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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
31/03/2016 2016/408 Decision to adopt a supervisory measure taking the form of a public notice and to impose a fine in accordance with Statement of Findings in accordance with Articles 64(5), 65, 67 and 73 of Regulation (EC) No 648/2012 EMIR Decision PDF
62.47 KB

Decision to adopt a supervisory measure taking the form of a public notice and to impose a fine in accordance with Statement of Findings in accordance with Articles 64(5), 65, 67 and 73 of Regulation (EC) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories

Public notice regarding negligent breach by DTCC Derivatives Repository Ltd of its legal obligation to ensure immediate access for regulators to data reported under EMIR

DTCC Derivatives Repository Ltd (‘DDRL’) is a trade repository registered in the European Union and is part of the DTCC group which includes a number of companies providing post-trading services to the global financial services industry. DDRL was registered by ESMA as a trade repository under Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (‘EMIR’) on 7 November 2013. ESMA has responsibilities for the supervision and enforcement of provisions under EMIR concerning DDRL and other trade repositories registered in the EU.

In May 2014, ESMA’s supervisory team became aware of delays in providing regulators with access to data reported to DDRL under EMIR. Following further examination, the supervisory team formed the view that there were serious indications of the possible existence of facts liable to constitute one or more of the infringements listed in EMIR. The matter was accordingly referred to an independent investigation officer (the ‘IIO’). The IIO considered the evidence referred to him and conducted further investigations, before submitting his findings to ESMA’s Board of Supervisors (the ‘ESMA Board’).

Based on the findings of the IIO and the evidence put before it, the ESMA Board found on 23 March 2016 that an examination of the facts showed that DDRL had committed the following infringement under EMIR and had done so negligently. DDRL committed an  infringement of EMIR by not allowing regulators and supervisors direct and immediate access to the details of derivatives contracts they need to fulfil their responsibilities and mandates.

02/05/2016 2016/666 Opinion on draft RTS 2 non-equity transparency Opinion PDF
193.79 KB
02/05/2016 2016/666 ANNEX Annex- Opinion on draft RTS 2 non-equity transparency Opinion PDF
633.28 KB
02/05/2016 2016/668 Opinion on draft RTS 21 position limits Opinion PDF
152.8 KB
02/05/2016 2016/668 ANNEX Annex- Opinion on draft RTS 21 position limits Opinion PDF
124.02 KB
30/05/2016 2016/730 Opinion on draft RTS 20 on ancillary activity Opinion PDF
148.29 KB
30/05/2016 2016/730 ANNEX Annex- Opinion on draft RTS 20 on ancillary activity Opinion PDF
220.42 KB
06/08/2020 ESMA 70-155-9767 Opinion on position limits on CEGH VTP Opinion PDF
306.8 KB
06/08/2020 ESMA-70-155-10052 Opinion on position limits on PSV Opinion PDF
233.92 KB
06/08/2020 ESMA-70-155-10053 Opinion on position limits on PEG Opinion PDF
233.69 KB
24/10/2017 ESMA-70-155-1818 MiFID II position limits on aluminium contracts Opinion PDF
130.07 KB
20/03/2019 ESMA-70-155-5287 Position limit notification for Hungarian Future Opinion PDF
537.44 KB
06/08/2020 ESMA-70-155-9763 Opinion on position limits on GPL Opinion PDF
233.61 KB
03/06/2020 ESMA70-154-165 Opinion on third-country trading venues for the purpose of transparency under MiFID II / MiFIR Opinion PDF
102.28 KB
13/07/2017 ESMA70-154-270 Opinion to support supervisory convergence in the area of secondary markets in the context of the United Kingdom withdrawing from the European Union , , Opinion PDF
181.69 KB
22/12/2017 ESMA70-154-884 ESMA opinion on ancillary activity under MiFID II – market size calculation Opinion
02/10/2018 ESMA70-154-884 Opinion on the ancillary activity calculations Opinion
06/08/2020 ESMA70-155-10195 Opinion on position limits on Panamax freight contracts revised limit Opinion PDF
222.85 KB
06/08/2020 ESMA70-155-10206 Opinion on position limits on Capesize TC5 Freight contracts revised limit Opinion PDF
245.79 KB
06/08/2020 ESMA70-155-10339 Opinion on position limits on Supramax TC 10 freight contracts Opinion PDF
251.21 KB

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