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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
20/02/2015 2015/SMSG/005 SMSG advice paper on PRIIPS SMSG Advice PDF
362.86 KB
03/03/2015 2015/SMSG/011 SMSG Advice – The Use of Credit Ratings by Financial Intermediaries Article 5(a) of the CRA Regulation SMSG Advice PDF
219.99 KB
27/03/2015 2015/SMSG/016 SMSG Advice on cross-selling SMSG Advice PDF
92.49 KB
19/05/2015 2015/SMSG/017 PART I SMSG Contribution to the Green Paper on CMU- PART I SMSG Advice PDF
274.66 KB
19/05/2015 2015/SMSG/017 PART II SMSG Contribution to the Green Paper on CMU- PART II SMSG Advice PDF
384.44 KB
19/05/2015 2015/SMSG/017 PART III SMSG Contribution to the Green Paper on CMU- PART III SMSG Advice PDF
470.85 KB
18/09/2015 2015/SMSG/023 SMSG reply to the ESAs_PRIIPS_Key information document PRIIPs_final SMSG Advice PDF
662.2 KB
29/09/2015 2015/SMSG/025 SMSG Position Paper MAR SMSG Advice PDF
158.23 KB
18/09/2015 2015/SMSG/026 Advice on Proxy advisors SMSG Advice PDF
206.54 KB
18/02/2016 2015/SMSG/036 SMSG Advice on ESEF , SMSG Advice PDF
109.63 KB
24/07/2015 2015/SMSG/20 SMSG Advice on Assessment of Knowledge and Competence in the Context of MiFID II SMSG Advice PDF
362.66 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.

06/02/2016 2016/SMSG/006 SMSG Opinion Paper on PRIIPs Regulation – Performance Measures SMSG Advice PDF
101.82 KB
13/04/2016 2016/SMSG/010 SMSG Advice MAR Guidelines SMSG Advice PDF
152.68 KB
10/05/2016 2016/SMSG/011 SMSG Advice on ESMA's DP on the validation and review of CRAs’ methodologies SMSG Advice PDF
75.25 KB
14/06/2016 2016/SMSG/014 SMSG Position Paper on Supervisory Convergence SMSG Advice PDF
174.38 KB
16/12/2016 2016/SMSG/022 SMSG Advice- Response to ESMA’s Consultation Paper on Draft technical standards under the Benchmarks Regulation SMSG Advice PDF
165.4 KB
17/01/2017 2016/SMSG/024 SMSG Advice- Response to ESMA’s Consultation Paper on MiFID II product governance SMSG Advice PDF
202.01 KB
04/04/2018 ESMA 22-106-897 SMSG comments on the Commission proposals regarding the operation of the ESAs’ Stakeholder Groups SMSG Advice PDF
120.92 KB
11/11/2015 ESMA/2015/SMSG/031 Advice on sound remuneration under UCITS and AIFMD SMSG Advice PDF
123.3 KB