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Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (Text with EEA relevance)
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Regulation (EU) No 648/2012 of the European Parliament and of the Council, Article 35 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.Where a CCP outsources operational functions, services or activities, it shall remain fully responsible for discharging all of its obligations under this Regulation and shall ensure at all times that:
(a)outsourcing does not result in the delegation of its responsibility;
(b)the relationship and obligations of the CCP towards its clearing members or, where relevant, towards their clients are not altered;
(c)the conditions for authorisation of the CCP do not effectively change;
(d)outsourcing does not prevent the exercise of supervisory and oversight functions, including on-site access to acquire any relevant information needed to fulfil those mandates;
(e)outsourcing does not result in depriving the CCP from the necessary systems and controls to manage the risks it faces;
(f)the service provider implements equivalent business continuity requirements to those that the CCP must fulfil under this Regulation;
(g)the CCP retains the necessary expertise and resources to evaluate the quality of the services provided and the organisational and capital adequacy of the service provider, and to supervise the outsourced functions effectively and manage the risks associated with the outsourcing and supervises those functions and manages those risks on an ongoing basis;
(h)the CCP has direct access to the relevant information of the outsourced functions;
(i)the service provider cooperates with the competent authority in connection with the outsourced activities;
(j)the service provider protects any confidential information relating to the CCP and its clearing members and clients or, where that service provider is established in a third country, ensures that the data protection standards of that third country, or those set out in the agreement between the parties concerned, are comparable to the data protection standards in effect in the [F1United Kingdom].
[F2A CCP shall not outsource major activities linked to risk management unless such outsourcing is approved by the competent authority. F3...]
2.The competent authority shall require the CCP to allocate and set out its rights and obligations, and those of the service provider, clearly in a written agreement.
3.A CCP shall make all information necessary to enable the competent authority to assess the compliance of the performance of the outsourced activities with this Regulation available on request.
Textual Amendments
F1Words in Art. 35(1)(j) substituted (31.12.2020) by The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/335), regs. 1(1), 40 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F2Substituted by Regulation (EU) 2019/2099 of the European Parliament and of the Council of 23 October 2019 amending Regulation (EU) No 648/2012 as regards the procedures and authorities involved for the authorisation of CCPs and requirements for the recognition of third-country CCPs.
F3Words in Art. 35(1) omitted (31.12.2020) by virtue of The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2020 (S.I. 2020/646), regs. 1(3), 28 (with savings in S.I. 2019/680, reg. 11 as amended by S.I. 2020/646, reg. 12)
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