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 details of SFTs and shall ensure that the following entities have direct and immediate access to these details to enable them to fulfil their respective responsibilities and mandates:
(a)
ESMA;
(b)
the European Supervisory Authority (European Banking Authority) (‘EBA’);
(c)
the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (‘EIOPA’);
(d)
the ESRB;
(e)
the competent authority supervising the trading venues of the reported transactions;
(f)
the relevant members of the ESCB, including the European Central Bank (ECB) in carrying out its tasks within a single supervisory mechanism under Regulation (EU) No 1024/2013;
(g)
the relevant authorities of a third country in respect of which an implementing act pursuant to Article 19(1) has been adopted;
(h)
supervisory authorities designated under Article 4 of Directive 2004/25/EC of the European Parliament and of the Council ( 8 );
(i)
the relevant Union securities and market authorities whose respective supervisory responsibilities and mandates cover transactions, markets, participants and assets which fall within the scope of this Regulation;
(j)
the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council ( 9 );
(k)
the resolution authorities designated under Article 3 of Directive 2014/59/EU of the European Parliament and the Council ( 10 );
(l)
the Single Resolution Board established by Regulation (EU) No 806/2014 of the European Parliament and of the Council ( 11 );
(m)
the authorities referred to in Article 16(1);
(n)
the resolution authorities designated under Article 3 of Regulation (EU) 2021/23 of the European Parliament and of the Council ( 12 ).
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.
( 8 ) Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (OJ L 142, 30.4.2004, p. 12).
( 9 ) Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).
( 10 ) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).
( 11 ) Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for 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).
( 12 ) Regulation (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).