13 June 2017

Commission proposes more robust supervision of central counterparties

Central counterparties (CCPs) from the EU are already well regulated and equipped to deal with financial distress, thanks to a raft of measures adopted in the wake of the financial crisis. However, further reforms to ensure a more consistent and robust supervision of CCPs in EU and non-EU countries are now needed to deal with emerging challenges. CCPs have become a systemically-important part of the financial sector and their importance is growing. In addition, the foreseen withdrawal of the United Kingdom from the EU will have a significant impact on the regulation and supervision of clearing in Europe.

Valdis Dombrovskis, Vice-President responsible for Financial Stability, Financial Services and Capital Markets Union said: "The continued safety and stability of our financial system remains a key priority. As we face the departure of the largest EU financial centre, we need to make certain adjustments to our rules to ensure that our efforts remain on track." 

Jyrki Katainen, Vice-President responsible for Jobs, Growth, Investment and Competitiveness said: "The Commission has worked hard to make our financial system safer. This proposal is a first concrete step after the recent adoption of our Mid-Term Review for Capital Markets Union to strengthen the effectiveness of supervision and to accelerate market integration."

The proposal is based on an assessment of the supervisory arrangements for CCPs, as well as on feedback from a series of public consultations, notably on the operations of the European Supervisory Authorities (ESAs) and on the Capital Markets Union (CMU) Mid-Term Review.It also considers feedback received following the publication of the Commission's Communication responding to challenges for critical financial market infrastructures.

The proposal introduces a more pan-European approach to the supervision of EU CCPs, to ensure further supervisory convergence and accelerate certain procedures. The proposal also ensures closer cooperation between supervisory authorities and central banks responsible for EU currencies. To achieve this, a newly-created supervisory mechanism will be established within European Securities and Markets Authority (ESMA) ('CCP Executive Session') which will be responsible for ensuring a more coherent and consistent supervision of EU CCPs as well more robust supervision of CCPs in non-EU countries, or 'third countries'.

For non-EU CCPs, the proposal builds on the existing third-country provisions in EMIR and will make the process to recognise and supervise third-country CCPs more rigorous for those which are of key systemic importance for the EU. The aim is to address important challenges in derivatives clearing as its scale and importance grows and to take account of the role played by third-country CCPs in the clearing of financial instruments relevant to EU financial stability.

The proposal introduces a new "two tier" system for classifying third-country CCPs. Non-systemically important CCPs will continue to be able to operate under the existing EMIR equivalence framework. However, systemically important CCPs (so-called Tier 2 CCPs) will be subject to stricter requirements.

These requirements include:

-      compliance with the necessary prudential requirements for EU-CCPs while taking into account third-country rules;

-      confirmation from the relevant EU central banks that the CCP complies with any additional requirements set by those central banks (e.g. the availability or type of collateral held in a CCP, segregation requirements, liquidity arrangements, etc.);

-      the agreement of a CCP to provide ESMA with all relevant information and to enable on-site inspections, as well as the necessary safeguards confirming that such arrangements are valid in the third country.

Depending on the significance of the third-country CCP's activities for the EU and Member States' financial stability, a limited number of CCPs may be of such systemic importance that the requirements are deemed insufficient to mitigate the potential risks. In such instances, the Commission, upon request by ESMA and in agreement with the relevant central bank can decide that a CCP will only be able to provide services in the Union if it establishes itself in the EU.

Mr Dombrovskis said in this regard: “We need to make sure that we are one step ahead of current developments. Since the financial crisis, we adjusted our legislative framework, and more and more derivatives transactions are being cleared by a limited number of CCPs. Some of these are systemically important for the EU financial system. We also need to prepare for the departure of the EU's largest financial centre from the single market. That means taking action to preserve financial stability and provide certainty to businesses.  

That's why today we are introducing a more pan-European approach to the supervision of CCPs. We also want to ensure closer cooperation between supervisory authorities and central banks responsible for EU currencies.

We are empowering the European Securities and Markets Authority - or ESMA - with the task of ensuring a more coherent and consistent supervision of CCPs both in the EU and outside – so called third countries.

On third country operators, for non-systemically important CCPs, not much will change: they will continue to operate under the equivalence system.

For systemically important CCPs outside the EU, they will be subject to dual supervision, meaning both by their home authorities and by ESMA. This is in line with the approach taken by others, such as the United States.”

Full press release

Read-out of the College meeting and press conference by Vice-President Valdis Dombrovskis

Q&A on the proposal to amend the European Market Infrastructure Regulation

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