Following the publication of the European Commission report confirming the settlement discipline regime will be reviewed, Pete Tomlinson, Director of Post Trade at AFME, said:

“It is helpful that the Commission has stated its intention to consider amendments to the mandatory buy-in regime, subject to an impact assessment. Given that amendments may now be made at a later date, it does not make sense for the current rules to be implemented and enforced on 1 February 2022.  

“AFME strongly recommends that the Commission and ESMA take action to decouple the implementation of the mandatory buy-in rules from all other aspects of the settlement discipline regime. This would allow other measures, such as the penalties regime, to take effect as planned in February 2022, but avoid implementation of the current buy-in rules, which have been widely acknowledged as being flawed. 

“This action should be taken as soon as possible, in order to provide much-needed clarity to all market participants.”

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