Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data Text with EEA relevance

• CELEX: Delegated Regulation (EU) No 151/2013
• Articles: 6

Article 1 Publication of aggregate data

1.   Trade repositories shall publish data provided for in Article 81(1) of Regulation (EU) No 648/2012, including at least:

(a)

a breakdown of the aggregate open positions per derivative class as follows:

(i)

commodities;

(ii)

credit;

(iii)

foreign exchange;

(iv)

equity;

(v)

interest rate;

(vi)

other;

(b)

a breakdown of aggregate transaction volumes per derivative class as follows:

(i)

commodities;

(ii)

credit;

(iii)

foreign exchange;

(iv)

equity;

(v)

interest rate;

(vi)

other;

(c)

a breakdown of aggregate values per derivative class, as follows:

(i)

commodities;

(ii)

credit;

(iii)

foreign exchange;

(iv)

equity;

(v)

interest rate;

(vi)

other.

2.   The data shall be published on a website or an online portal which is easily accessible by the public and updated at least weekly.

Article 2 Data access by relevant authorities

1.   A trade repository shall provide access to all transaction data to the European Securities and Markets Authority (ESMA) for the purpose of fulfilling its supervisory competences.

2.   ESMA shall enact internal procedures in order to ensure the appropriate staff access and any relevant limitations of access as regards non-supervisory activities under ESMA’s mandate.

3.   A trade repository shall provide the Authority for the Cooperation of Energy Regulators (ACER) with access to all transaction data regarding derivatives where the underlying is energy or emission allowances.

4.   A trade repository shall provide a competent authority supervising a CCP and the relevant member of the European System of Central Banks (ESCB) overseeing the CCP, where applicable, with access to all the transaction data cleared or reported by the CCP.

5.   A trade repository shall provide a competent authority supervising the venues of execution of the reported contracts with access to all the transaction data on contracts executed on those venues.

6.   A trade repository shall provide a supervisory authority appointed under Article 4 of Directive 2004/25/EC with access to all the transaction data on derivatives where the underlying is a security issued by a company which meets one of the following conditions:

(a)

it is admitted to trading on a regulated market within their jurisdiction;

(b)

it has its registered office or, where it has no registered office, its head office, in their jurisdiction;

(c)

it is an offeror for the entities provided for in points (a) or (b) and the consideration it offers includes securities.

7.   The data to be provided in accordance with paragraph 6 shall include information on:

(a)

the underlying securities;

(b)

the derivative class;

(c)

the sign of the position;

(d)

the number of reference securities;

(e)

the counterparties to the derivative.

8.   A trade repository shall provide the relevant Union securities and markets authorities referred to in Article 81(3)(h) of Regulation (EU) No 648/2012 with access to all transaction data on markets, participants, contracts and underlyings that fall within the scope of that authority according to its respective supervisory responsibilities and mandates.

9.   A trade repository shall provide the European Systemic Risk Board, ESMA and the relevant members of the ESCB with transaction level data:

(a)

for all counterparties within their respective jurisdictions;

(b)

for derivatives contracts where the reference entity of the derivative contract is located within their respective jurisdiction or where the reference obligation is sovereign debt of the respective jurisdiction.

10.   A trade repository shall provide a relevant ESCB member with access to position data for derivatives contracts in the currency issued by that member.

11.   A trade repository shall provide, for the prudential supervision of counterparties subject to the reporting obligation, the relevant entities listed in Article 81(3) of Regulation (EU) No 648/2012 with access to all transaction data of such counterparties.

Article 3 Third country authorities

1.   In relation to a relevant authority of a third country that has entered into an international agreement with the Union as referred to in Article 75 of Regulation (EU) No 648/2012, a trade repository shall provide access to the data, taking account of the third country authority’s mandate and responsibilities and in line with the provisions of the relevant international agreement.

2.   In relation to a relevant authority of a third country that has entered into a cooperation arrangement with ESMA as referred to in Article 76 of Regulation (EU) No 648/2012, a trade repository shall provide access to the data, taking account of the third country authority’s mandate and responsibilities and in line with the provisions of the relevant cooperation arrangement.

Article 4 Operational standards for aggregation and comparison of data

1.   A trade repository shall provide access to the entities listed in Article 81(3) of Regulation (EU) No 648/2012 in accordance with communication procedures, standards for messaging and reference data that are commonly used at international level.

2.   The counterparties to a trade shall generate a unique trade identifier for each derivative contract to enable trade repositories to aggregate and compare data across different trade repositories.

Article 5 Operational standards for access to data

1.   A trade repository shall record information regarding the access to data given to the entities listed in Article 81(3) of Regulation (EU) No 648/2012.

2.   The information referred to in paragraph 1 shall include:

(a)

the scope of data accessed;

(b)

a reference to the legal provisions granting access to such data under Regulation (EU) No 648/2012 and this Regulation.

Article 6 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .