{
  "url": "https://openlegislation.uk/eu-regulation-2018-1229/article-39",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-1229/article-39.json",
  "legislation": "eur/2018/1229",
  "legislation_title": "Commission Delegated Regulation (EU) 2018/1229 of 25 May 2018 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on settlement discipline (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-1229",
  "path": "article/39",
  "kind": "article",
  "number": "39",
  "heading": "Consistent and systematic failure to deliver securities",
  "text": "1. A participant shall be considered as consistently and systematically failing to deliver in a security settlement system, as referred to in Article 7(9) of Regulation (EU) No 909/2014, where its rate of settlement efficiency, determined by reference to the number or to the value of settlement instructions, is at least 15 % lower than the rate of settlement efficiency of that securities settlement system, during at least a relevant number of days over the 12 previous months.\nThe relevant number of days shall be determined for each participant as 10 % of the number of days of activity of that participant in the security settlement system over the 12 previous months.\n2. When calculating a participant's rate of settlement efficiency, exclusive reference shall be made to settlement fails caused by that participant.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/1229/article/39",
    "retrieved_at": "2026-11-01T14:43:58.393159+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}