Version in force 17 January 2026

Previous version, in force 17 January 2025 02014R0909-20250117 → this version, in force 17 January 2026 02014R0909-20260117

Article 7 Measures to address settlement fails 1. For each securities settlement system it operates, a CSD shall establish a system that monitors settlement fails of transactions in financial instruments referred to in Article 5(1). The CSD shall provide regular reports to the competent authority and relevant authorities as to the number and details of settlement fails and any other relevant information, including the measures envisaged by the CSD and its participants to improve settlement efficiency. Those reports shall be made public by the CSD in an aggregated and anonymised form on an annual basis. The competent authorities shall share with ESMA any relevant information on settlement fails. 2. For each securities settlement system it operates, a CSD shall establish procedures that facilitate the settlement of transactions in financial instruments referred to in Article 5(1) that are not settled on the intended settlement date. Those procedures shall provide for a penalty mechanism that serves as an effective deterrent to participants that cause settlement fails. Before establishing the procedures referred to in the first subparagraph, a CSD shall consult the relevant trading venues and CCPs in respect of which it provides settlement services. The penalty mechanism referred to in the first subparagraph shall include cash penalties for participants that cause settlement fails (failing participants). Cash penalties shall be calculated on a daily basis for each business day that a transaction fails to be settled after its intended settlement date until the transaction is either settled or bilaterally cancelled. The cash penalties shall not be configured as a revenue source for the CSD. 3. The penalty mechanism referred to in paragraph 2 shall not apply to: (a) settlement fails the underlying cause of which is not attributable to the participants in the transaction; (b) operations that are not considered as trading; (c) transactions where the failing participant is a CCP, except for transactions entered into by a CCP where it does not interpose itself between the counterparties; or (d) transactions where insolvency proceedings are opened against the failing participant. 4. A CCP may … 684 unchanged words … to the Commission by 17 January 2025. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

Previous version, in force 17 January 2025 02014R0909-20250117 → this version, in force 17 January 2026 02014R0909-20260117

Article 25 Third countries 1. Third-country CSDs may provide services referred to in the Annex within the territory of the Union, including through setting up a branch. 2. Notwithstanding paragraph 1, a third-country CSD that intends to provide the core services referred to in points (1) and (2) of Section A of the Annex in relation to financial instruments constituted under the law of a Member State referred to in the second subparagraph of Article 49(1) or to set up a branch in a Member State shall be subject to the procedure referred to in paragraphs 4 to 11 of this Article. 2a. A third-country CSD that intends to provide the core service referred to in Section A, point 3, of the Annex in relation to financial instruments constituted under the law of a Member State referred to in Article 49(1), second subparagraph, shall notify ESMA thereof. ESMA shall inform the competent authority of the Member State under whose law the financial instruments are constituted of the notification received. 3. A CSD established and authorised in the Union may maintain or establish a link with a third-country CSD in accordance with Article 48. 4. After consulting the authorities referred to in paragraph 5, ESMA may recognise a third-country CSD that … 1,269 unchanged words … to the Commission by 17 January 2025. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

Previous version, in force 17 January 2025 02014R0909-20250117 → this version, in force 17 January 2026 02014R0909-20260117

Article 54 Authorisation and designation to provide banking-type ancillary services 1. A CSD shall not itself provide any banking-type ancillary services set out in Section C of the Annex unless it has obtained an additional authorisation to provide such services in accordance … 852 unchanged words … cash payments for all or part of its securities settlement systems, such cash payments shall not be in a currency of the country where the designating CSD is established. 5. Paragraph 4 shall not apply to credit institutions referred to in paragraph 2a, point (b) of (a), and paragraph 2 4a shall not apply to credit institutions and CSDs referred to in paragraph 2a, that offer to settle the cash payments for all or part of the CSD’s securities settlement system, systems, if the total value of such cash settlement through accounts opened with those credit institutions, institutions and CSDs, as applicable, calculated over a one-year period, is less than one per cent of the total value of all securities transactions against cash settled in the books of the CSD and does not exceed a maximum of EUR 2,5 billion per year. the threshold determined in accordance with paragraph 9. The competent authority shall monitor at least once per year that the threshold defined referred to in the first subparagraph is respected respected. The competent authority shall transmit its findings together with the underlying data to ESMA and report EBA. The competent authority shall also transmit its findings to ESMA. Where the members of the ESCB. Without prejudice to Article 40(1), where the competent authority determines that the threshold has been exceeded, it the competent authority shall require the CSD concerned to seek authorisation in accordance with paragraph 4. 2. The CSD concerned shall submit its application for authorisation within six months. 6. The Where the competent authority may require a CSD to designate more than one credit institution, or to designate a credit institution in addition to providing services itself in accordance with point (a) of paragraph 2 of this Article where it considers that the exposure of one credit institution to the concentration of risks under Article 59(3) and (4) is not sufficiently mitigated. The designated mitigated, the competent authority may require a CSD to designate more than one credit institutions shall be considered institution or CSD referred to be settlement agents. in paragraph 2a, or to designate a credit institution or a CSD referred to in paragraph 2a, in addition to providing services itself in accordance with paragraph 2 of this Article. 7. A CSD authorised to provide any banking-type ancillary services and a credit institution designated in accordance with paragraph 2a, point (b) of paragraph 2 (a), shall comply at all times with the conditions necessary for authorisation under this Regulation and shall, without delay, notify the competent authorities of any substantive changes affecting the conditions for authorisation. 8. EBA shall, in close cooperation with ESMA and the members of the ESCB, develop draft regulatory technical standards to determine the additional risk-based capital surcharge referred to in paragraph 3, point (d), and paragraph 4, point (d). EBA shall submit those draft regulatory technical standards to the Commission by 18 June 2015. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. 9. EBA shall, in close cooperation with the members of the ESCB and ESMA, develop draft regulatory technical standards to determine the threshold referred to in paragraph 5 and accompanying appropriate risk management and prudential requirements to mitigate risks in relation to the designation of credit institutions in accordance with paragraph 2a. When developing those standards, EBA shall take into account the following: (a) the implications for the market stability that could derive from a change of risk profile of CSDs and their participants, including the systemic importance of CSDs for the functioning of securities markets; (b) the implications for the credit and liquidity risks for CSDs, for the designated credit institutions involved and for the CSD participants that result from the settlement of cash payments through accounts opened with credit institutions that are not subject to paragraph 4; (c) the possibility for CSDs to settle cash payments in several currencies; (d) the need to avoid both an unintended shift from settlement in central bank money to settlement in commercial bank money and disincentives to the efforts of CSDs to settle in central bank money; and (e) the need to ensure a level playing field amongst CSDs in the Union. EBA shall submit those draft regulatory technical standards to the Commission by 17 January 2025. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

Previous version, in force 17 January 2025 02014R0909-20250117 → this version, in force 17 January 2026 02014R0909-20260117

Article 59 Prudential requirements applicable to credit institutions or CSDs authorised to provide banking-type ancillary services 1. A credit institution designated under point (b) of Article 54(2) or a CSD authorised under point (a) of Article 54(2) to provide banking-type ancillary services … 405 unchanged words … timely basis, and at least daily, its liquidity needs and the level of liquid assets it holds; in doing so, it shall determine the value of its available liquid assets taking into account appropriate haircuts on those assets; (c) it shall have maintain sufficient qualifying liquid resources in all relevant currencies for a timely provision of settlement services under a wide range of potential stress scenarios including, but not limited to including the liquidity risk generated by the default of at least one participant, two participants, including its parent undertakings and subsidiaries, to which it has the largest exposures; (d) it shall mitigate the corresponding liquidity risks with qualifying liquid resources in each currency relevant currency, such as cash at the central bank of issue and at other creditworthy financial institutions, committed lines of credit or similar arrangements and highly liquid collateral or investments that are readily available and convertible into cash with prearranged and highly reliable funding arrangements, even in extreme but plausible market conditions conditions, and it shall identify, measure and monitor its liquidity risk stemming from the various financial institutions used for the management of its liquidity risks; (e) where prearranged and highly reliable funding arrangements, committed lines of credit or similar arrangements are used, it shall select only creditworthy financial institutions as liquidity providers; it shall establish and apply appropriate concentration limits for each of the corresponding liquidity providers including its parent undertaking and subsidiaries; (f) it shall determine and test the sufficiency of the corresponding resources by regular and rigorous stress testing; (g) it shall analyse and plan for how to address any unforeseen and potentially uncovered liquidity shortfalls, and adopt rules and procedures to implement such plans; (h) where practical and available, without prejudice to the eligibility rules of the central bank, it shall have access to central bank accounts and other central bank services to enhance its management of liquidity risks and Union credit institutions shall deposit the corresponding cash balances on dedicated accounts with Union central banks of issue; (i) it shall have prearranged and highly reliable arrangements to ensure that it can liquidate convert in a timely fashion the collateral provided to it by a defaulting client; client into cash and, where non-committed arrangements are used, establish that any associated potential risks have been identified and mitigated; (j) it shall report regularly to the authorities referred to in Article 60(1), and disclose to the public, as to how it measures, monitors and manages its liquidity risks, including intra-day liquidity risks. 4a. Where a CSD intends to provide banking-type ancillary services to other CSDs pursuant to Article 54(2a), first subparagraph, point (b), the CSD shall have in place clear rules and procedures addressing any potential credit, liquidity and concentration risks resulting from the provision of those services. 5. EBA shall, in close cooperation with ESMA and the members of the ESCB, develop draft regulatory technical standards to further specify details of the frameworks and tools for the monitoring, measuring, management, reporting and public disclosure of the credit and liquidity risks, including those which occur intra-day, referred to in paragraphs 3 and 4, as well as the rules and procedures referred to in paragraph 4a. Those draft regulatory technical standards shall, where appropriate, be aligned to the regulatory technical standards adopted in accordance with Article 46(3) of Regulation (EU) No 648/2012. EBA shall submit those draft regulatory technical standards to the Commission by 17 January 2025. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.