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|03/01/2013||2012/874||Report to the European Parliament, the Council and the Commission on the budgetary implications of Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)||Post Trading||Final Report||PDF
|02/10/2013||2013/1370||Technical advice on third country regulatory equivalence under EMIR – India||Post Trading||Final Report||PDF
|02/10/2013||2013/1375||Technical advice on third country regulatory equivalence under EMIR – Canada||Post Trading||Final Report||PDF
|02/10/2013||2013/1374||Technical advice on third country regulatory equivalence under EMIR – Switzerland (Supplement)||Post Trading||Final Report||PDF
|08/01/2015||2015/20||ESMA review of CCP colleges under EMIR||Post Trading||Final Report||PDF
|13/08/2015||2015/1254||EMIR Review Report no.4- ESMA input as part of the Commission consultation on the EMIR Review||Post Trading||Final Report||PDF
|13/08/2015||2015/1253||EMIR Review Report no.3- Review on the segregation and portability requirements||Post Trading||Final Report||PDF
|13/08/2015||2015/1252||EMIR Review Report no.2- Review on the efficiency of margining requirements to limit procyclicality||Post Trading||Final Report||PDF
|13/08/2015||2015/1251||EMIR Review Report no.1- Review on the use of OTC derivatives by non-financial counterparties||Post Trading||Final Report||PDF
|13/11/2015||2015/1645||Final report EMIR Article 9 RTS ITS||Post Trading||Final Report||PDF
|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||Trade Repositories||Decision||PDF
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||2016/429||Review of Article 26 of RTS No 153/2013 with respect to MPOR for client accounts||Post Trading||Final Report||PDF
Reasons for publication
In relation to the draft amended technical standards, ESMA consulted stakeholders on two occasions: the first consultation on a Discussion Paper (DP) was conducted from 27 August to 30 September 2015; the second, on the consultation paper (CP) including the proposed draft RTS was carried out from 14 December 2015 to 1st February 2016.
ESMA received a strong support from the respondents to the CP on the proposed amendment introducing the possibility for EU CCPs to margin on a one day gross basis for clients’ accounts. The responses to the consultation confirm that a one day gross account structure provides a sufficient level of protection to the CCPs and to the clients.
On the proposed conditions linked to this type of account, the majority of the respondents are of the view that they are needed to ensure the safety of the CCPs. Some clarifications or slight amendments have been introduced following the comments received, in particular on intraday margins calls and on entities belonging to the same group as clearing members.
|05/04/2016||2016/422||Final Report RTS on access aggregation and comparison of TR data under Art.81 of EMIR||Post Trading||Final Report||PDF
|26/05/2016||2016/725||Draft RTS on indirect clearing arrangements under EMIR and MiFIR||Guidelines and Technical standards, Post Trading, MiFID - Secondary Markets||Final Report||PDF
|21/04/2017||ESMA70-151-223||Final Report on technical advice to EC on fees to TRs under SFTR and on certain amendments to fees to TRs under EMIR||Post Trading||Final Report||PDF
|10/07/2017||ESMA70-151-370||Final report on draft technical standards on data to be made publicly available by TRs under Article 81 of EMIR||Post Trading||Final Report||PDF