Members' Research Service By / October 23, 2017

Common rules and new framework for securitisation [EU Legislation in Progress]

In autumn 2015, the European Commission proposed a regulation on securitisation, in the context of the Capital Markets Union initiative.

© Kurt Kleemann / Fotolia

Written by Angelos Delivorias (4th edition),

Updated on 25.1.2018

Common rules and new framework for securitisation
© Kurt Kleemann / Fotolia

In autumn 2015, the European Commission proposed a regulation on securitisation, in the context of the Capital Markets Union initiative. The proposal followed a consultation with stakeholders and took into account initiatives at international (BCBS-IOSCO) and European levels (EBA). The proposal replaces existing rules relating to due diligence, risk retention, transparency and supervision with a uniform regime. It provides a framework to identify simple, transparent and standardised (STS) securitisations and to allow investors to analyse associated risks. The proposal came as a package with a second proposal, to amend the Capital Requirements Regulation applicable to credit institutions and investment firms in respect of securitisation. During the October II plenary session, the European Parliament is due to vote on the compromise agreement struck with the Council in May 2017.

See also our briefing on the related proposal: 2015/0225(COD).

Versions:

 

Proposal for a Regulation of the European Parliament and of the Council laying down common rules on securitisation and creating a European framework for simple, transparent and standardised securitisation and amending Directives 2009/65/EC, 2009/138/EC, 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012
Committee responsible:

Rapporteur:

Economic and Monetary Affairs (ECON)

Paul Tang (S&D, The Netherlands)

COM(2015) 472 of 30.09.2015

procedure ref.: 2015/0226(COD)

Ordinary legislative procedure

Procedure completed. Regulation (EU) 2017/2402
OJ L 347, 28.12.2017, pp. 35-80.

Stage: procedure completed


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