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Under the Regulation, the requirements for calculation of variation margin and exchange of variation margin collateral apply from 4 January 2017 to all counterparty pairs which include at least one counterparty that has, or belongs to a group that has, an aggregate average notional amount of non-centrally cleared derivatives above EUR 3,000 billion.Since 1 March 2017, these requirements apply to other counterparty pairs as well.More specifically, the Revised EMIR Supplement changes the definition of “Regular Settlement Date”, used within the “Transfer Timing” provisions.It removes the previous distinction (in terms of settlement) between ‘same day’ cash collateral (i.e.The SRO removes potential basis risk between CDS transactions that have the same Reference Entity but different Reference Obligations.

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Only the Revised EMIR Supplements will be available on the ISDA Amend Platform for those wishing to achieve EMIR compliance.

On 4 January 2017 the Commission Delegated Regulation (EU) 2016/2251 of 4 October 2016 (the Regulation) entered into force, providing regulatory standards for the timely, accurate and appropriately segregated exchange of initial margin and variation margin collateral which counterparties to non-centrally cleared OTC derivative contracts are required to collect or post under the Regulation.

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