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Regulation (EU) 2021/23 of the European Parliament and of the Council of 16 December 2020 on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (Text with EEA relevance) article 69 CELEX: 32021R0023 Partial transfers: protection of trading, clearing and settlement systems
1. The resolution authority shall ensure that the application of a resolution tool does not affect the operation of systems and rules of systems covered by Directive 98/26/EC, where the resolution authority: (a) transfers some but not all of the assets, rights, obligations or liabilities of a CCP under resolution to another entity; (b) cancels or amends the terms of a contract to which the CCP under resolution is a party or substitutes a purchaser or bridge CCP as a party. 2. For the purposes of paragraph 1 of this Article, the resolution authority shall ensure that the application of a resolution tools does not result in any of the following outcomes: (a) revoking a transfer order in accordance with Article 5 of Directive 98/26/EC; (b) affecting the enforceability of transfer orders and netting as required by Articles 3 and 5 of Directive 98/26/EC; (c) affecting the use of funds, securities or credit facilities as required by Article 4 of Directive 98/26/EC; (d) affecting the protection of collateral security as required by Article 9 of Directive 98/26/EC. |