CHAPTER I

NON-DISCRIMINATORY ACCESS TO CCPs AND TRADING VENUES
SECTION 1

Non-discriminatory access to CCPs

Conditions on the denial of access by a CCP
Article 1
1
A CCP shall assess whether granting access would create any of the risks specified in Articles 2, 3 and 4 and may deny access only if, after making all reasonable efforts to manage its risks, the CCP concludes that there are significant undue risks that cannot be managed.
2
If a CCP denies access, it shall identify which risks specified in Articles 2, 3 and 4 would result from granting access and explain why those risks cannot be managed.

Denial of access by a CCP based on the anticipated volume of transactions
Article 2
A CCP may deny an access request on grounds of the anticipated volume of transactions arising from such access only where this would result in one of the following:
1. the scalable design of the CCP being exceeded to such an extent that the CCP cannot adapt its systems so as to deal with the anticipated volume of transactions;
2. the planned capacity of the CCP being exceeded in a way that the CCP would not be able to acquire the required extra capacity to clear the anticipated volume of transactions.

Denial of access by a CCP based on operational risk and complexity
Article 3
A CCP may deny an access request on grounds of operational risk and complexity.
Operational risks and complexity shall include any of the following:
1. incompatibility of CCP and trading venue IT systems impeding the CCP to provide for connectivity between the systems;
2. lack of human resources with the necessary knowledge, skills and experience to perform the CCP's functions regarding the risk stemming from additional financial instruments where these differ from financial instruments already cleared by the CCP or inability to deploy such human resources.

Denial of access by a CCP based on other factors creating significant undue risks
Article 4
1
A CCP may deny an access request on grounds of significant undue risks where any of the following conditions are met:
a
the CCP does not offer clearing services in respect of the financial instruments for which access is being requested and would not be able with reasonable efforts to launch a clearing service consistent with the requirements set out in Titles II, III and IV of Regulation (EU) No 648/2012;
b
granting access would threaten the economic viability of the CCP or its ability to meet minimum capital requirements under Article 16 of Regulation (EU) No 648/2012;
c
there are legal risks;
d
there is an incompatibility of CCP rules and trading venue rules that the CCP cannot remedy in cooperation with the trading venue.
2
A CCP may refuse an access request based on legal risk as referred to in point (c) of paragraph 1, where as a result of granting access, the CCP would not be able to enforce its rules relating to close out netting and default procedures or would not be able to manage the risks arising from the simultaneous use of different trade acceptance models.