Secretariat to the Financial Stability Board Bank for International Settlements Centralbahnplatz 2 CH-4002 Basel Switzerland Your ref Our ref Date EBACL 170169 8 February 2017 Classification: Public Re. Consultation on Guidance on Continuity of Access to FMIs for a Firm in Resolution Dear Madam, Dear Sir, EBA CLEARING welcomes the opportunity provided by the Financial Stability Board to reply to the consultative report on Guidance on Continuity of Access to FMIs for a Firm in Resolution. EBA CLEARING generally supports the guidance, the definitions and the structure of addressing guidance to both FMIs, FMI Participants (Firms) and the relevant authorities. EBA CLEARING below provides comments to a small number of the described arrangements. Section 1 EBA CLEARING, as provider of pan-European payment infrastructure solutions, fully supports the idea that the FMI’s rules and contracts should be generally applicable and should not discriminate between domestic and foreign FMI participants. EBA CLEARING further supports the notion that FMIs should retain the ability to terminate, suspend or restrict participation where the Firm in Resolution fails to meet its obligations under the rules of the system, or where the safe and orderly operations could be compromised. In EBA CLEARING’s view entry into resolution is not a reason for automated termination or suspension. EBA CLEARING would support additional guidance on the channels for information sharing - which may be time critical - between FMIs and the relevant authorities, in the lead up-to, at the time of entry into, and during, resolution. ABE CLEARING S.A.S. À CAPITAL VARIABLE CAPITAL AUTORISÉ: 100.000 € TEL: +33 (0) 1 53 67 07 00 40 RUE DE COURCELLES RCS PARIS 419 020 193
[email protected] F-75008 PARIS No TVA: FR 52419020193 www.ebaclearing.eu One particular comment relates to section 1.4 which requires FMIs to regularly test the effectiveness of rules, arrangements etc.