16.11.2011

EN

Official Journal of the European Union

L 297/70

(1)

In accordance with Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘楽tatute of the ESCB‘�, the European Central Bank (ECB), together with national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs‘� may operate in the financial markets by, among other things, buying and selling marketable instruments outright.

(2)

On 7 May 2009 and subsequently on 4 June and 18 June 2009 the Governing Council decided, in view of the exceptional circumstances prevailing in the market at that time, to initiate a covered bond purchase programme (hereinafter the ‘榩rogramme‘�, with an overall targeted nominal amount of EUR 60 billion in accordance with Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (1). Under the programme, the NCBs and, exceptionally, the ECB in direct contact with counterparties could according to their allocated share decide to purchase eligible covered bonds outright from eligible counterparties in the primary and secondary markets. Taking into account the Eurosystem‘檚 monetary policy needs and the objectives of the covered bond purchases, the programme was designed as a temporary measure for a 12-month period and expired on 30 June 2010.

(3)

The Governing Council has decided that a second covered bond purchase programme (hereinafter the ‘second programme‘� should be initiated. The Eurosystem central banks intend to implement the second programme gradually, taking into account market conditions and the Eurosystem‘檚 monetary policy needs. The objectives of the second programme are to contribute to: (a) easing funding conditions for credit institutions and enterprises; and (b) encouraging credit institutions to maintain and expand lending to their clients.

(4)

As part of the single monetary policy, the outright purchase of eligible covered bonds by Eurosystem central banks under the second programme should be implemented in a uniform manner, in accordance with this Decision,

1.

They shall be either: (a) covered bonds issued in accordance with the criteria set out in Article 52(4) of Directive 2009/65/EC (3) (hereinafter the ‘楿CITS-compliant covered bonds‘�; or (b) structured covered bonds offering safeguards similar to UCITS-compliant covered bonds as defined in Section 6.2.3 of Annex I to Guideline ECB/2000/7.

2.

Each covered bond issue shall have a minimum issue size of EUR 300 million.

3.

The covered bond issue shall have a minimum rating of ‘楤BB-‘�or equivalent, awarded by at least one of the major rating agencies.

4.

The covered bonds shall be issued pursuant to legislation governing covered bonds that is in force in a euro area Member State. In the case of structured covered bonds, the law governing the documentation of the covered bonds shall be the law of a euro area Member State.

5.

The covered bond issue shall have a maximum remaining maturity of 10,5 years at the time of the purchase of the security.