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Article 81 - Regulation 648/2012 (EMIR)

Attention! This article was amended after the current consolidated version was issued. The amendments apply since 24/12/2024. Please consult Regulation 2024/2987 to review the changes made to the article.
Attention! This article will be amended on 30/01/2027. Please consult Directive 2025/1 to review the changes that will be made to the article.

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 that the entities referred to in paragraph 3 have direct and immediate access to the details of derivatives contracts they need to fulfil their respective responsibilities and mandates.

3.   A trade repository shall make the necessary information available to the following entities to enable them to fulfil their respective responsibilities and mandates:

(a)

ESMA;

(b)

the ESRB;

(c)

the competent authority supervising CCPs accessing the trade repository;

(d)

the competent authority supervising the trading venues of the reported contracts;

(e)

the relevant members of the ESCB;

(f)

the relevant authorities of a third country that has entered into an international agreement with the Union as referred to in Article 75;

(g)

supervisory authorities appointed under Article 4 of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (32);

(h)

the relevant Union securities and market authorities;

(i)

the relevant authorities of a third country that have entered into a cooperation arrangement with ESMA as referred to in Article 76;

(j)

the Agency for the Cooperation of Energy Regulators.

4.   ESMA shall share the information necessary for the exercise of their duties with other relevant Union authorities.

5.   In order to ensure consistent application of this Article, ESMA shall, after consulting the members of the ESCB, develop draft regulatory technical standards specifying the frequency and the details of the information referred to in paragraphs 1 and 3 as well as operational standards required in order to aggregate and compare data across repositories and for the entities referred to in paragraph 3 to have access to information as necessary. Those draft regulatory technical standards shall aim to ensure that the information published under paragraph 1 is not capable of identifying a party to any contract.

ESMA shall submit those draft regulatory technical standards to the Commission by 30 September 2012.

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.


(32)   OJ L 142, 30.4.2004, p. 12.