCB at the latest 15 minutes following the TARGET2 closing time. The deadline for requesting access to the Eurosystem’s standing facilities is postponed by an additional 15 minutes on the last Eurosystem business day of a minimum reserve maintenance period.

Any negative balances on the settlement accounts in TARGET2 of eligible counterparties remaining after the finalisation of the end-of-day control procedures are automatically considered to be a request for recourse to the marginal lending facility (see Section 4.1).

CHAPTER 6

ELIGIBLE ASSETS

6.1. General considerations

Article 18.1 of the Statute of the ESCB allows the ECB and the NCBs to transact in financial markets by buying and selling underlying assets outright or under repurchase agreements and requires all Eurosystem credit operations to be based on adequate collateral. Consequently, all Eurosystem liquidity-providing operations are based on underlying assets provided by the counterparties either in the form of the transfer of ownership of assets (in the case of outright transactions or repurchase agreements) or in the form of a pledge, an assignment or a charge granted over relevant assets (in the case of collateralised loans) (44).

With the aims of protecting the Eurosystem from incurring losses in its monetary policy operations and of ensuring the equal treatment of counterparties, as well as of enhancing operational efficiency and transparency, underlying assets have to fulfil certain criteria in order to be eligible for Eurosystem monetary policy operations. The Eurosystem has developed a single framework for eligible assets common to all Eurosystem credit operations. This single framework, also referred to as the ‘Single List’, entered into effect on 1 January 2007 and replaced the two-tier system which had been in place from the start of stage three of economic and monetary union.

The single framework comprises two distinct asset classes, marketable assets and non-marketable assets. No distinction is made between the two asset classes with regard to the quality of the assets and their eligibility for the various types of Eurosystem monetary policy operations, except that non-marketable assets are not used by the Eurosystem for outright transactions. The assets eligible for Eurosystem monetary policy operations can also be used as underlying assets for intraday credit.

The eligibility criteria for the two asset classes are uniform across the euro area and are set out in Section 6.2 (45). To ensure that the two asset classes comply with the same credit standards, a Eurosystem credit assessment framework (ECAF) has been set up, which relies on different credit assessment sources. The procedures and rules establishing and controlling the Eurosystem’s requirement of ‘high credit standards’ for all eligible collateral are outlined in Section 6.3. The risk control measures and valuation principles for underlying assets are set out in Sections 6.4 and 6.5. Eurosystem counterparties may use eligible assets on a cross-border basis (see Section 6.6).

6.2. Eligibility specifications for underlying assets

The ECB establishes, maintains and publishes a list of eligible marketable assets (46). The Eurosystem shall only provide counterparties with advice regarding eligibility as Eurosystem collateral if already issued marketable assets or outstanding non-marketable assets are submitted to the Eurosystem as collateral. There shall thus be no pre-issuance advice.

6.2.1. Eligibility criteria for marketable assets

Debt certificates issued by the ECB and all debt certificates issued by the NCBs prior to the date of adoption of the euro in their respective Member State are eligible.

To determine the eligibility of other marketable assets, the following eligibility criteria are applied (see also Table 4):

6.2.1.1. Type of asset

It must be a debt instrument having:

(a) a fixed, unconditional principal amount (47); and

(b) a coupon that cannot result in a negative cash flow. In addition, the coupon should be one of the following: (i) a zero coupon; (ii) a fixed rate coupon; or (iii) a floating rate coupon linked to an interest rate reference. The coupon may be linked to a change in the rating of the issuer itself. Furthermore, inflation-indexed bonds are also eligible.

These features must be maintained until the redemption of the obligation. Debt instruments may not afford rights to the principal and/or the interest that are subordinated to the rights of holders of other debt instruments of the same issuer.

Requirement (a) does not apply to asset-backed securities, with the exception of bonds issued by credit institutions in accordance with the criteria set out in Article 52 of the UCITS Directive (48) (referred to as ‘covered bank bonds’). The Eurosystem assesses the eligibility of asset-backed securities other than covered bank bonds against the following criteria.

The cash flow generating assets backing the asset-backed securities must fulfil the following requirements:

(a) the acquisition of such assets must be governed by the law of an EU Member State;

(b) they must be acquired from the originator or from an intermediary by the securitisation special-purpose vehicle in a manner which the Eurosystem considers to be a ‘true sale’ that is enforceable against any third party, and be beyond the reach of the originator and its creditors, or the intermediary and its creditors, including in the event of the originator’s or the intermediary’s insolvency;

(c) they must be originated and sold to the issuer by an originator or, if applicable, an intermediary incorporated in the EEA;

(d) they must not consist, in whole or in part, actually or potentially, of tranches of other asset-backed securities (49). In addition, they must not consist, in whole or in part, actually or potentially, of credit-linked notes, swaps or other derivatives instruments (50), (51), or synthetic securities;

(e) if they are credit claims, the obligors and the creditors must be incorporated (or, if natural persons, resident) in the EEA and, if relevant, the related security must be located in the EEA. The law governing those credit claims must be the law of an EEA country. If they are bonds, the issuers must be incorporated in the EEA, they must be issued in an EEA country under the law of an EEA country and any related security must be located in the EEA (52).

In cases where originators or, if applicable, intermediaries, were incorporated in the euro area, or in the United Kingdom, the Eurosystem has verified that there were no severe clawback provisions in those jurisdictions. If the originator or, if applicable, the intermediary, is incorporated in another EEA country, the asset-backed securities can only be considered eligible if the Eurosystem ascertains that its rights would be protected in an appropriate manner against claw back provisions considered relevant by the Eurosystem under the law of the relevant EEA country. For this purpose, an independent legal assessment in a form acceptable to the Eurosystem must be submitted setting out the applicable clawback rules in the country, before the asset-backed securities can be considered eligible (53). To decide whether its rights are adequately protected against claw back rules, the Eurosystem may require other documents, including a solvency certificate from the transferee, for the suspect period. Claw back rules which the Eurosystem considers to be severe and therefore not acceptable include rules whereby the sale of underlying assets can be invalidated by the liquidator solely on the basis that it was concluded within a certain period (suspect period) before the declaration of insolvency of the seller (originator/intermediary), or where such invalidation can only be prevented by the transferee if they can prove that they were not aware of the insolvency of the seller (originator/intermediary) at the time of the sale.

Within a structured issue, in order to be eligible, a tranche (or sub-tranche) may not be subordinated to other tranches of the same issue. A tranche (or sub-tranche) is considered to be non-subordinated vis-à-vis other tranches (or sub-tranches) of the same issue if, in accordance with the priority of payment applicable after the delivery of an enforcement notice, as set out in the prospectus, no other tranche (or sub-tranche) is given priority over that tranche or sub-tranche in respect of receiving payment (principal and interest), and thereby such tranche (or sub-tranche) is last in incurring losses among the different tranches or sub-tranches of a structured issue. For structured issues where the prospectus provides for the delivery of an acceleration and an enforcement notice, non-subordination of a tranche (or sub-tranche) must be ensured under both acceleration and enforcement notice-related priority of payments.

The Eurosystem reserves the right to request from any relevant third party (such as the issuer, the originator or the arranger) any clarification and/or legal confirmation that it considers necessary to assess the eligibility of asset-backed securities.

6.2.1.2. Credit standards

The debt instrument must meet the high credit standards specified in the ECAF rules for marketable assets as set out in Section 6.3.2.

6.2.1.3. Place of issue

The debt instrument must be deposited/registered (issued) in the EEA with a central bank or with a central securities depository (CSD) which fulfils the minimum standards established by the ECB (54). In case a marketable debt instrument is issued by a non-financial corporation (55) that is not rated by an accepted external credit assessment institution (ECAI), the place of issue must be the euro area.

6.2.1.4. Settlement procedures

The debt instrument must be transferable in book-entry form. It must be held and settled in the euro area through an account with the Eurosystem or with an SSS that fulfils the standards established by the ECB, so that perfection and realisation are subject to the law of a Member State.

If the CSD where the asset is issued and the SSS where it is held are not identical, then the two institutions have to be connected by a link approved by the ECB (56).

6.2.1.5. Acceptable markets

The debt instrument must be admitted to trading on a regulated market as defined in the Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (57), or traded on certain non-regulated markets as specified by the ECB (58). The assessment of non-regulated markets by the Eurosystem is based on three principles – safety, transparency and accessibility (59).

6.2.1.6. Type of issuer/guarantor

The debt instrument may be issued or guaranteed by central banks of the EU Member States, public sector entities, private sector entities, or international or supranational institutions.

6.2.1.7. Place of establishment of the issuer/guarantor

The issuer must be established in the EEA or in one of the non-EEA G10 countries (60) (61). In the latter case, the debt instruments can only be considered eligible if the Eurosystem ascertains that its rights would be protected in an appropriate manner, as determined by the Eurosystem, under the laws of the respective non-EEA G10 country. For this purpose, a legal assessment in a form and with substance acceptable to the Eurosystem will have to be submitted before the assets can be considered eligible. In the case of an asset-backed security, the issuer must be established in the EEA.

The guarantor must be established in the EEA, unless a guarantee is not needed to establish the high credit standards for marketable assets, as set out in Section 6.3.2.

International or supranational institutions are eligible issuers/guarantors irrespective of their place of establishment. In case a marketable debt instrument is issued by a non-financial corporation that is not rated by an ECAI, the issuer/guarantor must be established in the euro area.

6.2.1.8. Currency of denomination

The debt instrument must be denominated in euro (62).

6.2.2. Eligibility criteria for non-marketable assets

Three types of non-marketable assets are eligible as collateral in the single framework for eligible assets: fixed-term deposits from eligible counterparties, credit claims and non-marketable retail mortgage-backed debt instruments (RMBDs) (63).

6.2.2.1. Credit claims

To be eligible, a credit claim (64) has to fulfil the following eligibility criteria (see also Table 4):

(a) Type of asset: It must be a credit claim which is a debt obligation of a debtor vis-à-vis a Eurosystem counterparty. Credit claims that have a ‘reducing balance’ (i.e. where the principal and interest are paid off according to a pre-agreed schedule) are also eligible. Undrawn credit lines (e.g. undrawn facilities of revolving credit claims), current account overdrafts and letters of credit (which authorise the use of credit but are not credit claims per se) are not eligible. The share of a syndicate member institution in a syndicated loan is considered an eligible type of credit claim. Credit claims may not afford rights to the principal and/or the interest that are subordinated to the rights of holders of other credit claims (or other tranches or sub-tranches in the same syndicated loan) or debt instruments of the same issuer.

(b) The credit claim must have (i) a fixed, unconditional principal amount and (ii) an interest rate that cannot result in a negative cash flow. In addition, the interest rate should be one of the following: (i) zero coupon-style; (ii) fixed; or (iii) floating linked to another interest rate reference. Furthermore, credit claims with interest rate linked to the inflation rate are also eligible. These features must be maintained until the redemption of the obligation.

(c) Type of debtor/guarantor: Eligible debtors and guarantors are non-financial corporations (65), public sector entities and international or supranational institutions. Each debtor is individually and severally liable for the full repayment of the credit claim in question (co-debtors jointly liable for individual credit claims are excluded).

(d) Place of establishment of the debtor and guarantor: The debtor must be established in the euro area. The guarantor must also be established in the euro area, unless a guarantee is not needed to establish the high credit standards for non-marketable assets, as set out in Section 6.3.3. This requirement does not apply to international or supranational institutions.

(e) Credit standards: The quality of credit claims is assessed through the underlying creditworthiness of the debtor or guarantor. Credit claims must meet the high credit standards specified in the ECAF rules for non-marketable assets, as set out in Section 6.3.3.

(f) Minimum size: At the time of submission for use as collateral (mobilisation) by the counterparty, the credit claim must meet a minimum size threshold. Each NCB may apply a minimum size of its choice for domestic credit claims. For cross-border use, a common minimum threshold of EUR 500 000 is applicable. It is envisaged that as soon as practicable in the course of 2013 a common minimum threshold of EUR 500 000 will be introduced for all credit claims throughout the euro area.

(g) Handling procedures: The credit claim must be handled according to the Eurosystem procedures as defined in the respective national documentation.

(h) Governing laws: The credit claim agreement and the agreement between the counterparty and the NCB mobilising the credit claim as collateral (‘mobilisation agreement’) must both be governed by the law of a Member State. Furthermore, the total number of different governing laws that are applicable to (i) the counterparty; (ii) the creditor; (iii) the debtor; (iv) the guarantor (if relevant); (v) the credit claim agreement; (vi) the mobilisation agreement may not exceed two.

(i) Currency of denomination: The credit claim must be denominated in euro (66).

6.2.2.2. Non-marketable retail mortgage-backed debt instruments

The following eligibility criteria are applied to RMBDs (see also Table 4):

(a) Type of asset: It must be a debt instrument (a promissory note or a bill of exchange) that is secured by a pool of residential mortgages and that falls short of full securitisation. Substitution of assets in the underlying pool must be possible and a mechanism needs to be in place to ensure that the Eurosystem enjoys priority over creditors other than those exempted for public policy reasons (67).

(b) The RMBD must have (i) a fixed, unconditional principal amount and (ii) an interest rate that cannot result in a negative cash flow.

(c) Credit standards: The RMBD must meet high credit standards, which are assessed through the part of the ECAF that addresses RMBDs, as set out in Section 6.3.3.

(d) Type of issuer: Eligible issuers are credit institutions that are eligible counterparties.

(e) Place of establishment of the issuer: The issuer must be established in the euro area.

(f) Handling procedures: The RMBD must be handled according to the Eurosystem procedures as defined in the respective national documentation.

(g) Currency of denomination: The RMBD must be denominated in euro (68).

6.2.3. Additional requirements for the use of eligible assets

6.2.3.1. Additional legal requirements for credit claims

In order to ensure that a valid security is created over credit claims and that the credit claim can be swiftly realised in the event of a counterparty default, additional legal requirements have to be met. These legal requirements relate to:

(a) the verification of the existence of credit claims;

(b) the notification of the debtor about the mobilisation of the credit claim or the registration of such mobilisation;

(c) the absence of restrictions related to banking secrecy and confidentiality;

(d) the absence of restrictions on the mobilisation of the credit claim;

(e) the absence of restrictions on the realisation of the credit claim.

The content of these legal requirements is set out in Appendix 7. Further details of the specific features of the national jurisdictions are provided in the respective national documentation.

6.2.3.2. Rules for the use of eligible assets

Marketable assets can be used for all monetary policy operations which are based on underlying assets, i.e. reverse and outright open market transactions and the marginal lending facility. Non-marketable assets can be used as underlying assets for reverse open market transactions and the marginal lending facility. They are not used in Eurosystem outright transactions. All marketable and