ESMA hereby presents a proposal for the amendment of the RTS on settlement discipline in order to formally suspend the application of the provisions on the buy-in regime for three years, to allow the European Commission and the co-legislators additional time to determine the best way forward to improve settlement efficiency while avoiding potential duplicative implementation costs for market participants in case extensive changes would be made to the existing buy-in measures.
Market participants have conveyed their concerns about having serious difficulties to implement the mandatory buy-in regime on the scheduled date due to: (i) the absence of clarity regarding some open questions necessary for the implementation of the buy-in requirements, and (ii) the uncertainty as to whether the European Commission’s legislative proposal would include amendments to the mandatory buy-in rules and the extent of any potential amendments.