The segregation of the cover assets is a necessary component of the dual recourse mechanism, in
that only by an effective segregation of the cover assets the priority claim of the covered bond
investor on the cover pool can be ensured in the event of issuer default or resolution. While the
report identifies different models of covered bond issuer, across jurisdictions, the EBA identifies as
an underlying principle of best practice the legally binding and enforceable arrangements
establishing the existence and maintenance of a cover register and/or the transfer of the cover
assets to a legally remote vehicle (an SPV). The segregation arrangement adopted, depending on the
issuer’s model and other factors, should include not only the primary assets against which the
covered bond is collateralised but also, if applicable, substitution assets and derivative contracts
entered into to hedge the risks arising within the programme. Both substitution assets and derivative
contracts are equally relevant assets used in the programme with the primary aim of ensuring
complete and timely fulfilment of the payment obligations towards the investor. As such, their
segregation is deemed equally relevant.