Commission Delegated Regulation (EU) 2022/1856 of 10 June 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 151/2013 by further specifying the procedure for accessing details of derivatives as well as the technical and operational arrangements for their access (Text with EEA relevance)

1 A trade repository shall make details of derivatives directly and immediately available, in accordance with Articles 2 and 3 of this Regulation, to the entities listed in Article 81(3) of Regulation (EU) No 648/2012, including where delegation agreements exist under Article 28 of Regulation (EU) No 1095/2010. For the purposes of the first subparagraph, a trade repository shall use the XML format and the template developed in accordance with ISO 20022 methodology.

2 A trade repository shall ensure that the details of transaction data on derivatives made accessible to the entities listed in Article 81(3) of Regulation (EU) No 648/2012 in accordance with this Article and pursuant to the timelines set out in Articles 4 and 5 of this Regulation include the following data: (a) the reports of derivatives reported in accordance with Tables 1, 2 and 3 of the Annex to Commission Delegated Regulation (EU) 2022/1855 , including the latest trade states of outstanding derivatives referred to in Article 2(2) of Commission Implementing Regulation (EU) 2022/1860 ; (b) the relevant details of derivative reports, which the trade repository rejected or warned about during the previous working day and the reasons for their rejection or warning as specified in Commission Delegated Regulation (EU) 2022/1858 ; (c) the reconciliation status of all reported derivatives for which the trade repository has carried out the reconciliation procedure in accordance with Article 3 of Delegated Regulation (EU) 2022/1855.

3 A trade repository shall provide the entities that have several responsibilities or mandates under Article 81(3) of Regulation (EU) No 648/2012 with a single access point to the derivatives covered by those responsibilities and mandates.

4 A trade repository shall provide the European Securities and Markets Authority (ESMA) with access to all transaction data on derivatives to exercise competences in accordance with its responsibilities and mandates.

5 A trade repository shall provide the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board with access to all transaction data on derivatives.

6 A trade repository shall provide the Agency for the Cooperation of Energy Regulators with access to all transaction data on derivatives where the underlying is energy or emission allowances.

7 A trade repository shall provide an authority which supervises trading venues with access to all transaction data on derivatives executed on those trading venues.

8 A trade repository shall provide a supervisory authority designated pursuant to Article 4 of Directive 2004/25/EC with access to all transaction data on derivatives where the underlying is a security issued by a company that meets one or more of the following conditions: (a) the company is admitted to trading on a regulated market established within the Member State of that authority and the takeover bids on the securities of that company fall under that authority’s supervisory responsibilities and mandates; (b) the company has its registered office or its head office in the Member State of that authority and the takeover bids on the securities of that company fall under that authority’s supervisory responsibilities and mandates; (c) the company is an offeror as defined in Article 2(1), point (c), of Directive 2004/25/EC for the companies as referred to in points (a) and (b) of this paragraph and the consideration it offers includes securities.

9 A trade repository shall provide an authority referred to in Article 81(3), point (j), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives for markets, contracts, underlyings, benchmarks and counterparties that fall under the supervisory responsibilities and mandates of that authority.

10 A trade repository shall provide the European Central Bank (ECB) and a member of the European System of Central Banks (ESCB), whose Member State’s currency is the euro, with access to the following data: (a) all transaction data on derivatives in either of the following cases: (i) where the reference entity of the derivative is established within a Member State whose currency is the euro and falls under the supervisory responsibilities and mandates of that ESCB member; (ii) where the reference obligation is sovereign debt of a Member State whose currency is the euro; (b) position data for derivatives in euro.

11 A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability in the euro area and whose Member State’s currency is the euro, including the ECB, with access to all transaction data on derivatives concluded on trading venues or by central counterparties (CCPs) and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in the euro area.

12 A trade repository shall provide a member of the ESCB whose Member State’s currency is not the euro with access to the following data: (a) all transaction data on derivatives in either of the following cases: (i) where the reference entity of the derivative is established within the Member State of that ESCB member and where that entity falls under the supervisory responsibilities and mandates of that ESCB member; (ii) where the reference obligation is sovereign debt of the Member State of that ESCB member; (b) position data for derivatives in the currency issued by that member of the ESCB.

13 A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability and whose Member State’s currency is not the euro, with access to all transaction data on derivatives concluded on trading venues or by CCPs and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in a Member State whose currency is not the euro.

14 A trade repository shall provide the ECB, when the latter carries out its tasks within the single supervisory mechanism under Council Regulation (EU) No 1024/2013 , with access to all transaction data on derivatives concluded by counterparties which, within the single supervisory mechanism, are subject to the ECB’s supervision pursuant to that Regulation.

15 A trade repository shall provide a competent authority listed in Article 81(3), points (o) and (p), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives concluded by counterparties that fall under the responsibilities and mandates of that authority.

16 A trade repository shall provide a resolution authority as referred to in Article 81(3), point (m), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives concluded by counterparties that fall under the responsibilities and mandates of that authority.

17 A trade repository shall provide the Single Resolution Board (SRB) with access to all transaction data on derivatives concluded by counterparties that fall under the scope of Regulation (EU) No 806/2014 of the European Parliament and of the Council .

18 A trade repository shall provide an authority supervising a central counterparty (CCP), and the relevant member of the ESCB overseeing that CCP, where applicable, with access to all transaction data on derivatives cleared by that CCP.

1 A trade repository shall carry out the following tasks: (a) designate a person or persons responsible for liaising with the entities listed in Article 81(3) of Regulation (EU) No 648/2012; (b) publish on its website the instructions to be followed by the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to request access to details of transaction data on derivatives; (c) provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with a form referred to in paragraph 2 of this Article; (d) set up access to details of transaction data on derivatives for the entities listed in Article 81(3) of Regulation (EU) No 648/2012, based on information provided in the form referred to in paragraph 2 of this Article; (e) set up the technical arrangements necessary for the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to access details of transaction data on derivatives s in accordance with paragraph 2 of this Article; (f) provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with direct and immediate access to details of derivatives within 30 calendar days after that entity submitted a request for setting up such access.

2 The entity listed in Article 81(3) of Regulation (EU) No 648/2012 shall request access to details of derivatives using a form developed and made available by a trade repository and specifying at least the following information: (a) the name of the entity; (b) the contact person at the entity; (c) legal responsibilities and mandates of the entity; (d) credentials for a secure SSH FTP connection; (e) any other technical information relevant to the access by the entity to details of derivatives; (f) whether the entity is competent for counterparties in its Member State, in the euro area or in the Union; (g) the types of counterparties for which the entity is competent in accordance with the classification in Table 1 of the Annex to Commission Implementing Regulation (EU) 2022/1860; (h) types of underlyings to derivatives for which the entity is competent; (i) the trading venues supervised by the entity, if any; (j) the CCPs supervised or overseen by the entity, if any; (k) the currency issued by the entity, if any; (l) delivery and interconnection points; (m) the benchmarks used in the Union, the administrator of which is under the supervision of the entity; (n) the characteristics of underlyings supervised by the entity; (o) the characteristics of the parties referred to in fields 16 “Clearing member”, 15 “Broker” in Table 1 and field 142 “Reference entity” in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 that are supervised by the entity, if any.’;

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 1(4), points (c) and (d), shall apply from 29 April 2024.