Article 10
Registration of a securitisation repository
1. A securitisation repository shall register with ESMA for the purposes of Article 5 under the conditions and the procedure set out in this Article.
2. To be eligible to be registered under this Article, a securitisation repository shall be a legal person established in the Union, apply procedures to verify the completeness and consistency of the information made available to it under Article 7(1) of this Regulation, and meet the requirements provided for in Articles 78, 79 and 80(1) to (3), (5) and (6) of Regulation (EU) No 648/2012. For the purposes of this Article, references in Articles 78 and 80 of Regulation (EU) No 648/2012 to Article 9 thereof shall be construed as references to Article 5 of this Regulation.
3. The registration of a securitisation repository shall be effective for the entire territory of the Union.
4. A registered securitisation repository shall comply at all times with the conditions for registration. A securitisation repository shall, without undue delay, notify ESMA of any material changes to the conditions for registration.
5. A securitisation repository shall submit to ESMA either of the following:
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(a) |
an application for registration; |
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(b) |
an application for an extension of registration for the purposes of Article 7 of this Regulation in the case of a trade repository already registered under Chapter 1 of Title VI of Regulation (EU) No 648/2012 or under Chapter III of Regulation (EU) 2015/2365 of the European Parliament and of the Council (30). |
6. ESMA shall assess whether the application is complete within 20 working days of receipt of the application.
Where the application is not complete, ESMA shall set a deadline by which the securitisation repository is to provide additional information.
After having assessed an application as complete, ESMA shall notify the securitisation repository accordingly.
7. In order to ensure consistent application of this Article, ESMA shall develop draft regulatory technical standards specifying the details of all of the following:
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(a) |
the procedures referred to in paragraph 2 of this Article which are to be applied by securitisation repositories in order to verify the completeness and consistency of the information made available to them under Article 7(1); |
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(b) |
the application for registration referred to in point (a) of paragraph 5; |
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(c) |
a simplified application for an extension of registration referred to in point (b) of paragraph 5. |
ESMA shall submit those draft regulatory technical standards to the Commission by 18 January 2019.
The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
8. In order to ensure uniform conditions of application of paragraphs 1 and 2, ESMA shall develop draft implementing technical standards specifying the format of both of the following:
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(a) |
the application for registration referred to in point (a) of paragraph 5; |
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(b) |
the application for an extension of registration referred to in point (b) of paragraph 5. |
With regard to point (b) of the first subparagraph, ESMA shall develop a simplified format avoiding duplicate procedures.
ESMA shall submit those draft implementing technical standards to the Commission by 18 January 2019.
The Commission is empowered to adopt the implementing technical standards referred to in this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
(30) Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).