AI Summary of Article 497 Own funds requirements for exposures to CCPs
The EU Regulation (EU) No 648/2012 outlines provisions for recognising third-country Central Counterparties (CCPs) under Article 25. A CCP may be considered a Qualifying Central Counterparty (QCCP) upon submission of its application to ESMA, subject to specific timelines based on the Commission's implementing acts.
If the CCP lacks a default fund and binding arrangements with clearing members regarding margin usage, institutions must adjust their own funds calculations accordingly. In exceptional cases, the Commission may extend the transitional provisions by 12 months, ensuring financial market stability.
Article 497 Own funds requirements for exposures to CCPs
1. Where a third-country CCP applies for recognition in accordance with Article 25 of Regulation (EU) No 648/2012, institutions may consider that CCP as a QCCP from the date on which it submitted its application for recognition to ESMA and until one of the following dates:
(a) where the Commission has already adopted an implementing act referred to in Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established and that implementing act has entered into force, two years after the date of submission of the application;
(b) where the Commission has not yet adopted an implementing act referred to in Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established or where that implementing act has not yet entered into force, the earlier of the following dates:
(i) two years after the date of entry into force of the implementing act;