settlement discipline

ECSDA responds to the ESMA consultation on CSDR SDR scope

On 9 September 2024, ECSDA responds to the ESMA consultation on CSDR SDR scope and provides its view on what may be considered in the scope of cash penalties application for:

a. Underlying causes of settlement fails that are considered as not attributable to the participants in the transactions
b. Circumstances in which operations are not considered as trading
ECSDA supports the ESMA proposal with some exceptions and highlights the impact that any change introduced might have on market actors, and also warns about the timeline for implementation of such changes.

Read the full document.

ECSDA issues its updated CSDR Penalties Framework

Today, 28 April 2023 ECSDA issued the update of the ECSDA CSDR Settlement fails Penalties Framework.
The change takes into account the postponement of the collection of payment by CSD participants giving them an additional day to collect the payment from the underlying customers:

PFoDs Trade Date (TD) – from 15th to 16th Day
Payment Date – from 17th to 18th Day

ECSDA CSDR Penalties Framework last updated 28/04/2023

ECSDA issues 2023 penalties calendar

The European Central Securities Depositories Association (ECSDA) issues the 2023 calendar, which can be found below.

In the calendar, you will find highlighted the key dates of the penalties life cycle as follows:

End of appeal period – 10th PBD
Monthly report – 14th PBD
Payment date:
a. 17th PBD until February penalties, e.g., March payment
b. 18th PBD from March penalties, e.g., April payment

The payment date will be postponed by 1 PBD, from March penalties, e.g., April payment, as a result of the activity in the Calendar TF with industry associations.

We take the opportunity to thank AFME, EACH, AGC, EFAMA, IA Members, and other associations participating in the Industry Settlement Fails Penalties Calendar task force and look forward to working with you in the future.

We wish you a happy year-end holiday!

The ECSDA team

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

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.)

ESMA suggests to postpone Settlement Discipline Standards until 1 February 2022

On 26 August 2020, ESMA released its Final Report CSDR RTS on Settlement Discipline that provides explanations for the proposal to postpone the entry into force of the RTS on settlement discipline until 1 February 2022.

It is sent to the European Commission, and ESMA is submitting the draft RTS presented in Annex IV for endorsement in the form of a Commission Delegated Regulation, i.e. a legally binding instrument applicable in all Member States of the European Union. Following the endorsement of the draft RTS by the European Commission, the Commission Delegated Regulation will then be subject to the non-objection of the European Parliament and of the Council.

Read the full report.

ESMA requests the Commission to postpone Settlement Discipline to 1 Feb.2021

On 4 February, the European Securities Market Authority, ESMA, has published the Final Report “CSDR RTS on Settlement Discipline – postponed entry into force”.

The report provides explanations for the proposal of delay of the implementation of the RTS on settlement discipline, initially foreseen on 13 September 2020.

ESMA acknowledges the need for relevant stakeholders to be provided with more time to prepare the implementation of the Settlement Discipline.

This is due in particular to:

New developments needed for the go live of the T2S penalty mechanism (22 November 2020)
Necessary IT system changes for the updating of ISO messages (22 November 2020)
Market testing
Adjustments to legal arrangements between the parties concerned (see Article 20 of RTS)
Developments related to the implementation of the mandatory buy-in process, foreseen by the CSDR settlement discipline

Considering all the above-mentioned elements, ESMA officially proposes (see Annex II of the report) the postponement of the date of entry into force of the RTS on settlement discipline until 1 February 2021.

Next steps:

This amendment to the RTS will be submitted to the European Commission for review and endorsement.
This will be followed by the non-objection period by the European Parliament and Council before the publication in the EU Official Journal and subsequently entry into force.

ECSDA to welcome CSD participants at workshop on the CSDR Penalties Framework

The ECSDA CSDR Penalties Framework Workshop will take place on Thursday, 13 February at Clearstream, Mergenthalerallee 61, 65760 Eschborn (Frankfurt), Germany.

Updated version 17 April 2020