ESMA clarifies access to third-country CSD services for EU market participants
Ahead of a key January 2027 deadline, EU capital markets participants are receiving greater certainty over continued access to some third-country post-trade services. The clarification addresses concerns from issuers and other market users that uncertainty around the current regime could disrupt operations before EU lawmakers complete an expected extension.
Highlights
- ESMA clarified that EU market participants can access third-country CSD services beyond 17 January 2027 pending finalisation of new transitional regime legislation.
- The Market Integration and Supervision Package, which includes the extension proposal, is still under negotiation but has support from both the Council of the European Union and the European Parliament.
- ESMA's statement aims to reduce operational uncertainty for issuers and ensure orderly functioning of EU capital markets ahead of the 2027 deadline.
Regulatory clarification before 2027 deadline
As reported by ESMA, EU market participants should not be prevented from accessing third-country Central Securities Depositories beyond 17 January 2027 and until the bloc finalises legislation to extend the current transitional regime.The existing regime allows certain third-country CSDs to provide notary and central maintenance services for financial instruments constituted under the law of an EU member state. That framework is currently due to expire on 17 January 2027.
The proposed extension is part of the Market Integration and Supervision Package, which remains under negotiation. ESMA says it understands that both the Council of the European Union and the European Parliament support extending the transitional regime.
Capital markets continuity and issuer impact
ESMA's statement is aimed at reducing uncertainty for market participants, particularly issuers, that had raised concerns about whether continued access to third-country CSD services would remain available in the absence of a political agreement before the deadline.Those concerns centered on the risk that uncertainty could create operational challenges for market users. By issuing the clarification well before January 2027, the regulator says it is supporting the orderly functioning of EU capital markets while the legislative process continues.
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