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Commission Delegated Regulation (EU) 2018/1229 Section I — Monitoring settlement fails

Article 13–Article 15 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Details of the system monitoring settlement fails

Article 13

1.   CSDs shall establish a system that enables them to monitor the number and value of settlement fails for every intended settlement date, including the length of each settlement fail expressed in business days. That system shall, for each settlement fail, collect the following information: (a) the reason for the settlement fail, based on the information available to the CSD; (b) any settlement restrictions such as the reservation, blocking or earmarking of financial instruments or cash that make those financial instruments or cash unavailable for settlement; (c) the type of financial instrument, within the following categories, affected by the settlement fail: (i) transferable securities as defined in point (a) of Article 4(1)(44) of Directive 2014/65/EU; (ii) sovereign debt as defined in Article 4(1)(61) of Directive 2014/65/EU; (iii) transferable securities as defined in point (b) of Article 4(1)(44) of Directive 2014/65/EU, other than sovereign debt referred to in point (ii); (iv) transferable securities as defined in point (c) of Article 4(1)(44) of Directive 2014/65/EU; (v) exchange-traded funds (ETFs); (vi) units in collective investment undertakings, other than ETFs; (vii) money-market instruments, other than sovereign debt referred to in point (ii); (viii) emission allowances; (ix) other financial instruments; (d) the type of transaction, within the following categories, affected by the settlement fail: (i) purchase or sale of financial instruments; (ii) collateral management operations; (iii) securities lending/borrowing operations; (iv) repurchase transactions; (v) other transactions, which can be identified by more granular ISO codes as provided by the CSD; (e) the place of trading and of clearing of the affected financial instruments, where applicable; (f) the type of settlement instruction, within the following categories, affected by the settlement fail: (i) an intra-CSD settlement instruction, where the failing and the receiving parties are both participants in the same securities settlement system; or (ii) a cross-CSD settlement instruction, where the failing and the receiving parties are participants in two different securities settlement systems or one of the participants is a CSD; (g) the type of settlement instruction, within the following categories, affected by the settlement fail: (i) FoP settlement instructions that consist of deliver free of payment (‘DFP’) and receive free of payment (‘RFP’) settlement instructions; (ii) delivery versus payment (‘DVP’) and receive versus payment (‘RVP’) settlement instructions; (iii) delivery with payment (‘DWP’) and receive with payment (‘RWP’) settlement instructions; or (iv) payment free of delivery (‘PFOD’) settlement instructions that consist of debiting payment free of delivery (‘DPFOD’) and crediting payment free of delivery (‘CPFOD’) settlement instructions; (h) the type of securities accounts connected to the settlement fail, including: (i) a participant's own account; (ii) a participant's client individual account; (iii) a participant's client's omnibus account; (i) the currency in which the settlement instructions are denominated. 2.   CSDs shall establish working arrangements with the participants referred to in fields 17 and 18 of Table 1 in Annex I which have the most significant impact on their securities settlement systems and, where applicable, with relevant CCPs and trading venues to analyse the main reasons for the settlement fails.

Reporting settlement fails

Article 14

1.   CSDs shall communicate the information referred to in Annex I to the competent authority and the relevant authorities on a monthly basis and by close of business on the fifth business day of the following month. That information shall include the relevant values in EUR. Any value conversion into EUR shall be carried out using the official exchange rate of the ECB of the last day of the reporting period where that official exchange rate of the ECB is available. CSDs shall report more frequently and provide additional information on settlement fails if so requested by the competent authority. 2.   By 20 January of each year, CSDs shall report to the competent authority and the relevant authorities the information referred to in Annex II, including the measures planned or taken by CSDs and their participants to improve the settlement efficiency of the security settlement systems it operates. CSDs shall regularly monitor the application of the measures referred to in the first subparagraph and shall provide the competent authority and the relevant authorities, upon request, with any relevant findings resulting from such monitoring. 3.   The information referred to in paragraphs 1 and 2 shall be provided in a machine-readable format. 4.   The value of settlement instructions referred to in Annexes I to III shall be calculated as follows: (a) in the case of settlement instructions against payment, the settlement amount of the cash leg; (b) in the case of FoP settlement instructions, the market value of the financial instruments referred to in Article 32(3) or, where not available, the nominal value of the financial instruments.

Public disclosure on settlement fails

Article 15

CSDs shall publish the information set out in Annex III for the securities settlement system it operates on their website for free, including the relevant values in EUR. Any value conversion into EUR shall be carried out using the official exchange rate of the ECB of the last day of the reporting period where that official exchange rate of the ECB is available. The information referred to in the first subparagraph shall be published annually and in a language customary in the sphere of international finance and shall be machine-readable.

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