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New version applies from 27/10/2022 — introduced by Commission Delegated Regulation (EU) 2022/1856. 6 provisions change. Later versions: 29/04/2024. Article 2 changes in this version: compare with the current text.

Article 2 - Access to details of derivatives in accordance with the responsibilities and mandate of each authority concerned

Comparing 01/11/2017 → 11/04/2019: 16 added, 10 removed, 11 changed Close comparison

2.ESMA shall enact internal procedures in order to ensure the appropriate staff access and any relevant limitations of access as regards non-supervisory activities under ESMA’s mandate.

(a)it is admitted to trading on a regulated market within their jurisdiction;

(b)it has its registered office or, where it has no registered office, its head office, in their jurisdiction;

7.The data to be provided in accordance with paragraph 6 shall include information on:

(a)the underlying securities;

(b)the derivative class;

(c)the sign of the position;

(d)the number of reference securities;

(e)the counterparties to the derivative.

(a)for all counterparties within their respective jurisdictions;

1.11. A trade repository shall provide,ensure forthat the prudential supervisiondetails of counterpartiestransaction subjectdata on derivatives made accessible to the reporting obligation, the relevant entities listed in Article 81(3) of Regulation (EU) No 648/2012 in accordance with accessparagraphs 3 to all transaction data17 of suchthis counterparties.Article include the following data:

(a)the reports of derivatives reported in accordance with Tables 1 and 2 of the Annex to Delegated Regulation (EU) No 148/2013 (1), including the latest trade states of derivatives that have not matured or which have not been the subject of reports with action types ‘Error’, ‘Early termination’, ‘Compression’ and ‘Position component’ as referred to in Field 93 of Table 2 of the Annex to Delegated Regulation (EU) No 148/2013;

(b)the relevant details of derivative reports rejected by the trade repository, including any derivative reports rejected during the previous working day and the reasons for their rejection;

(c)the reconciliation status of all derivatives reported for which the trade repository has carried out the reconciliation process in accordance with Article 19 of Delegated Regulation (EU) No 150/2013.

2.8. A trade repository shall provide the relevantentities Unionthat securitieshave andseveral marketsresponsibilities authoritiesor referredmandates to inunder Article 81(3)(h)81(3) of Regulation (EU) No 648/2012 with a single access point to all transaction data on markets, participants, contracts and underlyings that fall within the scopederivatives ofcovered thatby authority according to its respective supervisorythose responsibilities and mandates.

3.10. A trade repository shall provide a relevant ESCB memberESMA with access to positionall transaction data for derivatives contractsto exercise competences in theaccordance currencywith issuedits byresponsibilities thatand member.mandates.

4.3. A trade repository shall provide the European Banking Authority for(EBA), the CooperationEuropean ofInsurance Energyand RegulatorsOccupational (ACER)Pensions Authority (EIOPA) and the European Systemic Risk Board (ESRB) with access to all transaction data regardingfor derivatives where the underlying is energy or emission allowances.derivatives.

5.6. A trade repository shall provide athe supervisoryAuthority authorityfor appointedthe under Article 4Cooperation of DirectiveEnergy 2004/25/ECRegulators (ACER) with access to all the transaction data on derivatives where the underlying is aan security issued by a company which meets one of the following conditions:energy.

6.5. A trade repository shall provide a competentan authority supervising thetrading venues of execution of the reported contracts with access to all the transaction data onfor contractsderivatives executed on those trading venues.

7.A trade repository shall provide a supervisory authority designated pursuant to Article 4 of Directive 2004/25/EC with access to all transaction data on derivatives where the underlying is a security issued by a company that meets one or more of the following conditions:

(a)the company is admitted to trading on a regulated market established within the Member State of that authority and the takeover bids on the securities of that company fall under that authority's supervisory responsibilities and mandates;

(b)the company has its registered office or head office in the Member State of that authority and the takeover bids on the securities of that company fall under that authority's supervisory responsibilities and mandates;

(c)itthe company is an offeror as defined in Article 2(1)(c) of Directive 2004/25/EC for the entitiescompanies providedas forreferred to in points (a) orand (b) and the consideration it offers includes securities.

8.A trade repository shall provide an authority referred to in Article 81(3)(j) of Regulation (EU) No 648/2012 with access to all transaction data on derivatives for markets, contracts, underlyings, benchmarks and counterparties that fall under the supervisory responsibilities and mandates of that authority.

9.A trade repository shall provide thea European Systemic Risk Board, ESMA and the relevant membersmember of the ESCB whose Member State's currency is the euro with transactionaccess level data:to:

(a)all transaction data on derivatives where the reference entity of the derivative is established within the Member State of that ESCB member or within a Member State whose currency is the euro and falls within the scope of the member according to that member's supervisory responsibilities and mandates, or where the reference obligation is sovereign debt of the Member State of that ESCB member or of a Member State whose currency is the euro;

(b)position data for derivatives contracts in euro.

10.A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability and whose Member State's currency is the euro, with access to all transaction data on derivatives concluded on trading venues or by CCPs and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in the euro area.

11.A trade repository shall provide a member of the ESCB whose Member State's currency is not the euro with access to:

(a)(b) forall transaction level data on derivatives contracts where the reference entity of the derivative contract is locatedestablished within theirthe respectiveMember jurisdictionState of that ESCB member and falls within the scope of the member according to that member's supervisory responsibilities and mandates, or where the reference obligation is sovereign debt of the respectiveMember jurisdiction.State of that ESCB member;

(b)position data for derivatives in the currency issued by that member of the ESCB.

12.A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability and whose Member State's currency is not the euro, with access to all transaction data on derivatives concluded on trading venues or by CCPs and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in a Member State whose currency is not the euro.

13.A trade repository shall provide the ECB, when carrying out its tasks within the single supervisory mechanism under Council Regulation (EU) No 1024/2013,with access to all transaction data on derivatives concluded by any counterparty which, within the single supervisory mechanism, is subject to the ECB's supervision pursuant to Council Regulation (EU) No 1024/2013 ( 2 ).

14.4. A trade repository shall provide a competent authority supervisinglisted ain CCPpoints (o) and the relevant member(p) of theArticle European System81(3) of CentralRegulation Banks(EU) (ESCB)No overseeing the CCP, where applicable,648/2012 with access to all the transaction data clearedon orderivatives reportedconcluded by all counterparties that fall under the CCP.responsibilities and mandates of that authority.

15.A trade repository shall provide a resolution authority as referred to in point (m) of Article 81(3) of Regulation (EU) No 648/2012 with access to all transaction data on derivatives concluded by counterparties that fall under the responsibilities and mandates of that authority.

16.1. A trade repository shall provide the SRB with access to all transaction data toon derivatives concluded by counterparties that fall under the European Securities and Markets Authority (ESMA) for the purposescope of fulfillingRegulation its(EU) supervisoryNo competences.806/2014.

17.A trade repository shall provide an authority supervising a central counterparty (CCP), and the relevant member of the European System of Central Banks (ESCB) overseeing that CCP, where applicable, with access to all transaction data on derivatives cleared by that CCP.

Official text · consolidated version 11/04/2019 (no longer in force) Open full page ↗
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