EBA, EIOPA and ESMA propose amendments to bilateral margin requirements
The European Supervisory Authorities, consisting of the EBA, EIOPA, and ESMA, have published a final report on draft Regulatory Technical Standards. The report proposes to simplify the bilateral margin requirements of the European Commission's Delegated Regulation. The proposed amendments aim to simplify the bilateral margin framework for counterparties that are subject to initial margin requirements and are below the €8 billion threshold. The changes are intended to facilitate the phase-out of initial margin requirements for these counterparties and support greater consistency with the treatment applied in other jurisdictions. Currently, counterparties below the threshold are exempt from exchanging initial margin for new uncleared over-the-counter derivative contracts but continue to exchange initial margin for existing contracts. The proposed amendments would no longer require counterparties to exchange initial margin for either new or existing contracts if they are below the threshold. The amendments respond to requests from market participants and support the ESAs' broader objectives of simplification and burden reduction. The Final Report has been submitted to the European Commission for endorsement, and the draft RTS will be subject to scrutiny by the European Parliament and the Council before being published. The proposed changes are expected to simplify the regulatory framework for counterparties and reduce their burden. The European Supervisory Authorities will continue to work on implementing the proposed amendments and ensuring a consistent regulatory framework across the European Union.