in force 2022-08-12 MODIFIED+526 −6§
Amended by Regulation (EU) 2021/23 32021R0023
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: 2020-12-16, 2021-01-22
A new point (n) is added to the list of entities in Article 12(2) with direct and immediate access to trade repository data, naming resolution authorities designated under Article 3 of Regulation (EU) 2021/23.
The preceding point (m), referring to the authorities mentioned in Article 16(1), is unchanged in substance but its closing punctuation is altered to a semicolon to accommodate the new point that follows.
Cited: Art. 12, v2 · Art. 12, v1
text before / after
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.