AI Summary of Article 21 Review and evaluation
The competent authorities must review a CCP’s arrangements, strategies, processes and mechanisms to ensure compliance with the Regulation, review services and activities (including those following accelerated procedures under Articles 17a or 49a), evaluate financial and operational risks, and review changes made under Article 15a. Reviews shall cover all CCP requirements; competent authorities may request ESMA’s assistance. Frequency and depth of review shall be determined with regard to size, systemic importance, nature, scale, complexity and interconnectedness of the CCP and ESMA supervisory priorities, and updated at least annually.
CCPs are subject to on‑site inspections at least annually; competent authorities must inform ESMA one month in advance unless in an emergency, and ESMA may request to be invited (refusals require a reasoned explanation). Authorities must forward relevant on‑site information to ESMA and the college, submit an annual report by 30 March (subject to college and ESMA opinions), require early remedial action for non‑compliance, and cooperate with ESMA requests or ad hoc meetings in emergencies, where material concerns arise, or where adverse cross‑border impacts may occur. ESMA may require information under Article 35 of Regulation (EU) No 1095/2010 and shall issue guidelines by 2 January 2021 to harmonise the supervisory review and evaluation process.
Article 21 Review and evaluation
1. The competent authorities referred to in Article 22 shall do at least all of the following in relation to a CCP:
(a) review the arrangements, strategies, processes and mechanisms implemented by the CCP to comply with this Regulation;
(b) review the services or activities provided by the CCP, in particular services or activities provided following the application of an accelerated procedure pursuant to Article 17a or 49a;
(c) evaluate the risks, including financial and operational risks, to which the CCP is, or might be, exposed;
(d) review the changes implemented by the CCP in accordance with Article 15a.
2. The review and evaluation referred to in paragraph 1 shall cover all requirements on CCPs laid down in this Regulation. The CCP's competent authority may request ESMA's assistance in any of its supervisory activities including those listed in paragraph 1.