On April 7, 2021, ISDA and FIA submitted a joint response to the European Commission (EC)’s consultation on the draft delegated act and accompanying annex to specify the conditions under which the commercial terms for clearing services for over-the-counter derivatives are considered to be fair, reasonable, non-discriminatory and transparent (FRANDT). In the response, the associations thank the EC for the pragmatic changes and refinements they have made in a number of important areas of FRANDT, which will make the rules more proportionate. A number of critical issues are highlighted that should be considered before the FRANDT rules are finalized. These include questions on territorial scope, application of FRANDT to new/prospective clients only, the implementation period, proposed requirements on the refusal of clearing orders, and suspension, liquidation or close out of client positions and notice periods.