Page 44 - 期货和衍生品行业监管动态（2022年11月）

期货和衍生品行业监管动态

ESMA Proposes Amendment to Simplify Cash Penalties Process for Cleared

Transactions under CSDR (2022/11/21)

The European Securities and Markets Authority (ESMA), the EU’s financial

markets regulator and supervisor, today published a Final Report on amending the

regulatory technical standards (RTS) on the Settlement discipline, to simplify the cash

penalties process by putting the CSDs in charge of collection and distribution,

including for CCP-cleared transactions.

The proposed amendment would remove the CCP-run separate process

established in Article 19 of the RTS for the collection and distribution of cash

penalties for settlement fails on cleared transactions. It would also put the CSDs in

charge of the entire process of collecting and distributing penalties according to

Articles 16, 17 and 18 of the same regulation, establishing a single harmonised
process for all transactions (both cleared and uncleared).

Next steps

This draft RTS will be sent to the European Commission (EC) for endorsement

in the form of a Commission Delegated Regulation. Following its endorsement by the

EC, the Commission Delegated Regulation will then be subject to the non-objection

of the European Parliament and of the Council.

https://www.esma.europa.eu/press-news/esma-news/esma-proposes-amendment-simp

lify-cash-penalties-process-cleared-transactions

31