Updated 01/01/2025
In force

Version from: 29/04/2024
Amendments (11)
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Article 5 - Operational standards for access to data

Article 5

Operational standards for access to data

1.  
A trade repository shall record information regarding the access to data given to the entities listed in Article 81(3) of Regulation (EU) No 648/2012.
2.  

The information referred to in paragraph 1 shall include:

(a) 

the scope of data accessed;

(b) 

a reference to the legal provisions granting access to such data under Regulation (EU) No 648/2012 and this Regulation.

3.  
A trade repository shall establish and maintain the necessary technical arrangements to enable the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to connect using a secure machine-to-machine interface in order to submit data requests and to receive data.

For the purposes of the first subparagraph, a trade repository shall use the SSH File Transfer Protocol. The trade repository shall use standardised XML messages developed in accordance with the ISO 20022 methodology to communicate through that interface. A trade repository may in addition, after agreement with the entity concerned, set up a connection using another mutually agreed protocol.

5.  
A trade repository shall establish and maintain the necessary technical arrangements to enable the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to establish predefined periodic requests to access details of derivatives, as determined in Articles 2 and 3 of this Regulation, necessary for those entities to fulfil their responsibilities and mandates
6.  

Upon request, a trade repository shall provide the entities listed in Article 81(3) of Regulation (EU) No 648/2012 with access to details of derivatives according to any combination of the following fields as referred to in the Annex to Implementing Regulation (EU) 2022/1860:

(a) 

reporting timestamp;

(b) 

counterparty 1;

(c) 

counterparty 2;

(d) 

entity responsible for reporting;

(e) 

corporate sector of counterparty 1;

(f) 

nature of counterparty 1;

(g) 

broker ID;

(h) 

report submitting entity ID;

(i) 

asset class;

(j) 

product classification;

(k) 

contract type;

(l) 

ISIN;

(m) 

Unique Product Identifier;

(n) 

underlying identification;

(o) 

venue of execution;

(p) 

execution timestamp;

(q) 

effective date;

(r) 

valuation timestamp;

(s) 

expiration date;

(t) 

early termination date;

(u) 

CCP;

(v) 

clearing member;

(w) 

level;

(x) 

action type;

(y) 

event type

7.  

A trade repository shall establish and maintain the technical capability to provide direct and immediate access to details of derivatives necessary for the entities listed in Article 81(3) of Regulation (EU) No 648/2012 to fulfil their mandates and responsibilities. That access shall be provided as follows:

(a) 

where an entity listed in Article 81(3) of Regulation (EU) No 648/2012 requests access to details of outstanding derivatives or of derivatives which have either matured or for which reports with action types ‘Error’, ‘Terminate’ or ‘Position Component’ as referred to in field 151 in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 were made or were subject to a report with action type ‘Revive’ not followed by a report with action types ‘Error’ or ‘Terminate’ not more than 1 year before the date on which the request was submitted, a trade repository shall fulfil that request no later than 12:00 Universal Coordinated Time on the first calendar day following the day on which the request to access is submitted;

(b) 

where an entity listed in Article 81(3) of Regulation (EU) No 648/2012 requests access to details of derivatives which have either matured or for which reports with action types ‘Error’, ‘Terminate’ or ‘Position Component’ as referred to in field 151 in Table 2 of the Annex to Implementing Regulation (EU) 2022/1860 were made or were subject to a report with action type ‘Revive’ not followed by a report with action types ‘Error’ or ‘Terminate’ more than 1 year before the date on which the request was submitted, a trade repository shall fulfil that request no later than 3 working days after the request to access is submitted;

(c) 

where a request to access data by an entity listed in Article 81(3) of Regulation (EU) No 648/2012 relates to derivatives falling under both points (a) and (b) of this paragraph, the trade repository shall provide details of those derivatives no later than 3 working days after that request to access is submitted.

8.  
A trade repository shall confirm receipt and verify the correctness and completeness of any request to access data submitted by the entities listed in Article 81(3) of Regulation (EU) No 648/2012. It shall notify those entities of the result of that verification no later than sixty minutes after the submission of the request.
9.  
A trade repository shall use electronic signature and data encryption protocols to ensure the confidentiality, integrity, and protection of the data made available to the entities listed in Article 81(3) of Regulation (EU) No 648/2012.