Requirements for the contractual arrangements, policies and procedures and the IT connectivity
Counterparties subject to the obligation set out in Article 7a(3), point (a), of Regulation (EU) No 648/2012 shall demonstrate to their competent authorities that they have in place:
(a)
a contractual arrangement, detailing how an active account with an authorised CCP can be accessed and used, including in relation to cash and collateral accounts, either directly, through a clearing member or through a client providing client clearing services in the categories of derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012;
(b)
internal policies and procedures pertaining to the contractual arrangements referred to in point (a);
(c)
an IT environment sufficient to connect to the active account either directly with an authorised CCP, or through a clearing member or a client providing client clearing services and withstand the volumes mandated by that Regulation.
Requirements for the operational capacity of the counterparty to support a large increase in clearing activity and a large flow of transactions in a short period of time
1. Counterparties subject to the obligation set out in Article 7a(3), point (b), of Regulation (EU) No 648/2012 shall demonstrate to their competent authorities that they have:
(a)
internal systems that monitor the counterparty’s exposures;
(b)
internal arrangements to support a large flow of transactions from positions held in a clearing service of substantial systemic importance pursuant to Article 25(2c) of Regulation (EU) No 648/2012 under different scenarios assessing any potential legal and operational barriers that would prevent those positions from being transferred;
(c)
the necessary human resources to support the proper functioning of the clearing arrangements at all times, including where the account has to support:
(i)
a large shift in positions from a clearing service of substantial systemic importance pursuant to Article 25(2c) of Regulation (EU) No 648/2012;
(ii)
a large inflow of new trades in the derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012;
(d)
a written statement from either the CCP, the clearing member or the client clearing services provider, confirming that the CCP has the operational capacity to clear either of the following:
(i)
three times the gross notional value cleared by the CCP across all clearing members for the previous 12 months in the derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012;
(ii)
the sum of the total gross notional value cleared by the CCP and by CCPs with a substantially systemically important clearing service identified pursuant to Article 25(2c) of Regulation (EU) No 648/2012 across all clearing members for the previous 12 months, in the derivative contracts referred to in Article 7a(6) of that Regulation;
(e)
a written statement from the counterparty confirming that the counterparty itself or its clearing service provider has the operational capacity to clear either of the following:
(i)
three times the gross notional value cleared in the account by the counterparty for the previous 12 months in the derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012;
(ii)
the total gross notional value cleared by the counterparty for the previous 12 months in the derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012.
2. The written statements referred to in paragraph 1, points (d) and (e), shall confirm that the increase of clearing activity can take place within one month.
3. The requirement of written form laid down in paragraph 1, points (d) and (e) may be fulfilled by an appropriate electronic document with a qualified electronic signature.
Stress-testing of the operational conditions of the active account
The stress testing referred to in Article 7a(4), fourth subparagraph of Regulation (EU) No 648/2012 shall consist of technical and functional tests that verify the operational capacity and the functioning of the IT connectivity with the CCP, directly or indirectly, with the clearing member or client providing client clearing services in accordance with Article 1.
Those technical and functional tests shall demonstrate to the competent authority that the account of the counterparty can withstand a substantial increase in clearing activity as referred to in Article 2(1), points (d) and (e).
The tests shall take place annually.
