Updated 30/10/2025
In force

Version from: 15/10/2025
Amendments (19)
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Article 5 - Delegated Regulation 876/2013

Article 5

Exchange of information among authorities

1.  
Each member of a college shall provide, in a timely manner, the co-chairs with all information necessary for the operational functioning of the college and for the performance of the key activities in which that member participates. The co-chairs shall provide the members of the college with similar information in a timely manner.
2.  

 The CCP’s competent authority shall at least provide the following information to the college members:

(a) 

significant changes to the structure and ownership of the CCP’s group;

(b) 

significant changes in the level of the CCP’s capital;

(c) 

changes in the organisation, senior management, processes or arrangements when those changes have a significant impact on governance or risk management;

(d) 

a list of clearing members of the CCP;

(e) 

details of the authorities involved in the supervision of the CCP, including any changes in their responsibilities;

(f) 

information on any material threats to the CCP’s ability to comply with Regulation (EU) No 648/2012 and relevant delegated and implementing regulations;

(g) 

difficulties that have potentially significant spill-over effects;

(h) 

factors which suggest a potentially high risk of contagion;

(i) 

significant developments in the financial position of the CCP;

(j) 

early warnings of possible liquidity difficulties, or major fraud;

(k) 

events of member default and any follow-up actions;

(l) 

sanctions and exceptional supervisory measures;

(m) 

reports on performance problems or incidents occurred, including ICT and cyber-related incidents, and remedial actions taken;

(n) 

regular data on the activity of the CCP, the scope and frequency of which shall be agreed as part of the written agreement described in Article 2;

(o) 

overview of major commercial proposals, new products or services to be offered including any extensions of activities or services to be implemented by the CCP in accordance with Article 15a of Regulation (EU) No 648/2012, and any information on changes to the CCP’s business;

(p) 

changes in the CCP’s risk models and parameters, including changes to parameters referred to in Article 49(1h) of Regulation (EU) No 648/2012, stress testing and back testing;

(q) 

changes in the CCP’s interoperability arrangements, where applicable;

(r) 

changes in any outsourcing arrangements of the CCP for major activities linked to risk management, including any changes to the list of critical third-party service providers of the CCP;

(s) 

changes in the participation requirements, clearing membership models and account segregation models of the CCP;

(t) 

changes in the default procedures of the CCP, and reports on the test of the CCP’s default procedures conducted by the CCP in accordance with Article 49(2) of Regulation (EU) No 648/2012;

(u) 

changes in the payment and settlement arrangements of the CCP;

(v) 

any information relevant to ad hoc meetings between ESMA, the CCP’s competent authority and the CCP and any relevant information received in relation to on-site inspections planned, ongoing or already carried out;

(w) 

any information relevant to the implementation status of recommendations or conditions included in ESMA or college opinions or ESMA validations;

(x) 

any information regarding the competent authority’s decision to follow or not follow the input from ESMA and the college pursuant to Article 17a(3) of Regulation (EU) No 648/2012;

(y) 

a presentation of the CCP’s competent authority’s annual supervisory programme and of its implementation.

3.  
The exchange of information between the members of the college shall reflect their responsibilities and information needs. To avoid unnecessary information flows, the exchange of information shall be kept proportionate and risk-focused.
4.  
The CCP’s competent authority’s draft decisions, reports or other measures referred to in Article 17(3), Article 17b(2) and Article 49(1d) of Regulation (EU) No 648/2012 shall be submitted to the college within an appropriate timescale to ensure that members of the college are able to review it and contribute to the college opinion.
5.  
Members of the college shall exchange all information through the central database provided by Article 17c of Regulation (EU) No 648/2012.