Article 42 Amendment to Regulation (EU) No 648/2012
Regulation (EU) No 648/2012 is amended as follows:
(1) in Article 2, the following points are added:
‘(30) "covered bond" means a bond meeting the requirements of Article 129 of Regulation (EU) No 575/2013. (31) "covered bond entity" means the covered bond issuer or cover pool of a covered bond.’
(2) in Article 4, the following paragraphs are added:
‘5. Paragraph 1 of this Article shall not apply with respect to OTC derivative contracts that are concluded by covered bond entities in connection with a covered bond, or by a securitisation special purpose entity in connection with a securitisation, within the meaning of Regulation (EU) 2017/2402 of the European Parliament and of the Council [Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347, 28.12.2017, p. 35).] provided that:
(a) in the case of securitisation special purpose entities, the securitisation special purpose entity shall solely issue securitisations that meet the requirements of Article 18, and of Articles 19 to 22 or 23 to 26 of Regulation (EU) 2017/2402 (the Securitisation Regulation);