Find
30 Nov 2021

Eurex Clearing

Amendments to the Clearing Conditions of Eurex Clearing AG – End of Consultation

Eurex Clearing Circular 107/21 Amendments to the Clearing Conditions of Eurex Clearing AG – End of Consultation

1. Introduction

As announced and further explained in Eurex Clearing circular 093/21, Eurex Clearing AG (Eurex Clearing) proposed the following changes and amendments to the Clearing Conditions of Eurex Clearing AG (Clearing Conditions) with respect to the following topic and conducted a Consultation under the Clearing Conditions: 

  • Inclusion of the requirements for proof of own fund requirements for entities subject to Directive (EU) 2019/2034 (IFD) and the Regulation (EU) 2019/2033 (IFR)

The Consultation ended with the expiry of 26 November 2021.

Eurex Clearing has received comments that led to further amendments to the Clearing Conditions. Eurex Clearing implemented such additional amendments to the Clearing Conditions in the same document which was published as Attachment 1 of Eurex Clearing circular 093/21. A new version of such document is attached to this circular as Attachment 1. For your convenience, Eurex Clearing further attached an additional document outlining the additional amendments implemented due to the comments Eurex Clearing received during the Consultation (Attachment 2). 

Eurex Clearing has not received any requests for the application of a Prolonged Notification Period.

Therefore, the changes and amendments as notified in Eurex Clearing circular 093/21 in combination with this Eurex Clearing circular will come into effect on 3 January 2022.

2. Required action

Clearing Members, Basic Clearing Members and Disclosed Direct Clients of Eurex Clearing AG should take the amendments to the Clearing Conditions and Default Management Auction Rules into account.

3. Details

As of the effective date, the full version of the amended documents will be available for download on the Eurex Clearing website under the following link: 

Rules & Regs > Rules and Regulations > Clearing Conditions 

The amendments to the legal framework of Eurex Clearing AG published by this circular are deemed accepted by each affected contractual party of Eurex Clearing AG, unless the respective contractual party objects by written notice to Eurex Clearing AG within the first 10 Business Days after publication. Any ordinary right of Eurex Clearing AG to terminate the respective contract (including a Clearing Agreement, if applicable) shall remain unaffected.

Unless the context requires otherwise, terms used and not otherwise defined in this circular shall have the meaning ascribed to them in the Clearing Conditions or FCM Clearing Conditions of Eurex Clearing AG, as applicable.

Attachments:

  • 1 – Attachment 1 to Eurex Clearing circular 093/21 plus additional comments that were received during the Consultation
  • 2 – Additional comments received during the Consultation only

Further information

Recipients:

All Clearing Members, Basic Clearing Members, Disclosed Direct Clients of Eurex Clearing AG and vendors

Target groups:

Front Office/Trading, Middle + Back Office, IT/System Administration, Auditing/Security Coordination

Related circular:

Eurex Clearing circular 093/21

Contact:

client.services@eurex.com

Web:

www.eurex.com/ec-en/

Authorized by:

Jens Janka