in force 2024-12-24 MODIFIED+305 −5§
Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671
applies from: unchanged
Point (f) of Article 6(2)(1) now ends with a semicolon instead of a full stop, and a new point (g) is added to the list of items the public register must include.
The new point (g) requires the register to include the proportion, as of the end of the calendar year, of derivatives contracts cleared in CCPs authorised under Article 14 compared with those cleared in third-country CCPs recognised under Article 25, presented on an aggregated basis and per asset class, a requirement absent from the earlier text.
Cited: Art. 6, v2 · Art. 6, v1
text before / after
02012R0648-20220812 → 02012R0648-20241224
Article 6
Public register
1. ESMA shall establish, maintain and keep up to date a public register in order to identify the classes of OTC derivatives subject to the clearing obligation correctly and unequivocally. The public register shall be available on ESMA’s website.
2. The register shall include:
(a) the classes of OTC derivatives that are subject to the clearing obligation pursuant to Article 4;
(b) the CCPs that are authorised in accordance with Article 17 or recognised in accordance with Article 25 and the date of authorisation or recognition respectively, indicating the CCPs that are authorised or recognised for the purpose of the clearing obligation;
(c) the dates from which the clearing obligation takes effect, including any phased-in implementation;
(d) the classes of OTC derivatives identified by ESMA in accordance with Article 5(3);
(e) the minimum remaining maturity of the derivative contracts referred to in Article 4(1)(b)(ii);
(f) the CCPs that have been notified to ESMA by the competent authority for the purpose of the clearing obligation and the date of notification of each of them. them;
(g) the proportion, as of the end of the calendar year, of derivatives contracts cleared in CCPs authorised in accordance with Article 14 compared with derivatives contracts cleared in third-country CCPs recognised in accordance with Article 25, presented on an aggregated basis and per asset class.
3. Where a CCP is no longer authorised or recognised in accordance with this Regulation to clear a specific class of OTC derivatives, ESMA shall immediately remove that CCP from the public register in relation to that class of OTC derivatives.
4. In order to ensure consistent application of this Article, ESMA may develop draft regulatory technical standards specifying the details to be included in the public register referred to in paragraph 1.
ESMA shall submit any such draft regulatory technical standards to the Commission by 30 September 2012.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.