ESMA publishes final report clarifying scope of CSDR cash penalties
The European Securities and Markets Authority (ESMA) has published a final report providing technical advice to the European Commission on the scope of the settlement discipline regime under the EU Central Securities Depositories Regulation (CSDR) (Regulation (EU) 909/2014), as amended by CSDR Refit. The report identifies specific causes of settlement fails that are not attributable to participants and clarifies which operations are not considered trading. Scenarios that would not trigger cash penalties include technical failures at the central securities depository (CSD) level such as system outages, cyberattacks and network disruptions, full-day trading suspensions of an ISIN on its most liquid market, and the technical creation or redemption of fund units or shares on the primary market, including those related to exchange-traded funds (ETFs). The Commission will consider this advice when preparing a delegated act further specifying the scope of operations and transactions subject to the settlement discipline regime.