On 16 December 2024, the Council adopted Decision (CFSP) 2024/3182, amending Decision 2014/145/CFSP. Decision (CFSP) 2024/3182 introduces a derogation allowing the release of cash balances that are held by central securities depositories, within the meaning of Regulation (EU) No 909/2014 of the European Parliament and of the Council, in the Union and attributable to designated entities.
That derogation is necessary in the context of increasing litigation and retaliatory measures in Russia that enable certain designated entities and their underlying clients to seize assets of central securities depositories in the Union that are held in Russia, without the prior consent of those depositories. It is therefore appropriate to establish a derogation mechanism under which central securities depositories in the Union can ask competent authorities of the Member States to unfreeze cash balances so that central securities depositories in the Union can use those cash balances that are no longer due to designated entities to meet the legal obligations of those depositories towards their participants.