Consultation on draft RTS and ITS under SFTR and amendments to related EMIR RTS
Responding to this paper
The European Securities and Markets Authority (ESMA) invites responses to the specific questions listed in Draft RTS and ITS under SFTR and amendments to related EMIR RTS, published on the ESMA website.
Instructions
Please note that, in order to facilitate the analysis of the large number of responses expected, you are requested to use this file to send your response to ESMA so as to allow us to process it properly. Therefore, ESMA will only be able to consider responses which follow the instructions described below:
- use this form and send your responses in Word format (pdf documents will not be considered except for annexes);
- do not remove the tags of type < ESMA_QUESTION_SFTR_1> - i.e. the response to one question has to be framed by the 2 tags corresponding to the question; and
- if you do not have a response to a question, do not delete it and leave the text “TYPE YOUR TEXT HERE” between the tags.
Responses are most helpful:
- if they respond to the question stated;
- contain a clear rationale, including on any related costs and benefits; and
- describe any alternatives that ESMA should consider
SFTR Tables
Where you provide specific feedback on the reporting fields for securities financing transactions, this should be included in the Excel file marked SFTR Tables. Please use the naming convention as outlined below.
Naming protocol
In order to facilitate the handling of stakeholders responses please save your document using the following format:
ESMA_CP_SFTR_NAMEOFCOMPANY_NAMEOFDOCUMENT.
E.g. if the respondent were XXXX, the name of the reply form would be:
ESMA_CP_SFTR_XXXX_REPLYFORM or
ESMA_CP_SFTR_XXXX_ANNEX1
Deadline
Responses must reach us by 30 November 2016.
All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input/Consultations’.
ESMA has found a clerical mistake in the Consultation paper published on 30 September 2016. In particular, there are some instances in the explanatory text, in particular on pages 85, 87, 88, 92 and 96, where the deadline for reporting of the collateral component of an SFT is erroneously indicated as taking place on value date + 1. The timeline for reporting of the details of the collateral component of an SFT is value date, as included in Article 5 of the draft technical standards under Article 4(10) of SFTR on page 254. In similar way the reporting of availability for reuse, mentioned on page 108, refers to value date.