AI Summary of Article 24 Emergency situations
Competent or other relevant authorities must notify ESMA, the Article 18 college, relevant ESCB members, the Commission and other authorities without undue delay of CCP emergency situations affecting prudential or financial soundness or resilience of authorised CCPs, their clearing members or clients; intended activation of a recovery plan, early intervention measures or removal of senior management or board under Regulation (EU) 2021/23; or market developments likely to impair liquidity, monetary‑policy transmission, payment systems or financial stability. Information must be updated promptly and may be shared with public financial‑stability bodies subject to professional secrecy under Article 83.
Where emergencies have destabilising cross‑border effects, ESMA shall coordinate competent and resolution authorities and colleges to build a coordinated response. Except where a resolution authority is taking resolution action, the CCP Supervisory Committee Chair may convene, and must convene on request of two members, ad hoc meetings; invited parties include relevant central banks of issue, supervisors of clearing members, trading‑venue and client supervisors, resolution authorities and other college members. The Chair shall inform EBA, EIOPA, the ESRB, the Single Resolution Board and the Commission. ESMA may require information from competent authorities or, if not provided within 48 hours, directly from CCPs, clearing members, clients, connected FMIs and outsourced third parties, and may issue recommendations to competent authorities where multiple authorised CCPs or Union‑wide events destabilise cross‑border cleared markets.
Article 24 Emergency situations
1. The CCP's competent authority or any other relevant authority shall inform ESMA, the college referred to in Article 18, the relevant members of the ESCB, the Commission and other relevant authorities without undue delay of any emergency situation relating to a CCP, including:
(a) situations or events which impact, or are likely to impact, the prudential or financial soundness or the resilience of CCPs authorised in accordance with Article 14, their clearing members or their clients;
(b) where a CCP intends to activate its recovery plan pursuant to Article 9 of Regulation (EU) 2021/23, a competent authority has taken an early intervention measure pursuant to Article 18 of that Regulation or a competent authority has required a total or partial removal of the senior management or board of the CCP pursuant to Article 19 of that Regulation;