Securities Financing Transactions Regulation

32015R2365 → 02015R2365-20220812

Article 2 Scope 1. This Regulation applies to: (a) a counterparty to an SFT that is established: (i) in the Union, including all its branches irrespective of where they are located; (ii) in a third country, if the SFT is concluded in the course of the operations of a branch in the Union of that counterparty; (b) management companies of undertakings for collective investment in transferable securities (UCITS) and UCITS investment companies in accordance with Directive 2009/65/EC; (c) managers of alternative investment funds (AIFMs) authorised in accordance with Directive 2011/61/EU; (d) a counterparty engaging in reuse that is established: (i) in the Union, including all its branches irrespective of where they are located; (ii) in a third country, where either: the reuse is effected in the course of the operations of a branch in the Union of that counterparty, or the reuse concerns financial instruments provided under a collateral arrangement by a counterparty established in the Union or a branch in the Union of a counterparty established in a third country. 2. Articles 4 and 15 do not apply to: (a) members of the European System of Central Banks (ESCB), other Member States’ bodies performing similar functions, and other Union public bodies charged with, or intervening in, the management of the public debt; (b) the Bank for International Settlements. Settlements; (c) the central bank and other bodies performing similar functions and other public bodies charged with, or intervening in, the management of the public debt in the United Kingdom of Great Britain and Northern Ireland. 3. Article 4 does not apply to transactions to which a member of the ESCB is a counterparty. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 30 to amend the list set out in paragraph 2 of this Article. To that end and before adopting such delegated acts, the Commission shall present to the European Parliament and to the Council a report assessing the international treatment of central banks and of public bodies charged with or intervening in the management of the public debt. That report shall include a comparative analysis of the treatment of central banks and of those bodies within the legal framework of a number of third countries. Provided that the report concludes, in particular with regard to the comparative analysis and potential effects, that the exemption of the monetary responsibilities of those third-country central banks and bodies from Article 15 is necessary, the Commission shall adopt a delegated act adding them to the list set out in paragraph 2 of this Article.

32015R2365 → 02015R2365-20220812

Article 12 Transparency and availability of data held in a trade repository 1. A trade repository shall regularly, and in an easily accessible way, publish aggregate positions by type of SFTs reported to it. 2. A trade repository shall collect and maintain the … 351 unchanged words … 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).; (m) the authorities referred to in Article 16(1). 16(1); (n) the resolution authorities designated under Article 3 of Regulation (EU) 2021/23 of the European Parliament and of the CouncilRegulation (EU) 2021/23 of the European Parliament and of the Council of 16 December 2020 on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (OJ L 022, 22.1.2021, p. 1).. 3. In order to ensure consistent application of this Article, ESMA shall, in close cooperation with the ESCB and taking into account the needs of the entities referred to in paragraph 2, develop draft regulatory technical standards specifying: (a) the frequency and the details of the aggregate positions referred to in paragraph 1 and the details of SFTs referred to in paragraph 2; (b) the operational standards required, to allow the timely, structured and comprehensive: (i) collection of data by trade repositories; (ii) aggregation and comparison of data across repositories; (c) the details of the information to which the entities referred to in paragraph 2 are to have access, taking into account their mandate and their specific needs; (d) the terms and conditions under which the entities referred to in paragraph 2 are to have direct and immediate access to data held in trade repositories. Those draft regulatory technical standards shall ensure that the information published under paragraph 1 does not enable the identification of a party to any SFT. ESMA shall submit those draft regulatory technical standards to the Commission by 13 January 2017. 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.