BETA


2022/0403(COD) Measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ECON HÜBNER Danuta Maria (icon: EPP EPP) POULSEN Erik (icon: Renew Renew), GRUFFAT Claude (icon: Greens/EFA Greens/EFA), ROOKMAKER Dorien (icon: ECR ECR), GUSMÃO José (icon: The Left The Left)
Committee Opinion ITRE
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
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Events

2024/12/04
   Final act published in Official Journal
2024/11/27
   Council of the EU - Draft final act
Documents
2024/11/27
   CSL - Final act signed
2024/11/19
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/11/19
   CSL - Council Meeting
2024/08/08
   European Commission - Commission response to text adopted in plenary
Documents
2024/04/24
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.

The European Parliament adopted its position at first reading under the ordinary legislative procedure.

The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.

The proposal aims at:

- streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;

- improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;

- strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;

- requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;

- enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;

- simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.

The amended text:

- provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;

- strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;

- strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.

To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory

Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.

The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.

Text adopted by Parliament, 1st reading/single reading

Documents
2024/04/24
   EP - Results of vote in Parliament
2024/03/04
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2024/02/15
   Council of the EU - Coreper letter confirming interinstitutional agreement
2024/02/14
   European Parliament - Text agreed during interinstitutional negotiations
Documents
2023/12/13
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/12/11
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/12/05
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Economic and Monetary Affairs adopted the report by Danuta Maria HÜBNER (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Active Account

The amended text set a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP , which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. This is ensured by a number of requirements, which have to be fulfilled by these accounts, including requirements for counterparties above a certain threshold to clear trades in the most relevant sub-categories of derivatives of substantial systemic importance defined in terms of class of derivative, size and maturity.

Joint supervisory activities

Each authorised CCP authorised should be subject to joint supervisory activities. Those activities should be coordinated by ESMA and the college in the context of the annual review and evaluation process and should be open for the participation of each college member on a voluntary basis.

ESMA should be in charge of establishing and coordinating the joint supervisory activities.

Joint monitoring mechanism

To enhance the ability of relevant Union bodies to have a comprehensive overview of market developments relevant for clearing in the Union, monitor the implementation of certain clearing related requirements of Regulation (EU) No 648/2012 and collectively discuss the potential risks arising from the interconnectedness of different financial actors and other issues related to the financial stability, the report noted the need to establish a cross-sectoral monitoring mechanism bringing together the relevant Union bodies involved in the supervision of Union CCPs, clearing members and clients.

Such Joint Monitoring Mechanism should be managed and chaired by ESMA as the Union authority supervising Union CCPs and supervising systemically important third-country CCPs. Other participants should include representatives from the Commission, the EBA, EIOPA, the ESRB, the ECB and the ECB in the framework of the tasks concerning the prudential supervision of credit institutions within the single supervisory mechanism.

To inform future policy decisions, ESMA, in cooperation with the other bodies participating in the Joint Monitoring Mechanism, should submit an annual report to the European Parliament, the Council and the Commission on the results of their activities. This report should include recommendations for potential Union-level action to address identified horizontal risks.

Strengthening ESMA’s role in emergency situations

Members considered that ESMA should be provided with a coordination role in cross-border emergency situations. Therefore, ESMA should be able to convene meetings of the CCP Supervisory Committee, either on its own initiative or upon request, potentially with an enlarged composition, to coordinate effectively competent authorities’ responses in emergency situations. ESMA should also be able to ask, by simple request, information from market participants which is necessary for ESMA to perform its coordination function in those situations and to be able to issue recommendations to the competent authority.

Lastly, given that developments in financial markets could have direct implications for the banking system or for monetary policy decisions, representatives of relevant central banks of issue should always be invited to participate in the coordination meetings of the CCP Supervisory Committee in response to such emergency situations.

Committee report tabled for plenary, 1st reading/single reading

Documents
2023/11/28
   EP - Vote in committee, 1st reading
2023/11/28
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/09/15
   PT_PARLIAMENT - Contribution
Documents
2023/07/07
   European Parliament - Amendments tabled in committee
Documents
2023/07/07
   European Parliament - Amendments tabled in committee
Documents
2023/06/13
   European Parliament - Committee draft report
Documents
2023/04/26
   European Central Bank: opinion, guideline, report - ECB
2023/03/22
   Economic and Social Committee: opinion, report - ESC
Documents
2023/03/21
   ES_PARLIAMENT - Contribution
Documents
2023/02/01
   EP - Committee referral announced in Parliament, 1st reading
2023/01/25
   EP - HÜBNER Danuta Maria (EPP) appointed as rapporteur in ECON
2022/12/08
   European Commission - Document attached to the procedure
2022/12/08
   European Commission - Document attached to the procedure
2022/12/08
   European Commission - Document attached to the procedure
2022/12/07
   European Commission - Legislative proposal
Details

PURPOSE: to increase the safety and efficiency of Union central counterparties (CCPs) by improving their attractiveness, encouraging clearing in the Union and enhancing the cross-border consideration of risks.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Regulation (EU) No 648/2012 (the European Market Infrastructure Regulation or EMIR) regulates derivatives transactions, including measures to limit their risks through clearing in central counterparties (CCPs). CCPs take on the risks faced by the parties to a trade, becoming the buyer to every seller and the seller to every buyer. By doing so, they increase market transparency and efficiency and reduce the risks in financial markets, especially for derivatives.

Whilst EMIR has established a robust framework for central clearing, certain areas of the current supervisory framework have proven overly complex. This limits EU CCPs’ ability to attract business both within the EU and internationally.

A safe, robust, efficient and attractive clearing system in the EU is essential for a well-functioning Capital Markets Union. If clearing does not function properly, financial institutions, companies and investors face more risks and higher costs – as the 2008 financial crisis showed.

The proposal aims to mitigate these obstacles in order to foster modern and competitive CCPs in the EU that can attract business.

This proposal is complemented by a proposal for a Directive introducing a limited number of changes to Directive 2013/36/EU (Capital Requirements Directive or ‘CRD’), Directive (EU) 2019/2034 (Investment Firms Directive or ‘IFD’) and Directive 2009/65/EU (Undertakings for Collective Investment in Transferable Securities Directive or ‘UCITS Directive’) as regards the treatment of concentration risk towards CCPs and the counterparty risk on centrally cleared derivative transactions. These amendments are necessary to ensure that the objectives of this EMIR review are achieved as well as to assure coherence. The two proposals should therefore be read in conjunction.

This proposal is part of the initiative aimed at ensuring that the EU has a safe, robust and competitive central clearing ecosystem, thereby promoting the Capital Markets Union (CMU) and reinforcing the EU’s open strategic autonomy. Robust and safe central counterparties (CCPs) enhance the trust of the financial system and crucially support the liquidity of key markets.

CONTENT: the Commission proposal introduces targeted amendments to EMIR which aim to improve the central clearing system in the EU , making EU CCPs more efficient and attractive. It addresses the vulnerabilities that stem from the current excessive reliance on certain third-country CCPs deemed to be substantially systemic for the EU, ensuring that the EU has a competitive and efficient clearing system that is safe and resilient.

The proposed regulation will have a positive impact by:

- improving the attractiveness of EU CCPs by, for example, shortening the approval process for offering new services to 10 working days instead of up to 2 years in certain cases;

- enhancing the resilience of the clearing system considering recent developments on energy markets by further enhancing the existing supervisory framework;

- reducing excessive reliance on third-country CCPs , strengthening the EU’s open strategic autonomy, by requiring all relevant market participants to hold active accounts at EU CCPs for clearing at least a portion of certain derivative contracts.

More specifically, clearing members (mainly banks) will benefit from extended, faster clearing offers by CCPs, thereby providing more choices on where to clear.

As for the clients , such as non-financial corporates or financial market participants, they will benefit from:

- more transparency on margin models and collateral requirements;

- information on where to clear certain contracts that can be cleared both at a third-country CCP and at an EU CCP; and

- the possibility to use bank and public guarantees.

In addition, the proposal entails two different aspects related to the equivalence framework under EMIR.

First, the Commission simplifies the framework for intragroup transactions . It provides more legal certainty to market participants and international partners by deleting the condition of an equivalence decision to benefit from intragroup exemption and replacing it by a list of jurisdictions for which an exemption cannot be granted. In order to benefit from the intragroup exemption, entities located in third countries should be in a country that is not identified as having deficiencies in terrorist financing and anti-money laundering regulations or considered as a non-cooperative jurisdiction for tax purposes. The country should also not have been identified by the Commission based on legal, supervisory and enforcement arrangements with regard to risks, including legal and counterparty credit risks.

Second, the proposal introduces the possibility for the Commission to take a more proportionate approach when adopting an equivalence decision for a third country by waiving the requirement to have an effective equivalent system for recognising third-country CCPs. This will be possible only when it is deemed to be in the interests of the Union and particularly when the risks involved in clearing in that third country are low.

Legislative proposal

2022/12/07
   EC - Legislative proposal published
Details

PURPOSE: to increase the safety and efficiency of Union central counterparties (CCPs) by improving their attractiveness, encouraging clearing in the Union and enhancing the cross-border consideration of risks.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Regulation (EU) No 648/2012 (the European Market Infrastructure Regulation or EMIR) regulates derivatives transactions, including measures to limit their risks through clearing in central counterparties (CCPs). CCPs take on the risks faced by the parties to a trade, becoming the buyer to every seller and the seller to every buyer. By doing so, they increase market transparency and efficiency and reduce the risks in financial markets, especially for derivatives.

Whilst EMIR has established a robust framework for central clearing, certain areas of the current supervisory framework have proven overly complex. This limits EU CCPs’ ability to attract business both within the EU and internationally.

A safe, robust, efficient and attractive clearing system in the EU is essential for a well-functioning Capital Markets Union. If clearing does not function properly, financial institutions, companies and investors face more risks and higher costs – as the 2008 financial crisis showed.

The proposal aims to mitigate these obstacles in order to foster modern and competitive CCPs in the EU that can attract business.

This proposal is complemented by a proposal for a Directive introducing a limited number of changes to Directive 2013/36/EU (Capital Requirements Directive or ‘CRD’), Directive (EU) 2019/2034 (Investment Firms Directive or ‘IFD’) and Directive 2009/65/EU (Undertakings for Collective Investment in Transferable Securities Directive or ‘UCITS Directive’) as regards the treatment of concentration risk towards CCPs and the counterparty risk on centrally cleared derivative transactions. These amendments are necessary to ensure that the objectives of this EMIR review are achieved as well as to assure coherence. The two proposals should therefore be read in conjunction.

This proposal is part of the initiative aimed at ensuring that the EU has a safe, robust and competitive central clearing ecosystem, thereby promoting the Capital Markets Union (CMU) and reinforcing the EU’s open strategic autonomy. Robust and safe central counterparties (CCPs) enhance the trust of the financial system and crucially support the liquidity of key markets.

CONTENT: the Commission proposal introduces targeted amendments to EMIR which aim to improve the central clearing system in the EU , making EU CCPs more efficient and attractive. It addresses the vulnerabilities that stem from the current excessive reliance on certain third-country CCPs deemed to be substantially systemic for the EU, ensuring that the EU has a competitive and efficient clearing system that is safe and resilient.

The proposed regulation will have a positive impact by:

- improving the attractiveness of EU CCPs by, for example, shortening the approval process for offering new services to 10 working days instead of up to 2 years in certain cases;

- enhancing the resilience of the clearing system considering recent developments on energy markets by further enhancing the existing supervisory framework;

- reducing excessive reliance on third-country CCPs , strengthening the EU’s open strategic autonomy, by requiring all relevant market participants to hold active accounts at EU CCPs for clearing at least a portion of certain derivative contracts.

More specifically, clearing members (mainly banks) will benefit from extended, faster clearing offers by CCPs, thereby providing more choices on where to clear.

As for the clients , such as non-financial corporates or financial market participants, they will benefit from:

- more transparency on margin models and collateral requirements;

- information on where to clear certain contracts that can be cleared both at a third-country CCP and at an EU CCP; and

- the possibility to use bank and public guarantees.

In addition, the proposal entails two different aspects related to the equivalence framework under EMIR.

First, the Commission simplifies the framework for intragroup transactions . It provides more legal certainty to market participants and international partners by deleting the condition of an equivalence decision to benefit from intragroup exemption and replacing it by a list of jurisdictions for which an exemption cannot be granted. In order to benefit from the intragroup exemption, entities located in third countries should be in a country that is not identified as having deficiencies in terrorist financing and anti-money laundering regulations or considered as a non-cooperative jurisdiction for tax purposes. The country should also not have been identified by the Commission based on legal, supervisory and enforcement arrangements with regard to risks, including legal and counterparty credit risks.

Second, the proposal introduces the possibility for the Commission to take a more proportionate approach when adopting an equivalence decision for a third country by waiving the requirement to have an effective equivalent system for recognising third-country CCPs. This will be possible only when it is deemed to be in the interests of the Union and particularly when the risks involved in clearing in that third country are low.

Legislative proposal

Documents

Votes

A9-0398/2023 – Danuta Maria Hübner – Provisional agreement – Am 2 #

2024/04/24 Outcome: +: 448, -: 122, 0: 20
PL IT ES FR NL RO HU SE BG CZ BE HR AT EE DK SK SI PT LT LV EL MT LU FI IE DE
Total
44
49
54
74
28
21
14
20
13
21
20
12
17
7
11
12
7
17
10
8
13
4
6
13
12
83
icon: PPE PPE
149

Hungary PPE

1

Estonia PPE

For (1)

1

Denmark PPE

For (1)

1

Slovenia PPE

3

Malta PPE

For (1)

1

Luxembourg PPE

2

Finland PPE

Against (1)

3
icon: S&D S&D
114

Romania S&D

2

Bulgaria S&D

2

Czechia S&D

For (1)

1

Belgium S&D

Against (1)

2

Estonia S&D

2

Denmark S&D

2

Slovakia S&D

For (1)

1

Slovenia S&D

2

Lithuania S&D

2

Latvia S&D

2

Greece S&D

1

Luxembourg S&D

For (1)

1
icon: Renew Renew
93

Poland Renew

1

Hungary Renew

For (1)

1
3

Bulgaria Renew

2

Croatia Renew

For (1)

1

Austria Renew

For (1)

1

Estonia Renew

3

Slovenia Renew

2

Lithuania Renew

1

Latvia Renew

For (1)

1

Greece Renew

1

Luxembourg Renew

2

Finland Renew

3

Ireland Renew

2
icon: ECR ECR
58

France ECR

For (1)

1

Romania ECR

1

Sweden ECR

3

Bulgaria ECR

2

Croatia ECR

1

Slovakia ECR

Abstain (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

1

Finland ECR

1

Germany ECR

1
icon: ID ID
47

Czechia ID

Abstain (1)

1

Austria ID

Abstain (2)

2

Estonia ID

For (1)

1

Denmark ID

For (1)

1
icon: NI NI
33

Spain NI

1

Netherlands NI

Against (1)

1

Romania NI

For (1)

1

Czechia NI

For (1)

1

Belgium NI

For (1)

1

Croatia NI

Abstain (1)

2

Latvia NI

Against (1)

1

Greece NI

For (1)

3

Germany NI

For (1)

Against (1)

2
icon: The Left The Left
31

Czechia The Left

Against (1)

1

Belgium The Left

Against (1)

1

Denmark The Left

Against (1)

1

Greece The Left

2

Finland The Left

Against (1)

1

Ireland The Left

4
icon: Verts/ALE Verts/ALE
65

Poland Verts/ALE

Against (1)

1

Italy Verts/ALE

2

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Czechia Verts/ALE

3

Belgium Verts/ALE

2

Austria Verts/ALE

3

Denmark Verts/ALE

Against (1)

1

Portugal Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

Against (1)

1

Finland Verts/ALE

3

Ireland Verts/ALE

2
AmendmentsDossier
342 2022/0403(COD)
2023/07/07 ECON 342 amendments...
source: 751.629

History

(these mark the time of scraping, not the official date of the change)

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Economic and Social Committee: opinion, report
docs/14
date
2023-04-26T00:00:00
docs
type
ECB
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European Central Bank: opinion, guideline, report
events/0/docs/1/title
Old
EUR-Lex
New
Go to the page Eur-Lex
events/0/summary/22
Legislative proposal
events/4/summary/14
Committee report tabled for plenary, 1st reading/single reading
events/7/docs/1
title
PE759.077
events/7/docs/2
title
GEDA/A/(2024)001022
events/8/date
Old
2024-03-04T00:00:00
New
2024-04-24T00:00:00
events/8/docs/0
url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/8/docs/0
url
https://www.europarl.europa.eu/RegData/commissions/econ/inag/2024/02-14/ECON_AG(2024)759078_EN.docx
title
PE759.078
events/8/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
  • Text adopted by Parliament, 1st reading/single reading
events/8/type
Old
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
New
Decision by Parliament, 1st reading
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events/10/body
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EP
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EP/CSL
events/10/date
Old
2024-04-24T00:00:00
New
2024-11-19T00:00:00
events/10/docs
  • url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
events/10/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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2010/0250(COD)
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Amending Regulation 2017/1131
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2013/0306(COD)
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Financial supervision
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EC
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Results of vote in Parliament
events/9/docs/0
url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Decision by Parliament, 1st reading
New
Results of vote in Parliament
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Decision by Parliament, 1st reading
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Results of vote in Parliament
events/9/docs/0
url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Results of vote in Parliament
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url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
events/9/docs/0
url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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2024-08-08T00:00:00
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Decision by Parliament, 1st reading
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Decision by Parliament, 1st reading
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Decision by Parliament, 1st reading
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Decision by Parliament, 1st reading
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Results of vote in Parliament
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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Results of vote in Parliament
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Decision by Parliament, 1st reading
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Results of vote in Parliament
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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New
Results of vote in Parliament
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Results of vote in Parliament
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https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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Results of vote in Parliament
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T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
events/9/type
Old
Decision by Parliament, 1st reading
New
Results of vote in Parliament
events/10
date
2024-04-24T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
summary
events/9/docs/0
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https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=60884&l=en
title
Results of vote in Parliament
events/9/docs/0
url
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html
title
T9-0348/2024
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
events/9/type
Old
Decision by Parliament, 1st reading
New
Results of vote in Parliament
events/10
date
2024-04-24T00:00:00
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Decision by Parliament, 1st reading
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EP
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url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
summary
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0348_EN.html title: T9-0348/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
date
2024-04-24T00:00:00
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  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
docs/10
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2024-04-24T00:00:00
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events/9/summary
  • The European Parliament adopted by 464 votes to 115, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The European Parliament adopted its position at first reading under the ordinary legislative procedure.
  • The European Market Infrastructure Regulation (EMIR) lays down rules on over-the-counter (OTC) derivatives, central counterparties (CCPs) and trade repositories. The proposed EMIR review contains several legislative measures to improve EU clearing services, notably by streamlining and shortening procedures, improving consistency between rules, strengthening CCP supervision and requiring market participants of substantial systemic importance, who are subject to a clearing obligation, to have an operationally active account at an EU CCP.
  • The proposal aims at:
  • - streamlining and shortening procedures for authorities to approve new activities or services as well as changes to risk models for CCPs, to make them more attractive to market participants;
  • - improving consistency between rules for banks and other pieces of financial sector legislation. This aims at allowing also e.g. insurance companies and funds to benefit from incentives (such as lower capital requirements) when clearing through an EU CCP;
  • - strengthening CCP supervision by establishing joint supervisory teams for certain tasks, facilitating the monitoring of cross-border risks to the EU throughout the clearing chain by the EU authorities that are part of the EU system of financial supervision and giving emergency powers to ESMA's CCP supervisory committee;
  • - requiring market participants subject to a clearing obligation to clear a portion of the products that have been identified by ESMA as of substantial systemic importance through active accounts at EU CCPs;
  • - enhancing powers of banks’ and investment firms’ supervisors to address concentration risk form exposures to CCPs;
  • - simplifying equivalence assessments under EMIR where risks involved in clearing in a third country are particularly low.
  • The amended text:
  • - provides for supervisors to apply streamlined supervisory processes , such as approval and validation procedures;
  • - strengthens cooperation, coordination and information sharing between supervisors and ESMA, while ensuring an appropriate division of tasks between national authorities and ESMA;
  • - strengthens ESMA's role by giving it a coordinating role in emergency situations , while clarifying that ultimate decision-making powers rest with the competent national authorities. In addition, ESMA will be informed of and may request to be invited to on-site inspections and issue opinions in a wide range of areas.
  • To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, the college should be co-chaired by the national competent authority and any of the independent members of the CCP Supervisory
  • Committee. To foster cooperation between ESMA and competent authorities, the co-chairs should jointly decide the dates of the college meetings and establish the agenda of such meetings. However, to ensure consistent decision making and that the CCP’s competent authority remains ultimately responsible, in the event of a disagreement between the co-Chairs, the final decision should, in any case, be taken by the competent authority, who should provide ESMA with a reasoned explanation of its decision.
  • The amended text establishes a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP, which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. In addition, a joint monitoring mechanism has been created to oversee the application of this new requirement.
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2024-04-24T00:00:00
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  • The Committee on Economic and Monetary Affairs adopted the report by Danuta Maria HÜBNER (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Active Account
  • The amended text set a solid active account requirement (AAR) that will require certain financial and non-financial counterparties to have an account at an EU CCP , which includes operational elements such as the ability to handle the counterparty’s transactions at short notice if need be and activity elements so that the account is effectively used. This is ensured by a number of requirements, which have to be fulfilled by these accounts, including requirements for counterparties above a certain threshold to clear trades in the most relevant sub-categories of derivatives of substantial systemic importance defined in terms of class of derivative, size and maturity.
  • Joint supervisory activities
  • Each authorised CCP authorised should be subject to joint supervisory activities. Those activities should be coordinated by ESMA and the college in the context of the annual review and evaluation process and should be open for the participation of each college member on a voluntary basis.
  • ESMA should be in charge of establishing and coordinating the joint supervisory activities.
  • Joint monitoring mechanism
  • To enhance the ability of relevant Union bodies to have a comprehensive overview of market developments relevant for clearing in the Union, monitor the implementation of certain clearing related requirements of Regulation (EU) No 648/2012 and collectively discuss the potential risks arising from the interconnectedness of different financial actors and other issues related to the financial stability, the report noted the need to establish a cross-sectoral monitoring mechanism bringing together the relevant Union bodies involved in the supervision of Union CCPs, clearing members and clients.
  • Such Joint Monitoring Mechanism should be managed and chaired by ESMA as the Union authority supervising Union CCPs and supervising systemically important third-country CCPs. Other participants should include representatives from the Commission, the EBA, EIOPA, the ESRB, the ECB and the ECB in the framework of the tasks concerning the prudential supervision of credit institutions within the single supervisory mechanism.
  • To inform future policy decisions, ESMA, in cooperation with the other bodies participating in the Joint Monitoring Mechanism, should submit an annual report to the European Parliament, the Council and the Commission on the results of their activities. This report should include recommendations for potential Union-level action to address identified horizontal risks.
  • Strengthening ESMA’s role in emergency situations
  • Members considered that ESMA should be provided with a coordination role in cross-border emergency situations. Therefore, ESMA should be able to convene meetings of the CCP Supervisory Committee, either on its own initiative or upon request, potentially with an enlarged composition, to coordinate effectively competent authorities’ responses in emergency situations. ESMA should also be able to ask, by simple request, information from market participants which is necessary for ESMA to perform its coordination function in those situations and to be able to issue recommendations to the competent authority.
  • Lastly, given that developments in financial markets could have direct implications for the banking system or for monetary policy decisions, representatives of relevant central banks of issue should always be invited to participate in the coordination meetings of the CCP Supervisory Committee in response to such emergency situations.
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  • PURPOSE: to increase the safety and efficiency of Union central counterparties (CCPs) by improving their attractiveness, encouraging clearing in the Union and enhancing the cross-border consideration of risks.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: Regulation (EU) No 648/2012 (the European Market Infrastructure Regulation or EMIR) regulates derivatives transactions, including measures to limit their risks through clearing in central counterparties (CCPs). CCPs take on the risks faced by the parties to a trade, becoming the buyer to every seller and the seller to every buyer. By doing so, they increase market transparency and efficiency and reduce the risks in financial markets, especially for derivatives.
  • Whilst EMIR has established a robust framework for central clearing, certain areas of the current supervisory framework have proven overly complex. This limits EU CCPs’ ability to attract business both within the EU and internationally.
  • A safe, robust, efficient and attractive clearing system in the EU is essential for a well-functioning Capital Markets Union. If clearing does not function properly, financial institutions, companies and investors face more risks and higher costs – as the 2008 financial crisis showed.
  • The proposal aims to mitigate these obstacles in order to foster modern and competitive CCPs in the EU that can attract business.
  • This proposal is complemented by a proposal for a Directive introducing a limited number of changes to Directive 2013/36/EU (Capital Requirements Directive or ‘CRD’), Directive (EU) 2019/2034 (Investment Firms Directive or ‘IFD’) and Directive 2009/65/EU (Undertakings for Collective Investment in Transferable Securities Directive or ‘UCITS Directive’) as regards the treatment of concentration risk towards CCPs and the counterparty risk on centrally cleared derivative transactions. These amendments are necessary to ensure that the objectives of this EMIR review are achieved as well as to assure coherence. The two proposals should therefore be read in conjunction.
  • This proposal is part of the initiative aimed at ensuring that the EU has a safe, robust and competitive central clearing ecosystem, thereby promoting the Capital Markets Union (CMU) and reinforcing the EU’s open strategic autonomy. Robust and safe central counterparties (CCPs) enhance the trust of the financial system and crucially support the liquidity of key markets.
  • CONTENT: the Commission proposal introduces targeted amendments to EMIR which aim to improve the central clearing system in the EU , making EU CCPs more efficient and attractive. It addresses the vulnerabilities that stem from the current excessive reliance on certain third-country CCPs deemed to be substantially systemic for the EU, ensuring that the EU has a competitive and efficient clearing system that is safe and resilient.
  • The proposed regulation will have a positive impact by:
  • - improving the attractiveness of EU CCPs by, for example, shortening the approval process for offering new services to 10 working days instead of up to 2 years in certain cases;
  • - enhancing the resilience of the clearing system considering recent developments on energy markets by further enhancing the existing supervisory framework;
  • - reducing excessive reliance on third-country CCPs , strengthening the EU’s open strategic autonomy, by requiring all relevant market participants to hold active accounts at EU CCPs for clearing at least a portion of certain derivative contracts.
  • More specifically, clearing members (mainly banks) will benefit from extended, faster clearing offers by CCPs, thereby providing more choices on where to clear.
  • As for the clients , such as non-financial corporates or financial market participants, they will benefit from:
  • - more transparency on margin models and collateral requirements;
  • - information on where to clear certain contracts that can be cleared both at a third-country CCP and at an EU CCP; and
  • - the possibility to use bank and public guarantees.
  • In addition, the proposal entails two different aspects related to the equivalence framework under EMIR.
  • First, the Commission simplifies the framework for intragroup transactions . It provides more legal certainty to market participants and international partners by deleting the condition of an equivalence decision to benefit from intragroup exemption and replacing it by a list of jurisdictions for which an exemption cannot be granted. In order to benefit from the intragroup exemption, entities located in third countries should be in a country that is not identified as having deficiencies in terrorist financing and anti-money laundering regulations or considered as a non-cooperative jurisdiction for tax purposes. The country should also not have been identified by the Commission based on legal, supervisory and enforcement arrangements with regard to risks, including legal and counterparty credit risks.
  • Second, the proposal introduces the possibility for the Commission to take a more proportionate approach when adopting an equivalence decision for a third country by waiving the requirement to have an effective equivalent system for recognising third-country CCPs. This will be possible only when it is deemed to be in the interests of the Union and particularly when the risks involved in clearing in that third country are low.
docs/0/summary
  • PURPOSE: to increase the safety and efficiency of Union central counterparties (CCPs) by improving their attractiveness, encouraging clearing in the Union and enhancing the cross-border consideration of risks.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: Regulation (EU) No 648/2012 (the European Market Infrastructure Regulation or EMIR) regulates derivatives transactions, including measures to limit their risks through clearing in central counterparties (CCPs). CCPs take on the risks faced by the parties to a trade, becoming the buyer to every seller and the seller to every buyer. By doing so, they increase market transparency and efficiency and reduce the risks in financial markets, especially for derivatives.
  • Whilst EMIR has established a robust framework for central clearing, certain areas of the current supervisory framework have proven overly complex. This limits EU CCPs’ ability to attract business both within the EU and internationally.
  • A safe, robust, efficient and attractive clearing system in the EU is essential for a well-functioning Capital Markets Union. If clearing does not function properly, financial institutions, companies and investors face more risks and higher costs – as the 2008 financial crisis showed.
  • The proposal aims to mitigate these obstacles in order to foster modern and competitive CCPs in the EU that can attract business.
  • This proposal is complemented by a proposal for a Directive introducing a limited number of changes to Directive 2013/36/EU (Capital Requirements Directive or ‘CRD’), Directive (EU) 2019/2034 (Investment Firms Directive or ‘IFD’) and Directive 2009/65/EU (Undertakings for Collective Investment in Transferable Securities Directive or ‘UCITS Directive’) as regards the treatment of concentration risk towards CCPs and the counterparty risk on centrally cleared derivative transactions. These amendments are necessary to ensure that the objectives of this EMIR review are achieved as well as to assure coherence. The two proposals should therefore be read in conjunction.
  • This proposal is part of the initiative aimed at ensuring that the EU has a safe, robust and competitive central clearing ecosystem, thereby promoting the Capital Markets Union (CMU) and reinforcing the EU’s open strategic autonomy. Robust and safe central counterparties (CCPs) enhance the trust of the financial system and crucially support the liquidity of key markets.
  • CONTENT: the Commission proposal introduces targeted amendments to EMIR which aim to improve the central clearing system in the EU , making EU CCPs more efficient and attractive. It addresses the vulnerabilities that stem from the current excessive reliance on certain third-country CCPs deemed to be substantially systemic for the EU, ensuring that the EU has a competitive and efficient clearing system that is safe and resilient.
  • The proposed regulation will have a positive impact by:
  • - improving the attractiveness of EU CCPs by, for example, shortening the approval process for offering new services to 10 working days instead of up to 2 years in certain cases;
  • - enhancing the resilience of the clearing system considering recent developments on energy markets by further enhancing the existing supervisory framework;
  • - reducing excessive reliance on third-country CCPs , strengthening the EU’s open strategic autonomy, by requiring all relevant market participants to hold active accounts at EU CCPs for clearing at least a portion of certain derivative contracts.
  • More specifically, clearing members (mainly banks) will benefit from extended, faster clearing offers by CCPs, thereby providing more choices on where to clear.
  • As for the clients , such as non-financial corporates or financial market participants, they will benefit from:
  • - more transparency on margin models and collateral requirements;
  • - information on where to clear certain contracts that can be cleared both at a third-country CCP and at an EU CCP; and
  • - the possibility to use bank and public guarantees.
  • In addition, the proposal entails two different aspects related to the equivalence framework under EMIR.
  • First, the Commission simplifies the framework for intragroup transactions . It provides more legal certainty to market participants and international partners by deleting the condition of an equivalence decision to benefit from intragroup exemption and replacing it by a list of jurisdictions for which an exemption cannot be granted. In order to benefit from the intragroup exemption, entities located in third countries should be in a country that is not identified as having deficiencies in terrorist financing and anti-money laundering regulations or considered as a non-cooperative jurisdiction for tax purposes. The country should also not have been identified by the Commission based on legal, supervisory and enforcement arrangements with regard to risks, including legal and counterparty credit risks.
  • Second, the proposal introduces the possibility for the Commission to take a more proportionate approach when adopting an equivalence decision for a third country by waiving the requirement to have an effective equivalent system for recognising third-country CCPs. This will be possible only when it is deemed to be in the interests of the Union and particularly when the risks involved in clearing in that third country are low.
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