Article 13
(Article 11(14)(a) of Regulation (EU) No 648/2012)
Portfolio reconciliation
1.
Financial and non-financial counterparties to an OTC derivative contract shall agree in writing or other equivalent electronic means with each of their counterparties on the arrangements under which portfolios shall be reconciled. Such agreement shall be reached before entering into the OTC derivative contract.
2.
Portfolio reconciliation shall be performed by the counterparties to the OTC derivative contracts with each other or by a qualified third party duly mandated to this effect by a counterparty. The portfolio reconciliation shall cover key trade terms that identify each particular OTC derivative contract and shall include at least the valuation attributed to each contract in accordance with Article 11(2) of Regulation (EU) No 648/2012.
3.
In order to identify at an early stage any discrepancy in a material term of the OTC derivative contract, including its valuation, the portfolio reconciliation shall be performed:
(a)
for a financial counterparty or a non-financial counterparty referred to in Article 10 of Regulation (EU) No 648/2012:
(i)
each business day when the counterparties have 500 or more OTC derivative contracts outstanding with each other;
(ii)
once per week when the counterparties have between 51 and 499 OTC derivative contracts outstanding with each other at any time during the week;
(iii)
once per quarter when the counterparties have 50 or less OTC derivative contracts outstanding with each other at any time during the quarter;
(b)
for a non-financial counterparty not referred to in Article 10 of Regulation (EU) No 648/2012:
(i)
once per quarter when the counterparties have more than 100 OTC derivative contracts outstanding with each other at any time during the quarter;
(ii)
once per year when the counterparties have 100 or less OTC derivative contracts outstanding with each other.