On February 8, the European Commission (EC) consulted on the review of the central clearing framework in the EU.
ISDA welcomes the opportunity to thank the Commission for the dialogue-based approach it has taken so far on the topic of the central clearing framework in the EU and also the Commission’s open-mindedness and willingness to listen to and consider industry concerns in their decision making. ISDA encourages the EC to continue along this path and stands ready to discuss these issues with the Commission.
ISDA members do not agree with the Commission’s assessment that the use of tier-two central counterparties (CCPs), including those located in the UK, is a source of unmitigated financial stability risk for the EU, given that the European Market Infrastructure Regulation (EMIR) and EMIR 2.2 are sufficiently robust to ensure safe clearing. In this light, we believe that any measures that force clearing participants (clearing members and their clients) to use certain CCPs will be damaging to the overall derivatives market including the Capital Markets Union, clearing participants and end users, especially those in the EU.
Clearing participants should be free to choose where to clear, based on commercial and risk considerations. EU markets will be the most attractive to investors and market participants where they are open, innovative, dynamic and responsive. It is important that EU derivatives regulation acknowledges the global nature of the derivatives market and seeks to foster open markets with international jurisdictions based on the key principles of deference, as well as supervisory and regulatory cooperation.
We welcome that the Commission has identified positive measures in its consultation paper, that would make clearing in the EU truly more attractive. We ask the Commission to focus on these measures.
We propose that the Commission should consider a wider review how financial regulation in the EU could be aligned and streamlined, for instance in the areas of the Markets in Financial Instruments Directive, the directive on undertakings for collective investments in transferable securities and the link between recognition and the qualifying status in the Capital Requirements Regulation.
Documents (1) for ISDA Responds to EU Commission on Euro Clearing Review
Latest
Steps to a Vibrant Derivatives Market: SOM Remarks
Steps to a Vibrant and Resilient Derivatives Market December 4, 2025 Remarks at the Mediterranean Partnership of Securities Regulators Scott O’Malia ISDA Chief Executive Officer Good afternoon and thank you to the Mediterranean Partnership of Securities Regulators (MPSR) for...
ISDA Response to BoE on Gilt Market Resilience
On November 28, ISDA responded to the Bank of England’s discussion paper on gilt market resilience. ISDA encourages the Bank of England, before introducing any significant policy changes that would affect the functioning of the gilt repo market, to consider...
Addressing Termination Troubles
When Enron announced a shock $618 million loss on October 16, 2001, it took a further 47 days until it filed for bankruptcy. For Bear Stearns, it took 266 days between its bailout of a structured credit fund run by...
ISDA In Review – November 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in November 2025.
