Draft Report Published by ECON-AFCO on Decision to Increase Regulatory Power for ECB Over Clearing Systems


The European Parliament’s Economic and Monetary Affairs Committee (“ECON“) and Committee on Constitutional Affairs (“AFCO“) have published a joint draft report on a decision to amend article 22 of the Statute of the European System of Central Banks and of the European Central Bank (“ECB“).

The decision relates to an ECB recommendation for a decision made in June 2017, where it sought a greater role in the regulation of clearing systems for financial instruments, including central counterparties (“CCPs“) by amending article 22 of the statute. This amendment would allow the Eurosystem (i.e. the ECB and the national central banks of Eurozone nations) to assess risks posed by CCPs clearing significant amounts of transactions made in Euros and also to enable the ECB to adopt additional requirements for those CCPs.

Two reporters, Gabriel Mato and Danuta Maria Hübner welcomed the ECB’s proposal. In particular, they highlighted:

  • As the ECB’s new powers will interact with those of other EU institutions, nations will be more inclined to respect the laws of other EU institutions by the acts adopted by the ECB under the amended article 22 of the statute.
  • The recitals of the amending decision should contain regulatory powers that can be used over CCPs by the ECB under article 22 of the statute, including allowing monetary concerns to be addressed.