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Document 32025R1493
Commission Delegated Regulation (EU) 2025/1493 of 11 June 2025 amending Commission Delegated Regulation (EU) No 876/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards changes to the functioning and management of colleges for central counterparties
Commission Delegated Regulation (EU) 2025/1493 of 11 June 2025 amending Commission Delegated Regulation (EU) No 876/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards changes to the functioning and management of colleges for central counterparties
Commission Delegated Regulation (EU) 2025/1493 of 11 June 2025 amending Commission Delegated Regulation (EU) No 876/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards changes to the functioning and management of colleges for central counterparties
C/2025/3626
OJ L, 2025/1493, , ELI: http://data.europa.eu/eli/reg_del/2025/1493/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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Official Journal |
EN L series |
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2025/1493 |
25.9.2025 |
COMMISSION DELEGATED REGULATION (EU) 2025/1493
of 11 June 2025
amending Commission Delegated Regulation (EU) No 876/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards changes to the functioning and management of colleges for central counterparties
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 18(6) thereof,
Whereas:
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(1) |
Regulation (EU) 2024/2987 of the European Parliament and of the Council (2) introduced into Regulation (EU) No 648/2012 changes to the functioning and management of CCP colleges. In particular, a new co-chair has been introduced, in addition to the CCP’s competent authority, as being any of the independent members of the CCP Supervisory Committee. It is therefore necessary to reflect those changes in Commission Delegated Regulation (EU) No 876/2013 (3). |
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(2) |
Without prejudice to the ultimate responsibility of the CCP’s competent authority and to further enhance supervisory convergence and the consistent functioning of all CCP colleges, the European Securities and Markets Authority (ESMA) should coordinate the functioning of the colleges and should ensure that each college performs its tasks and achieves its objectives in accordance with Regulation (EU) No 648/2012. To that aim, and with the objective of converging supervisory best practices, the co-chairs of the CCP college should discuss the implementation of the annual supervisory priorities referred to in Article 24a(7), point (ba), of Regulation (EU) No 648/2012. |
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(3) |
In light of the amendments to Regulation (EU) No 648/2012, the non-exhaustive list of information items to be shared with the college should be updated. |
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(4) |
To allow for an efficient and timely flow of information between members of the college, the CCP’s competent authority and members of the college should circulate information through the central database provided by Article 17c of Regulation (EU) No 648/2012. |
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(5) |
Delegated Regulation (EU) No 876/2013 should therefore be amended accordingly. |
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(6) |
This Regulation is based on draft regulatory technical standards submitted to the Commission by ESMA following consultation of the European System of Central Banks (ESCB). |
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(7) |
Since the amendments are limited in scope and concern only CCP’s national competent authorities without imposing any additional requirements on market participants and to facilitate as soon as possible the adjustment of CCP colleges to the new provisions of Regulation (EU) No 648/2012, in accordance with Article 10(1) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (4), ESMA has considered that it is highly disproportionate to the scope and impact of the regulatory technical standards to conduct a public consultation. However, ESMA has consulted the Securities and Markets Stakeholder Group established in accordance with Article 37 of that Regulation, the relevant CCP’s national competent authorities and the ESCB, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) No 876/2013
Delegated Regulation (EU) No 876/2013 is amended as follows:
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(1) |
Article 2 is amended as follows:
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(2) |
in Article 3 paragraphs 1 and 2 are replaced by the following: ‘1. Where a request for information is made to a college by a competent authority of a Member State which is not a member of the college in accordance with Article 18(3) of Regulation (EU) No 648/2012, the co-chairs, after having consulted the college, shall decide on the most appropriate way to provide and request information to and from the authorities that are not members of the college. 2. Each member of the college shall designate one participant to attend the meetings of the college and may designate one alternate, with the exception of the co-chairs which may require additional participants who shall have no voting rights.’ |
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(3) |
Article 4 is amended as follows:
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(4) |
Article 5 is amended as follows:
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(5) |
Article 5a is deleted. |
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 June 2025.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 201, 27.7.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/648/oj.
(2) Regulation (EU) 2024/2987 of the European Parliament and of the Council of 27 November 2024 amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets (OJ L, 2024/2987, 4.12.2024, ELI: http://data.europa.eu/eli/reg/2024/2987/oj).
(3) Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties (OJ L 244, 13.9.2013, p. 19, ELI: http://data.europa.eu/eli/reg_del/2013/876/oj).
(4) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84, ELI: http://data.europa.eu/eli/reg/2010/1095/oj).
ELI: http://data.europa.eu/eli/reg_del/2025/1493/oj
ISSN 1977-0677 (electronic edition)