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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
10/03/2011 2011/MB/3 Decision of the Management Board- Internal language arrangements , Decision PDF
18.51 KB
10/03/2011 2011/MB/4 Decision of the Management Board- Professional secrecy , Decision PDF
34.68 KB
10/03/2011 ESMA41-140-155 Decision of the Management Board- Code of good administrative behaviour , Decision PDF
179.82 KB
31/05/2011 2011/MB/69 Decision of the Management Board- Access to documents , Decision PDF
201.73 KB
19/12/2011 2011/BS/229 Decision of the European Securities and Markets Authority establishing its Review Panel , , Decision PDF
35.86 KB
This decision establishes the Review Panel of ESMA and sets out its mandate.
02/07/2014 2014/MB/38 Decision on the Financial Regulation of ESMA Decision PDF
392.78 KB
02/07/2014 2014/MB/39 Decision on the Implementing Rules to the Financial Regulation of ESMA Decision PDF
279.01 KB
08/10/2015 2015/MB/49 Summary of Conclusion 23 June 2015 meeting of the Management Board Summary of Conclusions PDF
153.07 KB
30/11/2015 2015/MB/60rev SoC Management Board 23 September 2015 Summary of Conclusions PDF
64.17 KB
16/12/2015 2015/MB/69 SoC 4 November meeting of the Management Board Summary of Conclusions PDF
63.93 KB
29/01/2016 2016/MB/3rev1 SoC Management Board December 2015 Summary of Conclusions PDF
159.29 KB
18/02/2016 2015/SMSG/036 SMSG Advice on ESEF , SMSG Advice PDF
109.63 KB
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.

05/04/2016 2016/MB/18rev1 Summary of conclusions MB meeting 26/01/2016 Summary of Conclusions PDF
207.02 KB
26/05/2016 2016/MB/35rev1 Summary of conclusions MB meeting 22/03/2016 Summary of Conclusions PDF
147.69 KB
01/10/2016 MB/2016/56rev1 Summary of Conclusions Management Board Meeting 24/05/2016 Summary of Conclusions PDF
230.75 KB
10/11/2016 2016/MB/80rev1 Summary of Conclusions Management Board meeting 27/09/2016 Summary of Conclusions PDF
328.13 KB
16/12/2016 2016/MB/90rev1 Summary of Conclusions Management Board meeting 08/11/2016 Summary of Conclusions PDF
229.26 KB
26/01/2017 ESMA40-1432018523-304 Decision- Adopting Rules of Procedure on Professional Secrecy Decision PDF
332.94 KB
30/03/2017 ESMA22-247440098-111 Summary of Conclusions Management Board meeting 25/01/2017 Summary of Conclusions PDF
201.02 KB

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