Updated 18/09/2024
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Article 4 - Qualifications, experience, ability, knowledge and resources

Article 4

Qualifications, experience, ability, knowledge and resources

1.   The valuer shall possess the necessary qualifications, experience, ability and knowledge and hold or have access to sufficient human and technical resources to be able to carry out the valuation effectively and to independently assess the valuation without undue reliance on any relevant public authority or on the CCP.

2.   The valuer shall be qualified as a statutory auditor or audit firm as defined in Article 2, points (2) and (3) of Directive 2006/43/EC.

3.   For the purposes of paragraph 1, a person considered for the position of valuer shall provide evidence or confirmation in writing of the following necessary experience, ability and knowledge:

(a)

of the valuations made of financial instruments, of valuation in post-trading, and in particular of the instruments cleared by the CCP;

(b)

of Regulation (EU) 2021/23 and Regulation (EU) No 648/2012;

(c)

to apply and understand the recovery plans and rulebooks of the CCP;

(d)

to apply and understand the resolution plan of the CCP and applicable resolution tools under Regulation (EU) 2021/23.

4.   The valuer shall be able to apply their competence and experience in an independent manner and shall not need to seek or take any instructions or guidance from any relevant public authority or from the CCP.

5.   Paragraph 4 shall not prevent the provision of instructions, guidance, premises, technical equipment or other forms of support where the resolution authority considers that it is necessary and that it does not affect the valuer’s judgement in carrying out the valuation referred to in Article 24 of Regulation (EU) 2021/23.