Updated 22/10/2024
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Article 4 - Setting up of the access to details of SFTs

Article 4

Setting up of the access to details of SFTs

1.   A trade repository shall:

(a)

designate a person or persons responsible for liaising with the entities listed in Article 12(2) of Regulation (EU) 2015/2365;

(b)

publish on its website the instructions that the entities listed in Article 12(2) of Regulation (EU) 2015/2365 are to follow to access details of SFTs;

(c)

provide the entities listed in Article 12(2) of Regulation (EU) 2015/2365 with a form as referred to in paragraph 2;

(d)

set up the access to details of SFTs by the entities listed in Article 12(2) of Regulation (EU) 2015/2365 only based on information contained in the form provided;

(e)

set up the technical arrangements necessary for the entities listed in Article 12(2) of Regulation (EU) 2015/2365 to access SFT details in accordance with Article 5.

(f)

provide the entities listed in Article 12(2) of Regulation (EU) 2015/2365 with direct and immediate access to details of SFTs within thirty calendar days after that entity submitted a request for setting up such access;

2.   A trade repository shall prepare a form to be used by the entities listed in Article 12(2) of Regulation (EU) 2015/2365 when submitting a request for setting up access to details of SFT details. That form that shall contain the following entries:

(a)

the name of the entity;

(b)

the contact person at the entity;

(c)

the entity's legal responsibilities and mandates;

(d)

a list of authorised users of the requested details of SFTs;

(e)

credentials for a secure SSH FTP connection;

(f)

any other technical information relevant to the entity's access to details of SFTs.

(g)

whether the entity is competent for counterparties in its Member State, the euro area or the Union;

(h)

the types of counterparties for which the entity is competent as per the classification in Table 1 of Annex I to Implementing Regulation (EU) 2019/363;

(i)

the types of SFT that are supervised by the entity;

(j)

all Member States where the issuer of securities that were borrowed or lent or provided as collateral is supervised by the entity, if any;

(k)

all Member States where the commodities that were borrowed or lent or provided as collateral are supervised by the entity, if any;

(l)

the trading venues that are supervised by the entity, if any;

(m)

the CCPs that are supervised or overseen by the entity, if any;

(n)

the currency that is issued by the entity, if any;

(o)

the benchmarks used in the Union, the administrator of which the entity is competent for, if any.