Amendments to Delegated Regulation (EU) No 876/2013
Article 1
Delegated Regulation (EU) No 876/2013 is amended as follows: (1) in Article 2, the following paragraph 4a is inserted: ‘4a. Competent authorities as referred to in Article 18(2), point (ca), of Regulation (EU) No 648/2012, and central banks of issue as referred to in Article 18(2), point (i), of that Regulation, that wish to participate in the college shall submit a reasoned request to the CCP’s competent authority. The CCP’s competent authority shall, within 20 calendar days of the receipt of the request, either provide the requesting competent authority or central bank with a copy of the written agreement for review and approval, or substantiating in writing why the request has been rejected.’; (2) in Article 3, paragraph 4 is replaced by the following: ‘4. Where an authority has the right to participate in the college under more than one of points (c) to (i) of Article 18(2) of Regulation (EU) No 648/2012, it may nominate additional participants who shall have no voting rights.’; (3) in Article 3, the following paragraph 6 is added: ‘6. By way of derogation from paragraphs 4 and 5, the ECB may nominate two participants with voting rights where it is a member of the college pursuant to both points (c) and (h) of Article 18(2) of Regulation (EU) No 648/2012.’; (4) in Article 4(4), the following subparagraphs are added: ‘For the purposes of point (b), the CCP’s competent authority shall circulate a draft agenda for each meeting of the college, other than for meetings called in emergency situations, well in advance of each meeting, in order to enable the members of the college to contribute to the setting of the agenda, in particular by adding points to the agenda. The agenda shall be finalised and distributed by the CCP’s competent authority to college members sufficiently in advance of a meeting of the college. The CCP’s competent authority and other college members shall distribute any information to be considered at a meeting of the college well in advance of the meeting. For the purposes of point (c), the CCP’s competent authority shall distribute the minutes of meetings to college members as soon as practicable following the meetings and give them sufficient time to comment.’; (5) in Article 4(5), the following subparagraph is added: ‘College members may request that the CCP’s competent authority holds a meeting of the college. The CCP’s competent authority shall duly provide reasons for any rejection of such request.’; (6) in Article 4, the following paragraph 8 is added: ‘8. The college may vote by written procedure where proposed by the CCP’s competent authority or at the request of a college member.’; (7) Article 5(2) is amended as follows: (a) the introductory sentence is replaced by the following: ‘The CCP’s competent authority shall at least provide the following information to the college members;’; (b) the following points are added: ‘(r) changes in any outsourcing arrangements of the CCP for major activities linked to risk management; (s) changes in the participation requirements, clearing membership models and account segregation models of the CCP; (t) changes in the default procedures of the CCP, and reports on the test of the CCP’s default procedures conducted by the CCP in accordance with Article 49(2) of Regulation (EU) No 648/2012; (u) changes in the payment and settlement arrangements of the CCP.’; (8) in Article 5, the following paragraph 6 is added: ‘6. College members shall exchange confidential information by secure means of communication and on an equal basis.’; (9) the following Article 5a is inserted: ‘Article 5a College input on review and evaluation 1. The information referred to in Article 21(4) of Regulation (EU) No 648/2012 shall be submitted to the college members in time for them to review and discuss that information before the next college meeting. 2. College members may raise any point of interest or of concern they may have with regard to the review or evaluation by the CCP’s competent authority referred to in Article 21 of Regulation (EU) No 648/2012. The CCP’s competent authority shall take such points of interest or of concern into account to the extent possible and shall inform the college member who raised them how they were taken into account.’.