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Central Securities Depositories (CSDs)

CSDs are systemically important infrastructures in modern securities markets. They perform crucial services that allow at a minimum the registration, safekeeping, settlement of securities in exchange for cash and efficient processing of securities transactions in financial markets. While securities markets traditionally relied on the physical exchange of paper, CSDs now assume a critical role to guarantee a safe and efficient transfer of securities that exist to a large extent only in book entry form. They have now become a central point of reference for an entire market. Furthermore, being located at the end of the post-trading process, CSDs witness all the settlement fails occurring during the settlement period. They are therefore a key element of any policy of settlement discipline. Given the systemic importance of CSDs and their strategic position at the end of the post-trading process, there is a strong need for an appropriate regulatory framework for CSDs.

The initiative is an important part of the Commission’s agenda to enhance the safety and soundness of the financial system. Together with the Regulation on "OTC derivatives, central counterparties and trade repositories" (EMIR) that entered into force on 16 August 2012 and the Markets in Financial Instruments Directive (MiFID, currently under review), it will form a framework in which systemically important securities infrastructures (trading venues, central counterparties, trade repositories and central securities depositories) are subject to common rules on a European level.

Legislative Proposal

On 7 March 2012, the Commission adopted a proposal for a Regulation on improving securities settlement in the European Union and on central securities depositories (CSDs) and amending Directive 98/26/EC. The Regulation introduces an obligation of dematerialisation for most securities, harmonised settlement periods for most transactions in such securities, settlement discipline measures and common rules for central securities depositories (CSDs). The Commission’s proposal is currently under consideration by the European Parliament and the Council.

Consultation

The Commission invites any interested parties to submit their comments in a public consultation, held from 13.01.2011 to 01.03.2011