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Topic: Clearing and Settlement

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Commission Delegated Regulation (EU) 2022/2310 amending the RTS laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for positions held in OTC commodity derivative contracts and other OTC derivative contracts

On 28 November 2022, there was published in the Official Journal of the European Union(OJ) Commission Delegated Regulation (EU) 2022/2310 of 18 October 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for positions held in over-the-counter (OTC) commodity derivative contracts and … Continue Reading

ESMA publishes new Q&As on the CSDR and MAR

On 25 November 2022, the European Securities and Markets Authority (ESMA) published updated Q&As on: The Central Securities Depositories Regulation. ESMA has inserted a new Q&A on settlement fails. The Market Abuse Regulation. ESMA has revised the Q&A regarding the prevention and detection of market abuse (persons professionally arranging or executing transactions).… Continue Reading

Commission Delegated Regulation supplementing the CCP Recovery and Resolution Regulation with regard to RTS specifying the methodology for calculation and maintenance of the additional amount of pre-funded dedicated own resources to be used in accordance with Article 9(14) of that Regulation

On 25 November 2022, the European Commission published a Commission Delegated Regulation supplementing the CCP Recovery and Resolution Regulation (CCPRRR) with regard to regulatory technical standards specifying the methodology for calculation and maintenance of the additional amount of pre-funded dedicated own resources to be used in accordance with Article 9(14) of that Regulation. The Commission … Continue Reading

Published in the OJ – Corrigendum to Commission Implementing Regulation (EU) 2022/1860

On 24 November 2022, there was published in the Official Journal of the European Union (OJ) Corrigendum to Commission Implementing Regulation (EU) 2022/1860 of 10 June 2022 laying down implanting technical standards for the application of the European Market Infrastructure Regulation with regards to the standards, formats, frequency and methods and arrangements for reporting… Continue Reading

ESMA final report on draft RTS amending Article 19 of Commission Delegated Regulation (EU) 2018/1229

On 21 November 2022, the European Securities and Markets Authority (ESMA) published a final report on draft regulatory technical standards (RTS) amending Article 19 of Commission Delegated Regulation (EU) 2018/1229 (RTS on Settlement Discipline). Between 11 July and 9 September 2022, ESMA conducted a public consultation seeking stakeholders’ views on possible amendments to the RTS … Continue Reading

ESMA final report on guidelines on the types and content of the provisions of cooperation arrangements for the recovery and resolution of CCPs

On 17 November 2022, the European Securities and Markets Authority (ESMA) published a final report containing guidelines on the types and content of the provisions of cooperation arrangements of the recovery and resolution of central counterparties (CCPs). Some European CCPs provide services to clearing members and their clients located in third countries and some third-country … Continue Reading

FSB publishes report on OTC Derivative Market reforms: Implementation progress in 2022

On 7 November 2022, the Financial Stability Board (FSB) published a report on OTC Derivatives Market Reforms: Implementation progress in 2022. The report tracks national and regional progress in implementing the G20 reforms to global over-the counter (OTC) derivatives market reforms following the 2007 Global Financial Crisis. The report finds that overall implementation across the … Continue Reading

ESMA to withdraw the recognition decisions of six Indian CCPs

On 31 October 2022, the European Securities and Markets Authority (ESMA) announced that six central counterparties (CCPs) established in India will have their recognition decisions withdrawn in accordance with the European Market Infrastructure Regulation (EMIR). ESMA had to tier and review the recognition of all third country CCPs (TC-CCPs) that had been recognised prior to … Continue Reading

ESMA updates Q&As on the CSDR

On 20 October 2022, the European Securities and Markets Authority (ESMA) published an updated version of its Q&As on the implementation of the Central Securities Depositories Regulation. ESMA has updated three questions in the Q&As dealing with settlement discipline. Specifically, the updated questions concern cash penalties and relate to scope, calculation and costs and process.… Continue Reading

Commission Delegated Regulation amending the RTS laid down in Delegated Regulation 149/2013 as regards the value of the clearing threshold for positions held in OTC commodity derivatives contracts and other OTC derivative contracts

On 18 October 2022, the European Commission published a Commission Delegated Regulation amending the regulatory technical standards laid down in Delegated Regulation (EU) 149/2013 as regards the value of the clearing threshold for positions held in over-the-counter (OTC) commodity derivatives contracts and other OTC derivative contracts. The Delegated Regulation modifies Article 11 of Commission Delegated … Continue Reading

ESMA publishes MoUs related to CCPs established in Chile and China

On 11 October 2022, the European Securities and Markets Authority (ESMA) published the following: Memorandum of understanding related to ESMA’s monitoring of the ongoing compliance with recognitions conditions by CCPs established in Chile and supervised by the Chilean Market Commission. Memorandum of understanding between ESMA and the People’s Bank of China related to CCPs established … Continue Reading

Commission Delegated Regulation (EU) 2022/1930 amending the RTS laid down in Delegated Regulation (EU) 2018/1229 as regards the date of application of the provisions related to the buy-in regime

On 13 October 2022, there was published in the Official Journal of the European Union (OJ) Commission Delegated Regulation (EU) 2022/1930 of 6 July 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2018/1229 as regards the date of application of the provisions related to the buy-in regime. Commission Delegated Regulation (EU) … Continue Reading

ESMA publishes CCP Strategic Objectives 2023 – 2025

On 11 October 2022, the European Securities and Markets Authority (ESMA) CCP Supervisory Committee (CCP SC) published strategic objectives, in line with ESMA’s overall strategy for the period 2023-2028 which was launched on 10 October 2022. The CCP strategic objectives build on ESMA’s achievements following the establishment of the CCP SC and outline the most … Continue Reading

EMIR related Delegated Regulations published in OJ

On 7 October 2022, the following Delegated Regulations relating to the European Markets Infrastructure Regulation (EMIR) were published in the Official Journal of the EU (OJ): Commission Delegated Regulation (EU) 2022/1855 of 10 June 2022 supplementing EMIR with regard to regulatory technical standards (RTS) specifying the minimum details of the data to be reported to … Continue Reading

Commission Implementing Decisions on the equivalence of the regulatory framework for CCPs in Taiwan and Colombia

On 30 September 2022, there was published in the Official Journal of the European Union (OJ):  Commission Implementing Decision (EU) 2022/1684 of 28.9.22 on the equivalence of the regulatory framework for central counterparties in Taiwan to Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards Futures Clearing Houses under the … Continue Reading

Commission Delegated Regulation (EU) 2022/1671 extending the transitional period referred to in Article 89(1) of Regulation (EU) No 648/2012

On 30 September 2022, there was published in the Official Journal of the European Union (OJ) Commission Delegated Regulation (EU) 2022/1671 of 9.6.22 extending the transitional period referred to in Article 89(1), first subparagraph, of the European Markets Infrastructure Regulation. The Delegated Regulation enters into force on the day following that of its publication in … Continue Reading

European Commission adopts two additional equivalence decisions for non-EU jurisdictions

On 29 September 2022, the European Commission adopted two decisions determining that the legal and supervisory frameworks for central counterparties (CCPs) in Colombia and Taiwan are equivalent to the requirements applicable under the European Markets Infrastructure Regulation (EMIR). The decisions allow these CCPs to apply for recognition by the European Securities and Markets Authority (ESMA). … Continue Reading

ESMA report on the review of the clearing thresholds under EMIR

On 28 September 2022, the European Securities and Markets Authority (ESMA) issued a feedback report on the review of the clearing thresholds under the European Markets Infrastructure Regulation (EMIR). The feedback report has been produced in response to Regulation (EU) 2019/834 (EMIR Refit) which introduced a mandate in EMIR for ESMA to periodically review the … Continue Reading

Opinion of the ECB on a proposal for a regulation amending the Central Securities Depositories Regulation

On 26 September 2022, the European Central Bank (ECB) published an opinion on a proposal for a Regulation amending the Central Securities Depositories Regulation. In addition to welcoming the proposed Regulation and setting out certain general observations, the opinion also provides specific observations on the following: Settlement discipline regime. Cooperation between competent authorities and relevant … Continue Reading

Commission letter to the EBA and ESMA on response to the current level of margins and of excessive volatility in energy derivatives market

On 15 September 2022, the EBA published a letter that the European Commission had sent to both it and the European Securities and Markets Authority regarding a response to the current level of margins and of excessive volatility in energy derivatives markets. The letter outlines that, with the sharp rise in gas and electricity prices … Continue Reading

CPMI /IOSCO report ‘Client clearing: access and portability’

On 8 September 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a report ‘Client clearing: access and portability’. The report considers the benefits and challenges of new access models to central counterparty (CCP) clearing and client-position portability. The report: Describes “direct” and “sponsored” access models … Continue Reading

ESMA MoU with South Africa’s Financial Sector Conduct Authority, Prudential Authority and the South African Reserve Bank

On 11 August 2022, the European Securities and Markets Authority (ESMA) published a Memorandum of Understanding (MoU) between itself and South Africa’s Financial Sector Conduct Authority, Prudential Authority and the South African Reserve Bank related to central counterparties (CCPs) established in South Africa. By signing the MoU, the signatories affirm their willingness to cooperate and … Continue Reading

ESMA updates list of third-country CCPs recognised to offer services and activities in the EU

On 11 August 2022, the European Securities and Markets Authority published an updated list of third-country central counterparties recognised to offer services and activities in the EU in accordance with the European Markets Infrastructure Regulation.  … Continue Reading

Commission report on the treatment of CCP equity in the write-down and conversion tool under the Regulation on CCP recovery and resolution

On 10 August 2022, the European Commission published a report to the European Parliament and the Council on the treatment of central counterparty (CCP) equity in the write-down and conversion tool under the Regulation on CCP recovery and resolution (CCP-RRR). Under Article 27(7) of the CCP-RRR, the resolution authority must write down and convert any … Continue Reading
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