Art. 81
European Market Infrastructure Regulation · 32012R0648 · every event for this act · on EUR-Lex
Transparency and data availability
9 changes recorded across 9 events, newest first.
in force 2024-12-24 MODIFIED+91 −8§
Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671
applies from: unchanged
Point (r) now ends with a semicolon instead of a full stop, and a new point (t) has been added naming the national authorities entrusted with the conduct of macroprudential policy as an entity to which a trade repository must make necessary information available.
The remainder of Article 81, including the other entities listed in paragraph 3 and paragraphs 1, 2, 4 and 5, is unchanged between the two versions.
Cited: Art. 81, v2 · Art. 81, v1
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02012R0648-20220812 → 02012R0648-20241224
Article 81
Transparency and data availability
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 … 428 unchanged words … designated in accordance with Article 10(5) of this Regulation;
(q) the relevant authorities of a third country in respect of which an implementing act pursuant to Article 76a has been adopted;
(r) the resolution authorities designated under Article 3 of Regulation (EU) 2021/23. 2021/23;
(t) the national authorities entrusted with the conduct of macroprudential policy.
A trade repository shall transmit data to competent authorities in accordance with the requirements under Article 26 of Regulation (EU) No 600/2014Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84)..
4. ESMA shall share the information necessary for the exercise of their duties with other relevant Union authorities.
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:
(a) the information to be published or made available in accordance with paragraphs 1 and 3;
(b) the frequency of publication of the information referred to in paragraph 1;
(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.
in force 2022-08-12 MODIFIED§
Amended by Regulation (EU) 2021/23 32021R0023
applies from: unchanged
Point (q) of Article 81(3)(1) now ends with a semicolon instead of a full stop, and a new point (r) has been added naming the resolution authorities designated under Article 3 of Regulation (EU) 2021/23 as an entity to which a trade repository must make necessary information available.
Cited: Art. 81, v2 · Art. 81, v1
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in force 2021-02-11 MODIFIED§
Amended by Regulation (EU) 2021/23 32021R0023
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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in force 2020-06-18 MODIFIED§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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in force 2019-12-18 MODIFIED§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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in force 2019-06-17 MODIFIED§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2020-06-18 · dates removed: 2012-09-30
A new point (q) is added to the list of entities in paragraph 3, covering the relevant authorities of a third country in respect of which an implementing act pursuant to Article 76a has been adopted.
Paragraph 5 is rewritten so that the regulatory technical standards ESMA must develop are broken into four listed items covering published or available information, publication frequency, operational standards, and the terms, conditions, arrangements and documentation for granting access, replacing the single unbroken description in the earlier version, and the submission deadline to the Commission is changed from 30 September 2012 to 18 June 2020.
The wording on identity protection is changed from stating that the standards shall aim to ensure that published information is not capable of identifying a party to a contract, to stating that ESMA shall ensure that publication does not reveal the identity of any party, and the delegation of power to the Commission is now expressed as supplementing this Regulation.
Cited: Art. 81, v2 · Art. 81, v1
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in force 2017-01-03 MODIFIED§
Amended by Regulation (EU) No 600/2014 32014R0600
applies from: unchanged
A new sentence is added at the end of paragraph 3, stating that a trade repository shall transmit data to competent authorities in accordance with the requirements under Article 26 of Regulation (EU) No 600/2014.
The rest of Article 81, including the list of entities in paragraph 3 and paragraphs 1, 2, 4 and 5, is unchanged between the two versions.
Cited: Art. 81, v2 · Art. 81, v1
text before / after, on the event page →
in force 2016-01-12 MODIFIED§
Amended by Regulation (EU) 2015/2365 32015R2365
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2009-07-13, 2013-10-15
The list of entities entitled to receive necessary information from a trade repository under paragraph 3 has been expanded, adding EBA and EIOPA and inserting several new bodies such as the Single Resolution Board, additional competent and national competent authorities under specified regulations and directives, and the competent authorities designated under Article 10(5).
Several existing entries were also reworded, including the reference to the relevant members of the ESCB now naming the ECB's role under the single supervisory mechanism, the reference to the Agency for the Cooperation of Energy Regulators now naming its establishing regulation, and the reference to Union securities and market authorities now qualified by the scope of their supervisory responsibilities and mandates.
As a result of these insertions the lettering of the sub-points in paragraph 3 differs between the two texts, with the earlier version running from (a) to (k) and the later version running from (a) to (p).
Cited: Art. 81, v2 · Art. 81, v1
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in force 2014-07-02 MODIFIED§
Amended by Directive 2014/59/EU 32014L0059 · Regulation (EU) 2017/610 32017R0610
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2014-05-15
The list of entities entitled to receive necessary information from a trade repository under paragraph 3 has been changed so that point (j), previously ending the list with the Agency for the Cooperation of Energy Regulators, is followed by a new point (k) naming resolution authorities designated under Article 3 of Directive 2014/59/EU.
Cited: Art. 81, v1 · Art. 81, v2
text before / after, on the event page →