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.

This tender procedure is for “Installation et fourniture de machines à café, de café et de boissons chaudes”:

All documents related to this call for tender are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities:
•    Submission of questions related to the tender;
•    Notifications related to changes to the tender procedure.
ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.

Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=5803

This tender procedure is for “Provision of Cleaning Services and Supplies”:
All documents related to this call for tender are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities:
•    Submission of questions related to the tender;
•    Notifications related to changes to the tender procedure.
ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.
Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=6912