Text as of 12 Aug 2022 · Consolidated version of 12 August 2022 · The wording differs from today’s text.Today’s text
Article 81 — Transparency and data availability
Financial services★Level 1RegulationEMIRIn forceIn force on the date shown, by the dates in the Official Journal.·VerifiedIdentical to the official source.·Official source
1.A trade repository shall regularly, and in an easily accessible way, publish aggregate positions by class of derivatives on the contracts reported to it.
2.A trade repository shall collect and maintain data and shall ensure that the entities referred to in paragraph 3 have direct and immediate access to the details of derivatives contracts they need to fulfil their respective responsibilities and mandates.
3.A trade repository shall make the necessary information available to the following entities to enable them to fulfil their respective responsibilities and mandates:
(g)the relevant members of the ESCB, including the ECB in carrying out its tasks within a single supervisory mechanism under Council Regulation (EU) No 1024/2013;
(j)the relevant Union securities and market authorities whose respective supervisory responsibilities and mandates cover contracts, markets, participants and underlyings which fall within the scope of this Regulation;
(o)competent authorities or national competent authorities within the meaning of Regulations (EU) No 1024/2013 and (EU) No 909/2014 and of Directives 2003/41/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU and, 2014/65/EU, and supervisory authorities within the meaning of Directive 2009/138/EC;
5.In order to ensure the consistent application of this Article, ESMA shall, after consulting the members of the ESCB, develop draft regulatory technical standards specifying the following:
(c)the operational standards required to aggregate and compare data across trade repositories and for the entities referred to in paragraph 3 to access that information;
(d)the terms and conditions, the arrangements and the required documentation under which trade repositories grant access to the entities referred to in paragraph 3.
ESMA shall submit those draft regulatory technical standards to the Commission by 18 June 2020.
In developing those draft regulatory technical standards, ESMA shall ensure that the publication of the information referred to paragraph 1 does not reveal the identity of any party to any contract.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.