In this act Article 2 of 7

Article 2 — Comparable compliance with respect to Article 16 of Regulation (EU) No 648/2012

Financial servicesLevel 2Delegated RegulationEMIRIn forceOfficial source

1.ESMA shall grant comparable compliance with respect to Article 16(1) of Regulation (EU) No 648/2012 where a Tier 2 CCP’s capital, including retained earnings and reserves, has a permanent and available initial capital which corresponds to at least EUR 7,5 million.

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2(2)

2.ESMA shall grant comparable compliance with respect to Article 16(2) of Regulation (EU) No 648/2012 where a Tier 2 CCP’s capital, including retained earnings and reserves, is at all times higher than or equal to the sum of:

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2(2)(a)

(a)the CCP’s capital requirements for winding down or restructuring its activities;

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2(2)(b)

(b)the CCP’s capital requirements for operational and legal risks;

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2(2)(c)

(c)the CCP’s capital requirements for credit, counterparty and market risks that are not already covered by the specific financial resources referred to in Articles 41 to 44 of Regulation (EU) No 648/2012 or comparable specific financial resources required by the CCP’s home jurisdiction’s legal order;

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2(2)(d)

(d)the CCP’s capital requirements for business risk.

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For the purposes of the first subparagraph, ESMA shall calculate the capital requirements in accordance with the specific capital requirements set out in the applicable third-country framework, or, where that framework does not provide for any of those capital requirements, in accordance with the relevant requirements set out in Articles 2 to 5 of Commission Delegated Regulation (EU) No 152/2013.