ESMA consults on guarantees as CCP collateral and investment policy standards following EMIR 3 review
The European Securities and Markets Authority (ESMA) has launched a public consultation on draft regulatory technical standards (RTS) amending Commission Delegated Regulation 153/2013, following the review of the European Market Infrastructure Regulation (EMIR 3). The consultation seeks views on conditions for central counterparties (CCPs) to accept public guarantees, public bank guarantees and commercial bank guarantees as collateral, conditions for debt instruments as eligible financial instruments for CCP investment policy, and highly secured arrangements for emission allowances posted as margins or default fund contributions. EMIR 3 permanently broadens the types of guarantees acceptable as eligible collateral and extends scope to clients of CCPs that are non-financial counterparties. The consultation closes on 30 April 2026, with ESMA expected to submit final draft RTS to the European Commission by end-2026.