Appendix 3: Non-exhaustive list of ESMA Guidelines that are complied with in the UK, excluding those that apply only to FCA-regulated firms

Links to ESMA Guidelines and Recommendations in place as at the end of the transition period are available below. Changes to existing EU Guidelines and Recommendations, and new Guidelines and Recommendations, issued by ESMA after the end of the transition period are not relevant for the purposes of this SoP. The Bank and PRA acknowledge ESMA as the source of these materials.

Central Securities Depositories Regulation (CSDR)

  • Guidelines on participant default rules and procedures under CSDR
  • Guidelines on the Process for the Calculation of the Indicators to Determine the Substantial Importance of a CSD for a Host Member State
  • Guidelines on the Process for the Calculation of the Indicators to Determine the Most Relevant Currencies in which Settlement Takes Place
  • Guidelines on Internalised Settlement Reporting under Article 9 of CSDR
  • Guidelines on Cooperation between Authorities under articles 17 and 23 of CSDR
  • Guidelines on Access by a CSD to the Transaction Feeds of a CCP or of a Trading Venue under CSDR

European Market Infrastructure Regulation (EMIR)

  • Guidelines and Recommendations regarding written agreements between members of CCP colleges
  • Guidelines and Recommendations regarding the implementation of the CPSS-IOSCO Principles for Financial Market Infrastructures in respect of Central Counterparties
  • Guidelines and Recommendations for establishing consistent, efficient and effective assessments of interoperability arrangements
  • Guidelines on CCP conflicts of interest management
  • Guidelines on Anti-procyclicality Margin Measures for Central Counterparties

Markets in Financial Instruments Directive II (MiFID II)

  • Joint ESMA and EBA guidelines on the assessment of suitability of members of the management body and key function holders
  • Guidelines on certain aspects of the MiFID II suitability requirements