Skip to the text
In this act Article 2 of 6
Text as of 27 Oct 2022 · Consolidated version of 29 April 2024 · Same wording as today’s text.Today’s text

Article 2 — Granting access to details of derivatives

Financial servicesLevel 2RTSEMIRIn forceOfficial source

2(1)

1.A trade repository shall make details of derivatives directly and immediately available, in accordance with Articles 2 and 3 of this Regulation, to the entities listed in Article 81(3) of Regulation (EU) No 648/2012, including where delegation agreements exist under Article 28 of Regulation (EU) No 1095/2010.

For the purposes of the first subparagraph, a trade repository shall use the XML format and the template developed in accordance with ISO 20022 methodology.

Copy link
2(2)

2.A trade repository shall ensure that the details of transaction data on derivatives made accessible to the entities listed in Article 81(3) of Regulation (EU) No 648/2012 in accordance with this Article and pursuant to the timelines set out in Articles 4 and 5 of this Regulation include the following data:

Copy link
2(2)(a)
(a)the reports of derivatives reported in accordance with Tables 1, 2 and 3 of the Annex to Commission Delegated Regulation (EU) 2022/1855, including the latest trade states of outstanding derivatives referred to in Article 2(2) of Commission Implementing Regulation (EU) 2022/1860;
Copy link
2(2)(b)
(b)the relevant details of derivative reports, which the trade repository rejected or warned about during the previous working day and the reasons for their rejection or warning as specified in Commission Delegated Regulation (EU) 2022/1858;
Copy link
2(2)(c)
(c)the reconciliation status of all reported derivatives for which the trade repository has carried out the reconciliation procedure in accordance with Article 3 of Delegated Regulation (EU) 2022/1855.
Copy link
2(3)

3.A trade repository shall provide the entities that have several responsibilities or mandates under Article 81(3) of Regulation (EU) No 648/2012 with a single access point to the derivatives covered by those responsibilities and mandates.

Copy link
2(4)

4.A trade repository shall provide the European Securities and Markets Authority (ESMA) with access to all transaction data on derivatives to exercise competences in accordance with its responsibilities and mandates.

Copy link
2(5)

5.A trade repository shall provide the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board with access to all transaction data on derivatives.

Copy link
2(6)

6.A trade repository shall provide the Agency for the Cooperation of Energy Regulators with access to all transaction data on derivatives where the underlying is energy or emission allowances.

Copy link
2(7)

7.A trade repository shall provide an authority which supervises trading venues with access to all transaction data on derivatives executed on those trading venues.

Copy link
2(8)

8.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:

Copy link
2(8)(a)
(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;
Copy link
2(8)(b)
(b)the company has its registered office or its 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;
Copy link
2(8)(c)
(c)the company is an offeror as defined in Article 2(1), point (c), of Directive 2004/25/EC for the companies as referred to in points (a) and (b) of this paragraph and the consideration it offers includes securities.
Copy link
2(9)

9.A trade repository shall provide an authority referred to in Article 81(3), point (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.

Copy link
2(10)

10.A trade repository shall provide the European Central Bank (ECB) and a member of the European System of Central Banks (ESCB), whose Member State’s currency is the euro, with access to the following data:

Copy link
2(10)(a)
(a)all transaction data on derivatives in either of the following cases:
Copy link
2(10)(a)(i)
(i)where the reference entity of the derivative is established within a Member State whose currency is the euro and falls under the supervisory responsibilities and mandates of that ESCB member;
Copy link
2(10)(a)(ii)
(ii)where the reference obligation is sovereign debt of a Member State whose currency is the euro;
Copy link
2(10)(b)
(b)position data for derivatives in euro.
Copy link
2(11)

11.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 in the euro area and whose Member State’s currency is the euro, including the ECB, with access to all transaction data on derivatives concluded on trading venues or by central counterparties (CCPs) and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in the euro area.

Copy link
2(12)

12.A trade repository shall provide a member of the ESCB whose Member State’s currency is not the euro with access to the following data:

Copy link
2(12)(a)
(a)all transaction data on derivatives in either of the following cases:
Copy link
2(12)(a)(i)
(i)where the reference entity of the derivative is established within the Member State of that ESCB member and where that entity falls under the supervisory responsibilities and mandates of that ESCB member;
Copy link
2(12)(a)(ii)
(ii)where the reference obligation is sovereign debt of the Member State of that ESCB member;
Copy link
2(12)(b)
(b)position data for derivatives in the currency issued by that member of the ESCB.
Copy link
2(13)

13.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.

Copy link
2(14)

14.A trade repository shall provide the ECB, when the latter carries 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 counterparties which, within the single supervisory mechanism, are subject to the ECB’s supervision pursuant to that Regulation.

Copy link
2(15)

15.A trade repository shall provide a competent authority listed in Article 81(3), points (o) and (p), 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.

Copy link
2(16)

16.A trade repository shall provide a resolution authority as referred to in Article 81(3), point (m), 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.

Copy link
2(17)

17.A trade repository shall provide the Single Resolution Board (SRB) with access to all transaction data on derivatives concluded by counterparties that fall under the scope of Regulation (EU) No 806/2014 of the European Parliament and of the Council.

Copy link
2(18)

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

Copy link