Consultation Paper on draft Guidelines on the application of the circumstances under which a CCP is deemed to be failing or likely to fail

ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1. Comments are most helpful if they:

ESMA will consider all comments received by 24 January 2022.

All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’.

All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.