Eurex Clearing AG Mergenthalerallee 61, 65760 Eschborn 

Mailing address: 60485 Frankfurt/Main 

Chairman of the Supervisory Board: Jeffrey Tessler 

Executive Board: Erik Tim Müller (CEO), Matthias Graulich, Jens Janka, Manfred Matusza, Dmitrij Senko 

Aktiengesellschaft mit Sitz in Frankfurt/Main, HRB Nr. 44828 

USt-IdNr. DE194821553, Amtsgericht Frankfurt/Main

VIA CFTC PORTAL

Division of Clearing and Risk 

Commodity Futures Trading Commission 

1155 21st Street NW 

Three Lafayette Centre 

Washington, DC 20581 

October 6, 2023 

Re: Submission of Swaps for the Commission’s Mandatory Clearing 

Determination Pursuant to Commission Regulation 39.5(b) 

Dear Mr. Kirkpatrick, 

Eurex Clearing AG (“Eurex Clearing”), a derivatives clearing organization 

(“DCO”) registered with the Commodity Futures Trading Commission (the 

“Commission” or “CFTC”), is submitting the following contracts (the “Contracts” 

or “DESTR OIS Contracts”) for the Commission’s mandatory clearing 

determination under Commission Regulation 39.5(b): 

Interest Rate Swap: 

Product: 

- Overnight Interest Swaps (“OIS”) referencing the Denmark Short-Term Rate 

(DESTR) with max maturity 11Y 

Currency: 

Danish Krone (“DKK”) 

There is currently no mandate in place for any IRS, Single Currency Basis 

Swaps, Zero-Coupon Swaps, or FRAs denominated in DKK. Eurex Clearing is 

eligible to accept these Swaps for clearing, and if the Commission were to 

determine that these Swaps were required to be cleared, Eurex Clearing will be 

able to maintain compliance with Section 5b(c)(2) of the Commodity Exchange 

Act. 

Eurex Clearing AG 

Mergenthalerallee 61 

65760 Eschborn 

T 312-544-1087 

www.eurex.com/clearing
2 

Required Information under Commission Regulation 39.5(b)(3) 

The existence of significant outstanding notional exposures, trading 

liquidity, and adequate pricing data 

There currently are no outstanding notional exposures or trading liquidity 

at Eurex Clearing in the DESTR OIS Contracts. Eurex Clearing plans to launch 

the DESTR OIS Contracts in the U.S. and other jurisdictions on November 20, 

2023. Regarding outstanding notional exposures or trading liquidity at other 

CCPs, on information and belief, LCH currently clears the DESTR OIS Contracts. 

Based on their webpage data, as of September 29, 2023, the outstanding notional 

in DKK OIS at LCH amounts to 189,536,800,000 DKK and LCH’s cleared Yearto-Date DKK OIS volume to 216,372,800,000 DKK.1

Eurex Clearing provides swap volumes for each of its offered currencies 

at: https://www.eurex.com/ec-en/clear/clearing-volume. Swap volumes for the 

Contracts will be available here after launch. 

Daily figures for the notional exposures are provided daily at: 

https://www.eurex.com/ec-en/clear/clearing-volume. Daily figures for notional 

exposures for the Contracts, including current and past figures, will be available 

here after launch. 

In addition, settlement prices are provided at: 

https://www.eurex.com/ec-en/clear/eurex-otc-clear/settlement-prices. 

Settlement prices for the Contracts will be available here after launch. 

Chapter II, Part 2, Number, 2.1.6 (1) (Daily Evaluation Price and 

Discounting of Future Cashflows) of the FCM Regulations of Eurex Clearing 

(“FCM Regulations”) and Chapter VIII, Part 2, Number 2.1.6 (Daily Evaluation 

Price and Discounting of Future Cashflows) of the Clearing Conditions of Eurex 

Clearing (“Clearing Conditions”) provide, 

Eurex Clearing AG determines the daily evaluation price on the 

basis of (i) the rates determined in accordance with Number 2.2.5 

and (ii) the raw market quotes underlying the discount and 

forecast curve provided by a recognized third party provider (the 

respective quotes and third party provider to be selected at the 

reasonable discretion of Eurex Clearing AG), in each case as of 

the day of the determination of the daily evaluation price (each 

such day a “Reset Date” for the purposes of Number 2.2.5 (1)). 

Where no information on the relevant rates as referred to in (i) is 

available, Eurex Clearing AG will determine the daily evaluation 

price in accordance with Number 1.8 [Part 1 Number 1.8 in the 

Clearing Conditions]. The relevant discount and forecast curves 

are laid out in the EurexOTC Clear Risk Methodology Description 

Interest Rate Swaps of Eurex Clearing AG. 

Eurex Clearing believes use of Reuters is adequate because it is a readily 

available conventional source. In addition, Eurex Clearing can receive data from 

Bloomberg if necessary and has multiple backups for receiving pricing data. 

1 See https://www.lch.com/services/swapclear/volumes. 
3 

The FCM Regulations and Clearing Conditions are available for 

download at: https://www.eurex.com/ec-en/rules-regs/rules-and-regulations. 

The availability of rule framework, capacity, operational expertise and 

resources, and credit support infrastructure to clear the contract on terms 

that are consistent with the material terms and trading conventions on 

which the contract is then traded 

Eurex Clearing already has a well-developed rule framework and support 

infrastructure for clearing the Contracts. Eurex Clearing intends to leverage this 

existing operational capacity when clearing the Contracts on the DCO. Eurex 

Clearing ensures that it has the appropriate risk management, operations, and 

technology capabilities in place to ensure that it is able to liquidate positions in 

the Contracts in an orderly manner in the event of a default. The Contracts are 

subject to margin and clearing fund requirements set forth the FCM Regulations 

and the Clearing Conditions. 

The effect on mitigation of systemic risk, taking into account the size of the 

market for such contract and the resources of the DCO available to clear 

the contract 

The benefits of central clearing of the Contracts through Eurex Clearing 

are significant, including reduction of counterparty risk, margin and collateral 

efficiencies, client asset segregation, and legal certainty. With an overall 

collateral pool of approximately EUR 132 billion (daily average of provided margin 

collateral over the year), Eurex Clearing’s stress-tested lines of defense and with 

around 189 Clearing Members from 21 countries, Eurex Clearing has the 

necessary resources to clear the Contracts from a market size and resources 

perspective. 

The effect on competition, including appropriate fees and charges applied 

to clearing 

Eurex Clearing does not believe that its clearing of the Contracts will have 

a negative or material impact on the competition. The fee schedule for the 

contracts Eurex Clearing clears is available at: https://www.eurex.com/ecen/rules-regs/rules-and-regulations. 

The existence of reasonable legal certainty in the event of the insolvency 

of the relevant DCO or one or more of its Clearing Members with regard to 

the treatment of customer and swap counterparty positions, funds and 

property 

Eurex Clearing observes the “Principles for financial market 

infrastructures” published by the Committee on Payment and Settlement 

Systems and International Organisation of Securities Commissions (the 

“PFMIs”). In February 2015, Eurex Clearing published an assessment of its 

compliance with the PFMIs, including the conclusion that it fully complies with the 

PFMIs. This assessment and conclusion was reviewed and validated by KPMG 

as an independent outside auditor. This assessment is available at: 

https://www.eurex.com/resource/blob/247228/3bab45c5a4d22f090373d15dafd0

36d7/data/cpss-iosco-pfmi_assessment_2014_en.pdf. As part of this 

assessment, Eurex Clearing’s default management procedures were assessed 

to be certain in the event of its or its Clearing Members’ insolvency with regard to 

the treatment of customer and counterparty positions and collateral. Eurex 

Clearing’s most recent assessment against the international standards applicable 

to financial market infrastructures described in the April 2012 report Principles for 

financial market infrastructures, prepared as of February 2023, is available at 
4 

https://www.eurex.com/resource/blob/3489948/5ea1e7ae29cd29bcdf39379e98

0c1702/data/cpss-iosco-pfmi_assessment_2022_en.pdf.

Eurex Clearing also has previously provided a legal memorandum to the 

Commission on the ring-fenced treatment of cleared swaps customer collateral 

pursuant to Part 22 of the Commission’s regulations. 

A potential insolvency of Eurex Clearing and the operation of default 

management procedures under the Clearing Conditions would be governed by 

German Law, except for certain FCM Regulations and Clearing Conditions that 

relate to cleared swaps customer collateral that are governed by U.S. federal 

laws. 

Further information (CFTC Regulation §39.5(b)(iii-viii) 

Product terms of the Contracts are market standard and follow the 2021 

ISDA Interest Rate Derivatives Definitions. 

Participant eligibility standards are the same as Eurex Clearing’s general 

FCM Clearing Member and Clearing Member standards. 

There are no additional price sources required as prices are readily 

available from the price sources already used by Eurex Clearing. 

Eurex Clearing has a sound framework for the comprehensive 

management of all material risks. In this regard Eurex Clearing has established 

documented policies, procedures, and systems to identify, monitor, and manage 

such risks. 

The rules, policies, and procedures that apply to the clearing of the 

Contract are set forth in the FCM Regulations and the Clearing Conditions. 

Eurex Clearing is providing notice of this submission to Clearing 

Members by posting this submission under the CFTC DCO Filings webpage at: 

https://www.eurex.com/ec-en/rules-regs/regulations/cftc-dco-filings. 

If you have any questions, please contact Eric Seinsheimer, US CCO, 

Eurex Clearing AG, at eric.seinsheimer@eurex.com or (312) 544-1087. 

Yours faithfully, 

/s/ Eric Seinsheimer 

Eric Seinsheimer 

Director (Legal), Americas, Eurex & US CCO, Eurex Clearing AG