Commission Delegated Regulation (EU) 2024/584 of 7 November 2023 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2019/1851 as regards the homogeneity of the underlying exposures in simple, transparent and standardised securitisations

Delegated Regulation (EU) 2019/1851 is amended as follows: 1. in Article 1, the first paragraph is amended as follows: (a) the introductory wording is replaced by the following: ‘For the purposes of Articles 20(8), 24(15), and 26b(8) of Regulation (EU) 2017/2402, underlying exposures shall be deemed to be homogeneous where all of the following conditions are met:’; (b) in point (a), point (iii) is replaced by the following: ‘(iii) credit facilities provided to individuals for personal, family or household consumption purposes, and credit facilities provided to enterprises where the originator applies the same credit risk assessment approach as for individuals not covered under points (i) and (ii) and points (iv) to (viii);’; (c) points (c) and (d) are replaced by the following: ‘(c) they are serviced in accordance with similar procedures for monitoring, collecting and administering cash receivables; (d) one or more of the homogeneity factors are applied in accordance with Article 2, where applicable.’; 2. Article 2 is amended as follows: (a) in paragraph 4, point (a), point (i) is replaced by the following: ‘(i) individuals, and enterprises where the originator applies the same approach for assessing the credit risk associated with exposures to enterprises as for exposures to individuals;’; (b) in paragraph 5, point (a), point (i) is replaced by the following: ‘(i) individuals, and enterprises where the originator applies the same approach for assessing the credit risk associated with exposures to enterprises as for exposures to individuals;’.

For STS securitisations the securities of which are issued, or the securitisation positions of which are created, in accordance with terms of agreements adopted, and that have been notified to ESMA in accordance with Article 27(1) of Regulation (EU) 2017/2402, before 6 March 2024, originators, sponsors and SSPEs may, without complying with the requirements laid down in Article 1 of this Regulation, continue to use the designation ‘STS’ or ‘simple, transparent and standardised’, or a designation that refers directly or indirectly to those terms, provided that those securitisations comply with Article 18 of Regulation (EU) 2017/2402.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.