in force 2024-12-24 INSERTED+3,038 −0§
Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671
applies from: unknown (an inserted provision states its own application date only in prose)
This is a new provision that requires ESMA to establish and maintain a central database giving access to the CCP's competent authority, ESMA, members of the relevant college, and other specified recipients to documents registered for a given CCP, and sets out how applications, requests, questions, notifications and change alerts relating to CCP authorisation and supervision are to be submitted, uploaded, answered or communicated through that database.
It also specifies access rights for a CCP to documents it submitted or received via the database, and access for members of the CCP Supervisory Committee, including the possibility for the Chair of that Committee to limit certain members' access to some documents on confidentiality grounds.
Cited: Art. 17c, v2
text before / after
inserted text (02012R0648-20241224)
Article 17c Central database 1. ESMA shall establish and maintain a central database providing access to the CCP’s competent authority and ESMA (registered recipients), as well as to the members of the college referred to in Article 18 for the relevant CCP where required under a relevant article, to all documents registered within the database for the CCP, and to the other recipients identified under this Regulation. ESMA shall ensure that the central database performs the functions under this Article. ESMA shall announce the establishment of the central database on its website. 2. A CCP shall submit the applications referred to in Article 14, Article 15(1), second subparagraph, Article 49 and Article 49a via the central database. An acknowledgement of receipt shall be sent via the central database within two working days of submission of the application. A CCP shall upload to the central database promptly all documents it is required to provide under the authorisation processes referred to in Articles 14 and 15 or validation processes referred to in Articles 49 and 49a, as applicable. The registered recipients shall upload promptly all documents they receive from the CCP in relation to an application referred to in the first subparagraph of this paragraph unless the CCP has already uploaded such documents. A CCP shall have access to the central database as regards the documents it submitted to that central database or the documents transmitted to the CCP through that central database by any of the registered recipients or the college referred to in Article 18. 3. The competent authority shall submit its request for an opinion as referred to in Article 17b via the central database. 4. Questions submitted to, or information requested from, a CCP by ESMA, the CCP’s competent authority or the members of the college referred to in Article 18 during periods for assessment under Articles 17, 17a, 17b, 49 and 49a shall be submitted and answered by the CCP via the central database. 5. The CCP’s competent authority shall notify the CCP concerned via the central database where a decision, report or other measure has been taken, as applicable, pursuant to Articles 14, 15, 15a, 17, 17a, 17b, 20, 21, 30 to 33, 35, 37, 41, 49, 49a, 51 and 54 and of any decisions that the CCP’s competent authority voluntarily decides to share with the CCP via the central database. 6. The central database shall be designed to automatically inform the registered recipients when changes have been made to its content, including the uploading, deletion or replacement of documents, submission of questions and requests for information. 7. Members of the CCP Supervisory Committee shall have access to the central database for the performance of their tasks pursuant to Article 24a(7). The Chair of the CCP Supervisory Committee may limit access to some of the documents for the members of the CCP Supervisory Committee referred to in Article 24a(2), point (c) and point (d)(ii), where justified based on confidentiality concerns.