Tag: settlement

ECSDA response to ESMA consultation on the amendment on Article 19

ECSDA response to ESMA consultation on the amendment on Article 19

ECSDA welcomes the ESMA initiative of consulting the relevant stakeholders on the change of the dedicated penalties collection and distribution process for cleared transactions, as currently foreseen under Article 19 of Commission Delegated Regulation (EU) 2018/1229 (CDR).
ECSDA is generally supportive of the ESMA proposal. In addition, the following elements are essential for CSDs:

  • that further light is shed on the interaction between CSDR Article 7(11) and the changed Article 19 (and eventually, recital 22),
  • receiving the information on the timeline for the entry into force of the regime as soon as possible, and
  • that the date of activation of the regime is foreseen on the first business day of the month.

In the interest of clarity, we suggest structurally clarifying the treatment of CCP transactions and penalties in CSDR itself, ideally as part of the CSDR Refit exercise.

Read the full response.

New Timeline for February Penalties process

New Timeline for February Penalties process

After extensive evaluation and considering wide-ranging discussions of recent days, the CSDs have agreed in principle on a process for February penalties. Below we outline the timeline for the February penalties process and some of the elements that CSDs took into account.

Acknowledging the AFME proposal of last Friday (March 11), the CSDs confirmed their agreement and possibility to proceed with collection and distribution for payment date on 13 April.

The resulting timeline of the process:

*The dates decided by the CSDs are communicated by them to the participants.

Useful documents:

Dates for reporting of Monthly Net amounts. (Last updated on 31 March 2022. The overview of the CSD preferences is updated intra-day, upon reception of information; we hope to complete the document on 18 March, at the latest. Please refer to the relevant CSD communication as the ultimate source of information.)

ECSDA April calendar for March penalties (for Easter holidays).  (Last updated on 30 March 2022.)

CSDs activate their settlement penalties mechanisms

CSDs activate their settlement penalties mechanisms

1 February 2022 is the day of the entry into force of the Central Securities Depositories (CSD) Regulation (Regulation (EU) 909/2014) settlement penalties requirements. The requirements can be found on the website of the European Securities and Markets Authority. Most European CSDs are activating the mechanism on that day.

Many answers to the CSD participants’ questions on how the requirements will be implemented by CSDs can be found in the ECSDA Penalties Framework. Its version dated 5 October 2021 will be used for the set-up of the CSDs’ mechanisms as of 1 February 2022 and provides many answers to the frequently raised questions. More information about how the individual CSDs are applying settlement penalties requirements is provided by their website.

ECSDA uses the opportunity to remind the key milestones of the monthly reporting and collection/distribution process.

To ensure that the penalties processes are running smoothly, CSDs will be following the indicative timeline of the monthly process outlined below. Should the monthly reports be delayed for some reasons (e.g. a delay on the CSD side for a technical reason or a T2S delay), the CSD will only proceed with the subsequent steps of the monthly process after the participants receive the monthly reports. Section 12.2 of the Framework describes the handling of exceptions.

Source: ECSDA Penalties framework.

If an appeal based on a daily report is required, it should be addressed to the CSD as soon as practically possible, to be taken into account on time before the monthly payment request is sent to a participant. (For T2S CSDs, no change is possible after the 10th Penalties Business Day. The end of appeal for cross-CSD penalties is also be shorter than for intra-CSD; please refer to the communication of the individual CSD.) The amounts mentioned in the monthly report must be the ones collected and distributed. Penalties subject to an appeal submitted on time will be removed before the monthly report is sent, thus these will not appear on the penalties monthly reports. After the monthly process has been concluded, no further adjustments for the penalties received and distributed should be done by CSDs.

We encourage CSD participants to refer to the basics of the appeal mechanism, e.g. in the ECSDA Framework and the individual CSDs´ governing documents to limit queries and appeals to the extent possible. CSDs particularly ask the participants to verify the validity of reason for appeal before submitting it. This would avoid drawing upon the highly solicited CSD expert attention without a valid reason and ensure more efficient treatment of valid appeals.

ECSDA responded to the CPMI-IOSCO Consultative report on the Application of the PFMIs to Stablecoin Arrangements

ECSDA responded to the CPMI-IOSCO Consultative report on the Application of the PFMIs to Stablecoin Arrangements

On 1 December, ECSDA has responded to the CPMI-IOSCO Consultative report on the Application of the PFMIs to Stablecoin Arrangements

ECSDA’s response conveys these key messages to stakeholders:

  • Clarifying the liability regime and the rights associated with settlement assets is crucial
  • Risks posed by ‘probabilistic finality’ must be removed – ensuring financial stability
  • Enhancing money settlements

See the full response

ECSDA issues its updated CSDR Penalties Framework

ECSDA issues its updated CSDR Penalties Framework

On 5 October 2021, the European Central Securities Depositories Association (ECSDA) publishes the updated version of the ECSDA CSDR Settlement Fails Penalties Framework.

The Framework is the effort of compliance with the Regulation and harmonisation of settlement penalties mechanisms across CSDs subject to CSDR or regulation alike and constitutes a market practice focusing on the settlement fails related requirements in the Central Securities Depositories (CSDs) Regulation and its Regulatory Technical Standards on Settlement Discipline, aiming at improving “the safety and efficiency of securities settlement”.

The current version of the document provides the changes in comparison with the previous one highlighted in grey and the assumptions pending ESMA and EC feedback in yellow.

ECSDA also makes public operational details of CSDs Settlement Discipline implementation via a questionnaire, regularly updated.

ECSDA CSDR Penalties Framework last updated 05/10/2021
ECSDA response to practical questions of CSD participants on CSDR penalties implementation – last updated 20/09/2021

 

ECSDA requests postponement of Settlement Discipline

ECSDA requests postponement of Settlement Discipline

On 8 June 2020, the European Central Securities Depositories Association (ECSDA) writes to request a postponement in the implementation of Settlement Discipline Regime (SDR), and Settlement penalties in particular, possibly by one year beyond the date of 1 February 2021.

We acknowledge that the European Commission recently adopted a decision to amend the date of entry into force of the Central Securities Depositories Delegated Regulation on Settlement Discipline (Regulation 2018/1229). In this letter, we aim to alert you about a set of new elements which affect the SDR timeline and might not yet have been considered by the Commission. We hope these elements will be taken into account during the scrutiny period of the amendment.

The letter calls for a holistic approach on the implementation timeline of the regulatory and mandatory projects. The approach may lead to the postponement of the mentioned projects by one year.

Full letter