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Article 8 - Assessment of the overall impact on certain entities in relation to a CCP’s communication and disclosure plan

Article 8

Assessment of the overall impact on certain entities in relation to a CCP’s communication and disclosure plan

Competent authorities and supervisory colleges shall assess the adequacy of a CCP’s recovery plan in respect of that CCP’s communication and disclosure plan by considering the overall impact that the implementation of the recovery plan would have on the entities or markets referred to in Article 10(3), point (b), of Regulation (EU) 2021/23, and in particular by considering all of the following factors:

(a)

whether the CCP’s communication and disclosure plan complies with Section A, point (3), of the Annex to Regulation (EU) 2021/23, and in particular whether the CCP’s communication and disclosure plan:

(i)

envisages how information is to be shared as transparently as possible with the CCP’s stakeholders, including clearing members and the financial market in general;

(ii)

provides clear guidance on how to manage expectations and envisages minimising potentially negative market reactions when disclosing information;

(b)

whether the CCP’s communication and disclosure plan contains clear procedures for how and when to share information with different entities, giving clear descriptions of how such procedures have taken into consideration legal requirements and other binding requirements.