Report · ESMA · 19 Dec 2014
The European Securities and Markets Authority (ESMA) issued this final report to submit draft Implementing Technical Standards to the European Commission for endorsement, specifying the main indices and recognised exchanges eligible under the Capital Requirements Regulation. The document establishes criteria for identifying main equity and convertible bond indices based on liquidity thresholds and defines recognised exchanges as regulated markets within the European Economic Area that provide adequate margining protections. ESMA expanded the list of eligible indices in response to stakeholder feedback while maintaining the exclusion of non-EEA exchanges to comply with the regulatory mandate.
19 December 2014 | ESMA/2014/1571
Final Report
On draft Implementing Technical Standards on main indices and recognised exchanges under the Capital Requirements Regulation
Table of Contents
1 Executive Summary.........................................................................................................3
2 Background.....................................................................................................................4
3 Main indices ....................................................................................................................4
4 Recognised exchanges ...................................................................................................4
5 Cost benefit analysis .......................................................................................................5
6 Update ............................................................................................................................5
7 Annexes ..........................................................................................................................6
7.1 Annex I.....................................................................................................................6
7.2 Annex II....................................................................................................................7
7.3 Annex III.................................................................................................................11
ANNEX I...............................................................................................................................14
MAIN INDICES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU) NO 575/2013 .14
Table 1 .................................................................................................................................14
Equity indices .......................................................................................................................14
Table 2 .................................................................................................................................15
Convertible bond indices ......................................................................................................15
ANNEX II..............................................................................................................................17
RECOGNISED EXCHANGES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU)
NO 575/2013........................................................................................................................17
Table 1 .................................................................................................................................17
Regulated markets having a clearing mechanism in accordance with point 72 of Article 4(1) of Regulation (EU) No 575/2013 and on which contracts listed in Annex II of Regulation (EU)
No 575/2013 are not traded..................................................................................................17
Table 2 .................................................................................................................................19
Regulated markets having a clearing mechanism on which contracts listed in Annex II of Regulation (EU) No 575/2013 are traded and subject to daily margin requirements which provide appropriate protection in the opinion of competent authorities in accordance with
point 72 of Article 4(1) of Regulation (EU) No 575/2013 .......................................................19
Glossary
CP Consultation Paper ESMA/2014/1188 of 29 September on draft Implementing Technical Standards on main indices and recognised exchanges under the Capital Requirements Regulation CRR Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 EMIR European Market Infrastructures Regulation – Regulation (EU) 648/2012 of the European Parliament and Council on OTC derivatives, central counterparties and trade repositories ESMA European Securities and Markets Authority ITS Implementing Technical Standards MiFID Markets in Financial Instruments Directive – Directive 2004/39/EC of the European Parliament and the Council
1 Executive Summary
Reasons for publication
Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (CRR) requires ESMA to develop draft implementing technical standards (ITS) on main indices and recognised exchanges. In this context, ESMA consulted stakeholders through a consultation paper, published on 29 September 2014, that included a first version of the draft ITS. This consultation paper included proposed criteria for determining main indices and recognised exchanges, and proposed lists of each. This report includes as Annex III the final version of the draft ITS that are submitted to the European Commission for endorsement. Contents For each of the main indices and recognised exchanges, this final report summarises the original proposals on which ESMA consulted and the feedback received, and explains the reasons for reflecting or not stakeholders’ comments on the draft ITS. Overall, the structure of the ITS is retained, but there are additions to the list of main indices contained in the ITS in response to stakeholder proposals. Next Steps This final report is submitted to the European Commission for endorsement of the draft ITS. From the date of submission the European Commission should take the decision on whether to endorse the ITS within three months.
2 Background
1 Consultation Paper ESMA/2014/1188 of 29 September on draft Implementing Technical Standards on main indices and recognised exchanges under the Capital Requirements Regulation
2 Pls. refer to the Feedback Statement in Annex II, para. 20 of this Report. 3 SEC/2011/0952 final, 20 July 2011, eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52011SC0952&from=EN
7 Annexes
7.1 Annex I
Legislative mandate to develop technical standards Paragraph 8 of Article 197 of the Capital Requirements Regulation (Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012) “8. ESMA shall develop draft implementing technical standards to specify the following:
(a) the main indices referred to in point (f) of paragraph 1 of this Article, in point (a) of Article 198(1), in Article 224(1) and (4), and in point (e) of Article 299(2); (b) the recognised exchanges referred to in point (a) of paragraph 4 of this Article, in point (a) of Article 198(1), in Article 224(1) and (4), in point (e) of Article 299(2), in point (k) of Article 400(2), in point (e) of
Article 416(3), in point (c) of Article 428(1), and in point 12 of Annex
III in accordance with the conditions laid down in point (72) of Article 4(1). ESMA shall submit those draft implementing technical standards to the Commission by 31 December 2014.”
7.2 Annex II
Feedback on the Consultation Paper
Main indices
Federal Register; Vol. 78; No 198; October 11, 2013; Rules and Regulation:
http://www.federalreserve.gov/reportforms/formsreview/BaselIII_20131011_ffr.pdf. See page 62165
JC/CP/2014/13, 14 April 2014, http://www.esma.europa.eu/system/files/jc_cp_2014_03_cp_on_risk_mitigation_for_otc_derivatives.pdf
Q4: Do you believe that for equities the list should include both those that meet the absolute test and those that meet the relative test? If not which test do you think should be used?
15. All respondents believed that indices that met either the absolute or relative approach
should be included so as to include the widest range of potential collateral.
16. ESMA’s response: ESMA has used both criteria to populate the list in the ITS.
Q5: Do you agree with the list of indices in the Annex? If you believe there should be additions please provide details, say what criteria they meet, and provide evidence in support.
17. None of the respondents proposed that any indices should be removed from the list of
indices. A significant majority wanted the list to be wider, so that European banks had access to an adequate pool of appropriate collateral. All of those respondents made specific proposals for additional indices, some of them providing supporting evidence.
18. ESMA’s response: We have checked the evidence supplied and have accordingly
added 20 indices that meet the criteria.
Recognised exchanges
19. In the consultation paper ESMA proposed two lists of recognised exchanges, one
encompassing regulated markets and one encompassing regulated markets where certain derivative contracts are subject to daily margining requirements providing appropriate protection in the opinion of supervisory authorities. We have asked the following two questions about our proposals:
Q6: Do you agree with ESMA’s approach on how to specify recognised exchanges? Please give reasons for your answer Q7: Do you agree with the concrete list of recognised exchanges as proposed?
20. A significant number of respondents objected to the exclusion of non-EEA exchanges
from the concept of recognised exchanges.
21. One respondent asked for the ITS to mention that the list of recognised exchanges
will be reviewed if and when an equivalence decision will be taken.
22. Another respondent asked for the ITS and the table to include a reference to the
market operator as well as to the market itself to avoid creating an uneven playing field between different types of exchange models operating in the Union.
23. Other respondents mentioned the need to ensure flexibility of the list so that it would
be easy to amend and asked for grandfathering for instruments that are listed on an exchange currently eligible under the CRD.
7.3 Annex III
Draft Implementing Technical Standards
COMMISSION IMPLEMENTING REGULATION (EU) No …/... of […] laying down implementing technical standards with regard to main indices and recognised exchanges according to Regulation (EU) No 575/2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 575/2013 of 26 June 2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/20126 and in particular Article 197(8) thereof, Whereas:
(1) Regulation (EU) No 575/2013 states that equities or convertible bonds included in a main index can be used by credit institutions and investment firms as eligible collateral. Therefore, the equity indices listed in this Regulation should be ones that mainly consist of securities that can reasonably be expected to be realisable when a credit institution or investment firm needs to liquidate its collateral. This should be the case when at least 90% of the components of an index have a free float of at least EUR 500 000 000 or, in the absence of information about free float, a market capitalisation of at least EUR 1 000. (2) Furthermore it should be possible for institutions to use as collateral instruments that are liquid relative to the markets in which they are operating and meet a minimum level of liquidity. Therefore equity indices listed in this Regulation should also include an index if it includes no more than half of the total number of companies whose shares are traded on the market on which the indices are based, if the average daily turnover is at least EUR 100 000, and if it also meets two of the following three criteria: the total market capitalisation of the index should be at least 40% of the market capitalisation of all the companies whose shares are traded on that market; the total turnover of trading in the components of the index should be at least 40% of the total turnover of all equity trading on that market; and the index serves as an underlying for derivatives products. (3) Convertible bond indices should be included in this Regulation only if the constituent bonds can be converted into equities that themselves meet the first liquidity test for equities mentioned above. (4) If there are two indices that meet the criteria for inclusion in this Regulation and one is a subset of the other, for simplicity only the broader one should be included.
6 OJ L 176, 27.6.2013, p. 1
(5) The Regulation (EU) No 575/2013 states that debt securities issued by certain institutions, not having a credit assessment by an ECAI can be used as eligible collateral if they fulfil a number of conditions, one of them being that they are listed on a recognised exchange. (6) Under Directive 2010/76/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies7 each national competent authority could decide which venue they would recognise as exchanges. (7) The first condition to be met for an exchange to be a recognised exchange in Regulation (EU) No 575/2013 is being a regulated market, which is a term defined by Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2014 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC8 . (8) The second condition to be met for an exchange to be a “recognised exchange” is having a clearing mechanism. All regulated markets, trading financial instruments not listed in Annex II of the CRR, should be deemed fulfilling this second condition by virtue of being licensed as a regulated market under MiFID and by already having to have rules and procedures for the clearing and settlement of transactions in place under MiFID. (9) The third condition to be met for an exchange to be considered a recognised exchange, in the case where it trades financial instruments listed in Annex II of Regulation (EU) No 575/2013, is that it operates margining requirements which provide appropriate protection in the opinion of the relevant competent authority. (10) The requirements described in Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (9 ) are deemed indispensable to meet the requirements of Regulation (EU) No 575/2013. In addition, those margin requirements have to apply on a daily basis. For those rare derivatives exchanges which are not served by CCPs, the margining rules laid down in Regulation (EU) No 648/2012 should be used as the benchmark for assessing the appropriateness of margining requirements. (11) The updating of the lists of main indices and recognised exchanges would constitute a revision of this Regulation; therefore it should be carried out in accordance with the process described in Regulation (EU) No 575/2013 and
Article 15 of Regulation (EU) No 1095/2010 establishing a European Supervisory
Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (10). (12) This Regulation is based on the draft implementing technical standards submitted by the European Supervisory Authority (European Securities and Markets Authority) (ESMA) to the Commission. (13) In accordance with Article 15 of Regulation (EU) No 1095/2010, in developing the draft implementing technical standards on which this Regulation is based, ESMA has conducted an open public consultation, analysed the potential related costs
7 OJ L 329, 14/12/2010, p. 3.
8 OJ L 145, 30.04.2004, p. 1.
9 OL L 201, 27.07.2012, p. 1.
10 OJ L 331, 15/12/2010, p. 84.
and benefits and requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of that Regulation, HAS ADOPTED THIS REGULATION:
Article 1
Main indices
The main indices for the purposes of Article 197(8)(a) of Regulation (EU) No 575/2013 are specified in Annex I.
Article 2
Recognised exchanges
The recognised exchanges for the purposes of Article 197(8)(b) of Regulation (EU) No 575/2013 are specified in Annex II.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission The President On behalf of the President [Position]
ANNEX I
MAIN INDICES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU) NO 575/2013
Table 1
Equity indices
Index Country/ Area
STOXX Asia/Pacific 600 Asia/Pacific
ASX100 Australia
ATX Prime11 Austria
BEL20 Belgium
IBOVESPA Brazil
TSX60 Canada
CETOP20 Index Central Europe
CNX 100 Index China
Hang Seng Mainland 100 Index
(China) China
NYSE ARCA China Index China
PX Prague Czech Republic
OMX Copenhagen 20 Denmark
FTSE RAFI Emerging Markets Emerging Markets
MSCI Emerging Markets 50 Emerging Markets
FTSE Europe Index Europe
STOXX Europe 600 Europe
MSCI AC Europe & Middle East Europe and Middle East OMXH25 Finland SBF12012 France S&P BMI France France HDAX13 Germany FTSE All World Index Global MSCI ACWI Global FT ASE Large Cap Greece Hang Seng Hong Kong
11 Includes the ATX
12 Includes the CAC40, CAC Next 20, and CAC Mid Cap 13 Includes the DAX and MDAX
NIFTY India
ISEQ 20 Ireland
FTSE MIB Italy
Nikkei225 Japan
TOPIX 400 Japan
S&P Latin America 40 Latin America
FTSE Bursa Malaysia KLCI
Index Malaysia
Mexico Bolsa Index Mexico
AEX Netherlands
NZSE10 New Zealand
OBX Norway
WIG20 Poland
PSI 20 Portugal
MSCI Russia Index Russia
Russian Traded Index Russia
FTSE Straits Times Index Singapore
FTSE JSE Top 40 South Africa
INDI 25 Index South Africa
KOSPI 100 South Korea
IBEX35 Spain
OMXS60 Sweden
OMXSB Sweden
SMI Expanded Index Switzerland
TSEC Taiwan 50 Taiwan
FTSE 35014 UK
NASDAQ100 USA
S&P 500 USA
Table 2
Convertible bond indices
Exane ECI-Europe Europe
Jefferies JACI Global Global
14 Includes the FTSE 100
Thomson Reuters Global
Convertible Global
ANNEX II
RECOGNISED EXCHANGES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU) NO 575/2013
Table 1
Regulated markets having a clearing mechanism in accordance with point 72 of Article 4(1) of Regulation (EU) No 575/2013 and on which contracts listed in Annex II of Regulation (EU) No 575/2013 are not traded Regulated market MIC EURONEXT PARIS XPAR BOERSE BERLIN (REGULIERTER MARKT) BERA BOERSE BERLIN (BERLIN SECOND REGULATED MARKET) BERC BOERSE DUESSELDORF (REGULIERTER MARKT) DUSA BOERSE DUESSELDORF - QUOTRIX (REGULIERTER MARKT) DUSC BOERSE BERLIN EQUIDUCT TRADING (REGULIERTER MARKT) EQTA BOERSE BERLIN EQUIDUCT TRADING (BERLIN SECOND REGULATED MARKET) EQTB HANSEATISCHE WERTPAPIERBOERSE HAMBURG (REGULIERTER MARKT) HAMA NIEDERSAECHSISCHE BOERSE ZU HANNOVER (REGULIERTER MARKT) HANA BOERSE MUENCHEN (REGULIERTER MARKT) MUNA BOERSE MUENCHEN - MARKET MAKER MUNICH (REGULIERTER MARKT) MUNC BADEN-WUERTTEMBERGISCHE WERTPAPIERBOERSE (REGULIERTER MARKT) STUA FRANKFURTER WERTPAPIERBOERSE (REGULIERTER MARKT) FRAA TRADEGATE EXCHANGE (REGULIERTER MARKT) XGRM IRISH STOCK EXCHANGE - MAIN SECURITIES MARKET XDUB EURONEXT LISBON XLIS BOLSA DE BARCELONA XBAR, XMCE, BOLSA DE BILBAO XBIL, XMCE BOLSA DE MADRID XMAD, XMCE, MERF BOLSA DE VALENCIA XVAL, XMCE BONDVISION MARKET BOND ELECTRONIC OPEN-END FUNDS AND ETC MARKET ETFP MARKET FOR INVESTMENT VEHICLES (MIV) MIVX ELECTRONIC BOND MARKET MOTX ELECTRONIC SHARE MARKET MTAA
MTS GOVERNMENT MARKET MTSC
MTS CORPORATE MARKET MTSM
SECURITISED DERIVATIVES MARKET SEDX
MERCADO DE DEUDA PUBLICA EN ANOTACIONES XDPA
AIAF - MERCADO DE RENTA FIJA XDRF, SEND
BOURSE DE LUXEMBOURG XLUX
CYPRUS STOCK EXCHANGE XCYS
SPOT REGULATED MARKET - BMFMS SBMF
SPOT REGULATED MARKET - BVB XBSE
RM-SYSTEM XRMZ
PRAGUE STOCK EXCHANGE XPRA
BATS EUROPE REGULATED MARKET BATE, CHIX
ISDX MAIN BOARD ISDX
EURONEXT LONDON XLDN
LONDON STOCK EXCHANGE - REGULATED MARKET XLON NASDAQ OMX RIGA XRIS GXG OFFICIAL LIST GXGR NASDAQ OMX STOCKHOLM AB XSTO NORDIC GROWTH MARKET NGM AB XNGM NASDAQ OMX COPENHAGEN A/S XCSE OSLO AXESS XOAS OSLO BØRS ASA XOSL NASDAQ OMX TALLINN XTAL NASDAQ OMX HELSINKI (ARVOPAPERIPÖRSSI) XHEL VIENNA STOCKEXCHANGE OFFICIAL MARKET (AMTLICHER HANDEL) WBAH VIENNA STOCKEXCHANGE SECOND REGULATED MARKET (GEREGELTER FREIVERKEHR) WBGF NASDAQ OMX ICELAND HF XICE BUDAPEST STOCK EXCHANGE XBUD BRATISLAVA STOCK EXCHANGE XBRA AB NASDAQ OMX VILNIUS XLIT EURONEXT BRUSSELS XBRU ZAGREB STOCK EXCHANGE XZAG ELECTRONIC SECONDARY SECURITIES MARKET HDAT ATHENS EXCHANGE SECURITIES MARKET XATH
AB NASDAQ OMX VILNIUS XLIT
EURONEXT AMSTERDAM XAMS
BONDSPOT SECURITIES MARKET RPWC
WARSAW STOCK EXCHANGE/BONDS/CATALYST/MAIN MARKET WBON WARSAW STOCK EXCHANGE/ETPS WETP WARSAW STOCK EXCHANGE/EQUITIES/MAIN MARKET XWAR LJUBLJANA STOCK EXCHANGE OFFICIAL MARKET XLJU
Table 2
Regulated markets having a clearing mechanism on which contracts listed in Annex II of Regulation (EU) No 575/2013 are traded and subject to daily margin requirements which provide appropriate protection in the opinion of competent authorities in accordance with point 72 of Article 4(1) of Regulation (EU) No 575/2013 Regulated market MIC MATIF XMAT MONEP XMON POWERNEXT DERIVATIVES XPOW EUROPEAN ENERGY EXCHANGE XEEE EUREX DEUTSCHLAND XEUR MERCADO DE FUTUROS E OPCOES MFOX MERCADO REGULAMENTADO DE DERIVADOS DO MIBEL OMIP MEFF EXCHANGE XMRV, XMPW MERCADO DE FUTUROS DE ACEITE DE OLIVA - S.A XSRM DERIVATIVES REGULATED MARKET - BMFMS BMFM DERIVATIVES REGULATED MARKET - BVB XBSD POWER EXCHANGE CENTRAL EUROPE XPXE CME EUROPE LIMITED CMED INTERCONTINENTAL EXCHANGE - ICE FUTURES EUROPE IFEU ICE FUTURES EUROPE - FINANCIAL PRODUCTS DIVISION IFLL ICE FUTURES EUROPE - EQUITY PRODUCTS DIVISION IFLO ICE FUTURES EUROPE - AGRICULTURAL PRODUCTS DIVISION IFLX THE LONDON INTERNATIONAL FINANCIAL FUTURES AND OPTIONS EXCHANGES (LIFFE) XLIF THE LONDON METAL EXCHANGE XLME LONDON STOCK EXCHANGE DERIVATIVES MARKET XLOD ITALIAN DERIVATIVES MARKET XDMI NASDAQ OMX STOCKHOLM AB XSTO FISH POOL ASA FISH
NASDAQ OMX OSLO ASA NORX
OSLO BØRS ASA XOSL
EURONEXT BRUSSELS DERIVATIVES XBRD
ATHENS EXCHANGE DERIVATIVES MARKET XADE
VIENNA STOCKEXCHANGE OFFICIAL MARKET (AMTLICHER HANDEL) WBAH BUDAPEST STOCK EXCHANGE XBUD EUROPEAN ENERGY DERIVATIVES EXCHANGE N.V. NDEX EURONEXT EQF - EQUITIES AND INDICES DERIVATIVES XEUE WARSAW STOCK EXCHANGE/FINANCIAL DERIVATIVES WDER
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The documents this one cites, and the documents that cite it.
“Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (CRR) requires ESMA to develop draft…”
“Under Directive 2010/76/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory…”
“The requirements described in Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (9 ) are deemed indispensable to meet the requirements…”
“In accordance with Article 15 of Regulation (EU) No 1095/2010, in developing the draft implementing technical standards on which this Regulation is based, ESMA has conducted an open public consultation, analysed the potential related costs…”
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