On December 18, 2015, the EBA published a report on its analysis and market practice assessment of synthetic securitization in Europe. The report makes recommendations for the European Commission’s proposed legislative amendments to the CRR and proposed securitization regulation, which provide for the preferential regulatory treatment of simple, transparent and standardized securitizations. The EBA’s analysis supports the approach taken by the Commission in its proposed securitization framework, which provides for a different regulatory treatment of on-balance sheet synthetic securitization positions retained by originator banks. The EBA concurs that the proposed framework should not be extended to all synthetic securitizations applicable to all investors across asset types. The EBA recommends that certain criteria be met for eligibility of balance sheet synthetic transactions, including requirements that originator banks should meet to transfer the risk of eligible transactions to public or private investors. In particular, the EBA advises the Commission to consider amending its proposal to include transactions in which private investors provide credit protection in the form of cash. The report follows the EBA’s report in July 2015 on a qualifying framework for traditional securitization.

The report is available at: http://www.eba.europa.eu/documents/10180/983359/EBA-Op-2015- 26+EBA+report+on+synthetic+securitisation.pdf.

The Commission’s proposed securitization framework is available at: http://finreg.shearman.com/europeancommission-publishes-proposed-legislativ.