Updated 22/12/2024
In force

Version from: 07/03/2024
Amendments
ESMA70/151/1094
Published: 07/02/2018
Art. 6
ESMA70/151/1439
Published: 05/04/2019
Art. 6
ESMA70/151/2537
Published: 08/03/2021
Art. 6
ESMA70/151/291
Published: 01/06/2017
Art. 6
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EMIR ToolDelegated Regulation 153/2013
Article 6

Article 6 - Compliance function

Article 6

Compliance function

1.  
A CCP shall establish and maintain a permanent and effective compliance function which operates independently from the other functions of the CCP. It shall ensure that the compliance function has the necessary authority, resources, expertise and access to all relevant information.

When establishing its compliance function, the CCP shall take into account the nature, scale and complexity of its business, and the nature and range of the services and activities undertaken in the course of that business.

2.  

The chief compliance officer shall at least have the following responsibilities:

(a) 

monitor and, on a regular basis, assess the adequacy and effectiveness of the measures put in place in accordance with Article 5(4) and the actions taken to address any deficiencies in the CCP’s compliance with its obligations;

(b) 

administer the compliance policies and procedures established by senior management and the board;

(c) 

advise and assist the persons responsible for carrying out the CCP services and activities to comply with the CCP’s obligations under this Regulation, Regulation (EC) No 648/2012 and Implementing Regulation (EU) No 1249/2012 and other regulatory requirements, where applicable;

(d) 

report regularly to the board on compliance by the CCP and its employees with this Regulation, Regulation (EU) No 648/2012 and Implementing Regulation (EU) No 1249/2012;

(e) 

establish procedures for the effective remediation of instances of non-compliance;

(f) 

ensure that the relevant persons involved in the compliance function are not involved in the performance of the services or activities they monitor and that any conflicts of interest of such persons are properly identified and eliminated.