Article 38
Transparency
1.
A CCP and its clearing members shall publicly disclose the prices and fees associated with the services provided. They shall disclose the prices and fees of each service provided separately, including discounts and rebates and the conditions to benefit from those reductions. A CCP shall allow its clearing members and, where relevant, their clients separate access to the specific services provided.
A CCP shall account separately for costs and revenues of the services provided and shall disclose that information to ESMA and the competent authority.
2.
A CCP shall disclose to clearing members and clients the risks associated with the services provided.
3.
A CCP shall disclose to ESMA, its clearing members and to its competent authority the price information used to calculate its end-of-day exposures to its clearing members.
A CCP shall publicly disclose the volumes of the cleared transactions for each class of instruments cleared by the CCP on an aggregated basis.
4.
A CCP shall publicly disclose the operational and technical requirements relating to the communication protocols covering content and message formats it uses to interact with third parties, including the operational and technical requirements referred to in Article 7.
5.
A CCP shall publicly disclose any breaches by clearing members of the criteria referred to in Article 37(1) and the requirements laid down in paragraph 1 of this Article, except where the competent authority, considers that such disclosure would constitute a threat to financial stability or to market confidence or would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved.
6.
A CCP shall provide its clearing members with a simulation tool allowing them to determine the amount of additional initial margin at portfolio level that the CCP might require upon the clearing of a new transaction, including a simulation of the margin requirements that they might be subject to under different scenarios. That tool shall only be accessible on a secured access basis, and the results of the simulation shall not be binding.
7.
A CCP shall provide its clearing members with information on the initial margin models it uses, including methodologies for any add-ons, in a clear and transparent manner. That information shall:
(a)
clearly explain the design of the initial margin model and how it operates, including in stressed market conditions;
(b)
clearly describe the key assumptions and limitations of the initial margin model and the circumstances under which those assumptions are no longer valid;
(c)
be documented.
8.
Clearing members providing clearing services and clients providing clearing services shall provide their clients with at least the following:
(a)
information on the way that the margin models of the CCP work;
(b)
information on the situations and conditions that might trigger margin calls;
(c)
information on the procedures used to establish the amount to be posted by the clients; and
(d)
a simulation of the margin requirements to which clients might be subject under different scenarios.
For the purposes of point (d), the simulation of the margin requirements shall include both the margins required by the CCP and any additional margins required by the clearing members and the clients providing clearing services. The results of such simulation shall not be binding.
Upon the request of a clearing member, a CCP shall, without undue delay, provide that clearing member with the information requested to allow that clearing member to comply with the first subparagraph of this paragraph, unless such information is already provided pursuant to paragraphs 1 to 7. Where the clearing member or a client provides clearing services, and where appropriate, they shall transmit that information to their clients.
9.
The clearing members of the CCP and clients providing clearing services, shall clearly inform their existing and potential clients of the potential losses or other costs that they may bear as a result of the application of default management procedures and loss and position allocation arrangements under the CCP’s operating rules, including the type of compensation they may receive, taking into account Article 48(7). Clients shall be provided with sufficiently detailed information to ensure that they understand the worst-case losses or other costs they could face should the CCP undertake recovery measures.
10.
ESMA, in consultation with EBA and the ESCB, shall develop draft regulatory technical standards to further specify:
(a)
the requirements that the simulation tool is to comply with and the type of output to be provided pursuant to paragraph 6;
(b)
the information to be provided by CCPs to clearing members regarding transparency of margin models pursuant to paragraph 7;
(c)
the information to be provided by clearing members and clients providing clearing services to their clients under paragraphs 7 and 8; and
(d)
the requirements of the simulation of margins to be provided to clients and the type of output to be provided pursuant to paragraph 8.
ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 25 December 2025.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.