Commission Delegated Regulation (EU) 2017/392Show full title

Article 41 Periodic information relevant for the reviews

For each review period, the CSD shall provide the competent authority with the following information:

(a)

a complete set of the latest audited financial statements of the CSD, including those consolidated at group level;

(b)

a summarised version of the most recent interim financial statements of the CSD;

(c)

any decisions of the management body following the advice of the user committee, as well as any decisions where the management body has decided not to follow the advice of the user committee;

(d)

information on any pending civil, administrative or any other judicial or extrajudicial proceedings involving the CSD, in particular in relation to matters concerning tax and insolvency, or matters that may cause financial or reputational costs for the CSD;

(e)

information on any pending civil, administrative or any other judicial or extrajudicial, proceedings involving a member of the management body or a member of the senior management that may have an negative impact on the CSD;

(f)

any final decisions resulting from the proceedings referred to in points (d) and (e);

(g)

a copy of the results of business continuity stress tests or similar exercises performed during the review period;

(h)

a report on the operational incidents that occurred during the review period and affected the smooth provision of any core services, the measures taken to address them and the results thereof;

(i)

a report on the performance of the securities settlement system, including an assessment of the system's availability during the review period, measured on a daily basis as the percentage of time the system is operational and functioning according to the agreed parameters;

(j)

a summary of the types of manual intervention performed by the CSD;

(k)

information concerning the identification of the CSD's critical operations, any substantive changes to its recovery plan, the results of stress scenarios, the recovery triggers and the recovery tools of the CSD;

(l)

information on any formal complaints received by the CSD during the review period including information on the following elements:

(i)

the nature of the complaint;

(ii)

how the complaint was handled, including the outcome of the complaint;

(iii)

the date when the treatment of the complaint ended;

(m)

information concerning the cases where the CSD denied access to its services to any existing or potential participant, any issuer, another CSD or another market infrastructure in accordance with Articles 33(3), 49(3), 52(2) and 53(3) of Regulation (EU) No 909/2014;

(n)

a report on changes affecting any CSD links established by the CSD, including changes to the mechanisms and procedures used for the settlement in those CSD links;

(o)

information concerning all cases of identified conflicts of interests that materialised during the review period, including the description of how they were managed;

(p)

information concerning internal controls and audits performed by the CSD during the review period;

(q)

information concerning any identified infringement of Regulation (EU) No 909/2014, including those identified through the reporting channel referred to in Article 26(5) of Regulation (EU) No 909/2014;

(r)

detailed information concerning any disciplinary actions taken by the CSD, including any cases of suspension of participants in accordance with Article 7(9) of Regulation (EU) No 909/2014 with a specification of the period of suspension and the reason for suspension;

(s)

the general business strategy of the CSD covering a period of at least three years after the last review and evaluation and a detailed business plan for the services provided by the CSD covering at least a period of one year after the last review and evaluation.