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Article 1 - The nature, size and complexity of the CCP’s business

Article 1

The nature, size and complexity of the CCP’s business

1.   When taking into account the criterion set out in point (a) of Article 25(2a) of Regulation (EU) No 648/2012, ESMA shall assess the following elements:

(a)

the countries where the CCP provides or intends to provide services;

(b)

the extent to which the CCP provides other services in addition to clearing services;

(c)

the type of financial instruments cleared or to be cleared by the CCP;

(d)

whether the financial instruments cleared or to be cleared by the CCP are subject to the clearing obligation under Article 4 of Regulation (EU) No 648/2012;

(e)

the average values cleared by the CCP over one year, at the following levels:

(i)

the level of the CCP;

(ii)

the level of each clearing member that is an entity established in the Union or an entity part of a group subject to consolidated supervision in the Union;

(iii)

the level of clearing members established outside of the Union or that are not part of a group subject to consolidated supervision in the Union where they clear on behalf of clients and indirect clients established in the Union, in aggregate;

(f)

whether the CCP has completed an assessment of its risk profile based on internationally agreed standards or otherwise, the methodology used and the result of the assessment.

2.   For the purposes of point (e) of paragraph 1, ESMA shall assess the following values separately:

(a)

for securities transactions (including securities financing transactions according to Regulation (EU) 2015/2365 of the European Parliament and of the Council) (3), the value of open positions or open interest;

(b)

for derivative transactions traded on a regulated market within the meaning of Directive 2014/65/EU of the European Parliament and of the Council (4), the value of open interest or turnover;

(c)

for over-the-counter (OTC) derivatives transactions, the gross and net notional outstanding amount.

Those values shall be assessed per currency and per asset class.

3.   Where any of the indicators referred to in Article 6 applies, ESMA, in addition to the elements listed in paragraph 1 of this Article, shall also assess the following elements:

(a)

the ownership structure of the CCP;

(b)

where the CCP belongs to the same group as another financial market infrastructure, such as another CCP or central securities depository, the corporate structure of the group to which the CCP belongs;

(c)

whether the CCP provides clearing services to clients or indirect clients established in the Union through clearing members established outside of the Union;

(d)

the nature, depth and liquidity of the markets served and the level of available information on the adequate pricing data to market participants and any generally accepted and reliable pricing sources;

(e)

whether quotes, pre-trade bid and offer prices and depths of trading interests are made public;

(f)

whether post-trade price, volume and time of the transactions executed or concluded, on and off the markets served by the CCP are made public.


(3)  Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).

(4)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).