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Provision history · EMIR

Art. 79 · Operational reliability

European Market Infrastructure Regulation · 32012R0648 · every version of this act · on EUR-Lex (external, EUR-Lex)

1 change recorded across 1 version, newest first.

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Version in force , Modified +225 −196

Amended by Regulation (EU) 2022/2554 32022R2554 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Paragraph 1 now specifies that the systems, controls and procedures a trade repository develops to identify and minimise operational risk sources include ICT systems managed in accordance with Regulation (EU) 2022/2554, and describes those systems as being developed 'also through' rather than simply 'through' such development, dropping the separate sentence on reliability, security and capacity to handle information.

Paragraph 2 adds that the business continuity policy and disaster recovery plan must include an ICT business continuity policy and ICT response and recovery plans established under Regulation (EU) 2022/2554, and removes the earlier sentence requiring the plan to at least provide for backup facilities.

Cited: Art. 79, v1 (external, EUR-Lex) · Art. 79, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 24 December 2024 02012R0648-20241224 → this version, in force 17 January 2025 02012R0648-20250117

Article 79 Operational reliability 1. A trade repository shall identify sources of operational risk and minimise them also through the development of appropriate systems, controls and procedures. Such procedures, including ICT systems shall be reliable and secure and have adequate capacity to handle the information received. managed in accordance with Regulation (EU) 2022/2554. 2. A trade repository shall establish, implement and maintain an adequate business continuity policy and disaster recovery plan including ICT business continuity policy and ICT response and recovery plans established in accordance with Regulation (EU) 2022/2554, aiming at ensuring to ensure the maintenance of its functions, the timely recovery of operations and the fulfilment of the trade repository’s obligations. Such a plan shall at least provide for the establishment of backup facilities. 3. A trade repository from which registration has been withdrawn shall ensure orderly substitution including the transfer of data to other trade repositories and the redirection of reporting flows to other trade repositories.