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Document 02013R0151-20240429
Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (Text with EEA relevance)
Consolidated text: Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (Text with EEA relevance)
Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (Text with EEA relevance)
02013R0151 — EN — 29.04.2024 — 004.001
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COMMISSION DELEGATED REGULATION (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (OJ L 052 23.2.2013, p. 33) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) 2017/1800 of 29 June 2017 |
L 259 |
14 |
7.10.2017 |
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COMMISSION DELEGATED REGULATION (EU) 2019/361 of 13 December 2018 |
L 81 |
69 |
22.3.2019 |
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COMMISSION DELEGATED REGULATION (EU) 2022/1856 of 10 June 2022 |
L 262 |
34 |
7.10.2022 |
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COMMISSION DELEGATED REGULATION (EU) No 151/2013
of 19 December 2012
supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data
(Text with EEA relevance)
Article 1
Publication of aggregate data
Trade repositories shall publish data provided for in Article 81(1) of Regulation (EU) No 648/2012, including at least:
a breakdown of the aggregate open positions per derivative class as follows:
commodities;
credit;
foreign exchange;
equity;
interest rate;
other;
a breakdown of aggregate transaction volumes per derivative class as follows:
commodities;
credit;
foreign exchange;
equity;
interest rate;
other;
a breakdown of aggregate values per derivative class, as follows:
commodities;
credit;
foreign exchange;
equity;
interest rate;
other.
Article 2
Granting access to details of derivatives
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.
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:
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 ( 3 );
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.
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:
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;
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;
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.
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:
all transaction data on derivatives in either of the following cases:
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;
where the reference obligation is sovereign debt of a Member State whose currency is the euro;
position data for derivatives in euro.
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:
all transaction data on derivatives in either of the following cases:
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;
where the reference obligation is sovereign debt of the Member State of that ESCB member;
position data for derivatives in the currency issued by that member of the ESCB.
Article 3
Third country authorities
Article 4
Setting up access to details of derivatives
A trade repository shall carry out the following tasks:
designate a person or persons responsible for liaising with the entities listed in Article 81(3) of Regulation (EU) No 648/2012;
publish on its website the instructions to be followed by the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to request access to details of transaction data on derivatives;
provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with a form referred to in paragraph 2 of this Article;
set up access to details of transaction data on derivatives for the entities listed in Article 81(3) of Regulation (EU) No 648/2012, based on information provided in the form referred to in paragraph 2 of this Article;
set up the technical arrangements necessary for the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to access details of transaction data on derivatives s in accordance with paragraph 2 of this Article;
provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with direct and immediate access to details of derivatives within 30 calendar days after that entity submitted a request for setting up such access.
The entity listed in Article 81(3) of Regulation (EU) No 648/2012 shall request access to details of derivatives using a form developed and made available by a trade repository and specifying at least the following information:
the name of the entity;
the contact person at the entity;
legal responsibilities and mandates of the entity;
credentials for a secure SSH FTP connection;
any other technical information relevant to the access by the entity to details of derivatives;
whether the entity is competent for counterparties in its Member State, in the euro area or in the Union;
the types of counterparties for which the entity is competent in accordance with the classification in Table 1 of the Annex to Commission Implementing Regulation (EU) 2022/1860;
types of underlyings to derivatives for which the entity is competent;
the trading venues supervised by the entity, if any;
the CCPs supervised or overseen by the entity, if any;
the currency issued by the entity, if any;
delivery and interconnection points;
the benchmarks used in the Union, the administrator of which is under the supervision of the entity;
the characteristics of underlyings supervised by the entity;
the characteristics of the parties referred to in fields 16 “Clearing member”, 15 “Broker” in Table 1 and field 142 “Reference entity” in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 that are supervised by the entity, if any.
Article 5
Operational standards for access to data
The information referred to in paragraph 1 shall include:
the scope of data accessed;
a reference to the legal provisions granting access to such data under Regulation (EU) No 648/2012 and this Regulation.
For the purposes of the first subparagraph, a trade repository shall use the SSH File Transfer Protocol. The trade repository shall use standardised XML messages developed in accordance with the ISO 20022 methodology to communicate through that interface. A trade repository may in addition, after agreement with the entity concerned, set up a connection using another mutually agreed protocol.
▼M3 —————
Upon request, a trade repository shall provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with access to details of derivatives according to any combination of the following fields as referred to in the Annex to Implementing Regulation (EU) 2022/1860:
reporting timestamp;
counterparty 1;
counterparty 2;
entity responsible for reporting;
corporate sector of counterparty 1;
nature of counterparty 1;
broker ID;
report submitting entity ID;
asset class;
product classification;
contract type;
ISIN;
Unique Product Identifier;
underlying identification;
venue of execution;
execution timestamp;
effective date;
valuation timestamp;
expiration date;
early termination date;
CCP;
clearing member;
level;
action type;
event type
A trade repository shall establish and maintain the technical capability to provide direct and immediate access to details of derivatives necessary for the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to fulfil their mandates and responsibilities. That access shall be provided as follows:
where an entity listed in Article 81(3) of Regulation (EU) No 648/2012 requests access to details of outstanding derivatives or of derivatives which have either matured or for which reports with action types ‘Error’, ‘Terminate’ or ‘Position Component’ as referred to in field 151 in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 were made or were subject to a report with action type ‘Revive’ not followed by a report with action types ‘Error’ or ‘Terminate’ not more than 1 year before the date on which the request was submitted, a trade repository shall fulfil that request no later than 12:00 Universal Coordinated Time on the first calendar day following the day on which the request to access is submitted;
where an entity listed in Article 81(3) of Regulation (EU) No 648/2012 requests access to details of derivatives which have either matured or for which reports with action types ‘Error’, ‘Terminate’ or ‘Position Component’ as referred to in field 151 in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 were made or were subject to a report with action type ‘Revive’ not followed by a report with action types ‘Error’ or ‘Terminate’ more than 1 year before the date on which the request was submitted, a trade repository shall fulfil that request no later than 3 working days after the request to access is submitted;
where a request to access data by an entity listed in Article 81(3) of Regulation (EU) No 648/2012 relates to derivatives falling under both points (a) and (b) of this paragraph, the trade repository shall provide details of those derivatives no later than 3 working days after that request to access is submitted.
Article 6
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Commission Delegated Regulation (EU) 2022/1855 of 10 June 2022 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the minimum details of the data to be reported to trade repositories and the type of reports to be used (OJ L 262, 7.10.2022, p. 1).
( 2 ) Commission Implementing Regulation (EU) 2022/1860 of 10 June 2022 laying down implementing technical standards for the application of Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the standards, formats, frequency and methods and arrangements for reporting (OJ L 262, 7.10.2022, p. 68).
( 3 ) Commission Delegated Regulation (EU) 2022/1858 of 10 June 2022 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the procedures for the reconciliation of data between trade repositories and the procedures to be applied by the trade repository to verify the compliance by the reporting counterparty or submitting entity with the reporting requirements and to verify the completeness and correctness of the data reported (OJ L 262, 7.10.2022, p. 46).
( 4 ) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
( 5 ) Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).