Updated 01/01/2025
In force

Version from: 29/04/2024
Amendments (2)
ESMA12-2121844265-3173
Published: 18/12/2023
Art. 2
ESMA12-2121844265-3254
Published: 01/03/2024
Art. 2
ESMA12-2121844265-3255
Published: 01/03/2024
Art. 2
ESMA70/151/1272
Published: 27/03/2018
Art. 2
ESMA70/151/1350
Published: 28/03/2019
Art. 2
ESMA74-362-2281
Published: 23/10/2023
Art. 2
ESMA74/362/1893
Published: 08/07/2021
Art. 2
ESMA74/362/2281
Published: 14/12/2022
Art. 2
QA37 - EMIR
Status: Final
Updated: 20/05/2021
Art. 2
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EMIR ToolDelegated Regulation 151/2013
Article 2

Article 2 - Granting access to details of derivatives

Article 2

Granting access to details of derivatives

1.  
A trade repository shall make details of derivatives directly and immediately available, in accordance with Articles 2 and 3 of this Regulation, to the entities listed in Article 81(3) of Regulation (EU) No 648/2012, including where delegation agreements exist under Article 28 of Regulation (EU) No 1095/2010.

For the purposes of the first subparagraph, a trade repository shall use the XML format and the template developed in accordance with ISO 20022 methodology.

2.  

A trade repository shall ensure that the details of transaction data on derivatives made accessible to the entities listed in Article 81(3) of Regulation (EU) No 648/2012 in accordance with this Article and pursuant to the timelines set out in Articles 4 and 5 of this Regulation include the following data:

(a) 

the reports of derivatives reported in accordance with Tables 1, 2 and 3 of the Annex to Commission Delegated Regulation (EU) 2022/1855 ( 1 ), including the latest trade states of outstanding derivatives referred to in Article 2(2) of Commission Implementing Regulation (EU) 2022/1860 ( 2 );

(b) 

the relevant details of derivative reports, which the trade repository rejected or warned about during the previous working day and the reasons for their rejection or warning as specified in Commission Delegated Regulation (EU) 2022/1858 ( 3 );

(c) 

the reconciliation status of all reported derivatives for which the trade repository has carried out the reconciliation procedure in accordance with Article 3 of Delegated Regulation (EU) 2022/1855.

3.  
A trade repository shall provide the entities that have several responsibilities or mandates under Article 81(3) of Regulation (EU) No 648/2012 with a single access point to the derivatives covered by those responsibilities and mandates.
4.  
A trade repository shall provide the European Securities and Markets Authority (ESMA) with access to all transaction data on derivatives to exercise competences in accordance with its responsibilities and mandates.
5.  
A trade repository shall provide the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board with access to all transaction data on derivatives.
6.  
A trade repository shall provide the Agency for the Cooperation of Energy Regulators with access to all transaction data on derivatives where the underlying is energy or emission allowances.
7.  
A trade repository shall provide an authority which supervises trading venues with access to all transaction data on derivatives executed on those trading venues.
8.  

A trade repository shall provide a supervisory authority designated pursuant to Article 4 of Directive 2004/25/EC with access to all transaction data on derivatives where the underlying is a security issued by a company that meets one or more of the following conditions:

(a) 

the company is admitted to trading on a regulated market established within the Member State of that authority and the takeover bids on the securities of that company fall under that authority’s supervisory responsibilities and mandates;

(b) 

the company has its registered office or its head office in the Member State of that authority and the takeover bids on the securities of that company fall under that authority’s supervisory responsibilities and mandates;

(c) 

the company is an offeror as defined in Article 2(1), point (c), of Directive 2004/25/EC for the companies as referred to in points (a) and (b) of this paragraph and the consideration it offers includes securities.

9.  
A trade repository shall provide an authority referred to in Article 81(3), point (j), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives for markets, contracts, underlyings, benchmarks and counterparties that fall under the supervisory responsibilities and mandates of that authority.
10.  

A trade repository shall provide the European Central Bank (ECB) and a member of the European System of Central Banks (ESCB), whose Member State’s currency is the euro, with access to the following data:

(a) 

all transaction data on derivatives in either of the following cases:

(i) 

where the reference entity of the derivative is established within a Member State whose currency is the euro and falls under the supervisory responsibilities and mandates of that ESCB member;

(ii) 

where the reference obligation is sovereign debt of a Member State whose currency is the euro;

(b) 

position data for derivatives in euro.

11.  
A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability in the euro area and whose Member State’s currency is the euro, including the ECB, with access to all transaction data on derivatives concluded on trading venues or by central counterparties (CCPs) and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in the euro area.
12.  

A trade repository shall provide a member of the ESCB whose Member State’s currency is not the euro with access to the following data:

(a) 

all transaction data on derivatives in either of the following cases:

(i) 

where the reference entity of the derivative is established within the Member State of that ESCB member and where that entity falls under the supervisory responsibilities and mandates of that ESCB member;

(ii) 

where the reference obligation is sovereign debt of the Member State of that ESCB member;

(b) 

position data for derivatives in the currency issued by that member of the ESCB.

13.  
A trade repository shall provide an authority listed in Article 81(3) of Regulation (EU) No 648/2012 that monitors systemic risks to financial stability and whose Member State’s currency is not the euro, with access to all transaction data on derivatives concluded on trading venues or by CCPs and counterparties that fall under the responsibilities and mandates of that authority when monitoring systemic risks to financial stability in a Member State whose currency is not the euro.
14.  
A trade repository shall provide the ECB, when the latter carries out its tasks within the single supervisory mechanism under Council Regulation (EU) No 1024/2013 ( 4 ), with access to all transaction data on derivatives concluded by counterparties which, within the single supervisory mechanism, are subject to the ECB’s supervision pursuant to that Regulation.
15.  
A trade repository shall provide a competent authority listed in Article 81(3), points (o) and (p), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives concluded by counterparties that fall under the responsibilities and mandates of that authority.
16.  
A trade repository shall provide a resolution authority as referred to in Article 81(3), point (m), of Regulation (EU) No 648/2012 with access to all transaction data on derivatives concluded by counterparties that fall under the responsibilities and mandates of that authority.
17.  
A trade repository shall provide the Single Resolution Board (SRB) with access to all transaction data on derivatives concluded by counterparties that fall under the scope of Regulation (EU) No 806/2014 of the European Parliament and of the Council ( 5 ).
18.  
A trade repository shall provide an authority supervising a central counterparty (CCP), and the relevant member of the ESCB overseeing that CCP, where applicable, with access to all transaction data on derivatives cleared by that CCP.

( 1 ) Commission Delegated Regulation (EU) 2022/1855 of 10 June 2022 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the minimum details of the data to be reported to trade repositories and the type of reports to be used (OJ L 262, 7.10.2022, p. 1).

( 2 ) Commission Implementing Regulation (EU) 2022/1860 of 10 June 2022 laying down implementing technical standards for the application of Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the standards, formats, frequency and methods and arrangements for reporting (OJ L 262, 7.10.2022, p. 68).

( 3 ) Commission Delegated Regulation (EU) 2022/1858 of 10 June 2022 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the procedures for the reconciliation of data between trade repositories and the procedures to be applied by the trade repository to verify the compliance by the reporting counterparty or submitting entity with the reporting requirements and to verify the completeness and correctness of the data reported (OJ L 262, 7.10.2022, p. 46).

( 4 ) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

( 5 ) 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).