emendrix

Art. 81

European Market Infrastructure Regulation · 32012R0648 · every event for this act · on EUR-Lex

Transparency and data availability

8 changes recorded across 8 events, newest first.

in force 2024-12-24 MODIFIED+91 −8

Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671

applies from: unchanged

The list of entities to whom a trade repository must make information available now includes a new point (t), covering national authorities entrusted with the conduct of macroprudential policy.

Point (r), listing the resolution authorities designated under Article 3 of Regulation (EU) 2021/23, ends with a semicolon rather than a full stop in order to connect to the newly added point (t).

Cited: Art. 81, v2 · Art. 81, v1

text before / after

02012R0648-2022081202012R0648-20241224

Article 81 Transparency and data availability 1. A trade repository shall regularly, and in an easily accessible way, publish aggregate positions by class of derivatives on the contracts reported to it. 2. A trade repository shall collect and maintain data and shall ensure … 428 unchanged words … designated in accordance with Article 10(5) of this Regulation; (q) the relevant authorities of a third country in respect of which an implementing act pursuant to Article 76a has been adopted; (r) the resolution authorities designated under Article 3 of Regulation (EU) 2021/23. 2021/23; (t) the national authorities entrusted with the conduct of macroprudential policy. A trade repository shall transmit data to competent authorities in accordance with the requirements under Article 26 of Regulation (EU) No 600/2014 Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).. 4. ESMA shall share the information necessary for the exercise of their duties with other relevant Union authorities. 5. In order to ensure the consistent application of this Article, ESMA shall, after consulting the members of the ESCB, develop draft regulatory technical standards specifying the following: (a) the information to be published or made available in accordance with paragraphs 1 and 3; (b) the frequency of publication of the information referred to in paragraph 1; (c) the operational standards required to aggregate and compare data across trade repositories and for the entities referred to in paragraph 3 to access that information; (d) the terms and conditions, the arrangements and the required documentation under which trade repositories grant access to the entities referred to in paragraph 3. ESMA shall submit those draft regulatory technical standards to the Commission by 18 June 2020. In developing those draft regulatory technical standards, ESMA shall ensure that the publication of the information referred to paragraph 1 does not reveal the identity of any party to any contract. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

in force 2022-08-12 MODIFIED

Amended by Regulation (EU) 2021/23 32021R0023

applies from: unchanged

Point (q) of Article 81(3)(1) now ends with a semicolon rather than a full stop, and a new point (r) has been added naming the resolution authorities designated under Article 3 of Regulation (EU) 2021/23 as an entity to which a trade repository must make necessary information available.

Cited: Art. 81, v2 · Art. 81, v1

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in force 2020-06-18 MODIFIED

Amended by Regulation (EU) 2019/834 32019R0834

applies from: unknown

Sources disagree, and there is no text on either side — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships marked disputed.

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in force 2019-12-18 MODIFIED

Amended by Regulation (EU) 2019/834 32019R0834

applies from: unknown

Sources disagree, and there is no text on either side — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships marked disputed.

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in force 2019-06-17 MODIFIED

Amended by Regulation (EU) 2019/834 32019R0834

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2020-06-18 · dates removed: 2012-09-30

A new point (q) has been added to paragraph 3, extending the list of entities to which a trade repository must make information available to include relevant authorities of a third country in respect of which an implementing act pursuant to Article 76a has been adopted.

Paragraph 5 has been restructured so that the content of the regulatory technical standards ESMA must develop is now broken into four listed items covering the information to be published or made available, the frequency of publication, the operational standards for aggregating and comparing data and access, and the terms, conditions, arrangements and documentation for granting access, replacing the single continuous description used before.

The deadline for ESMA to submit those draft regulatory technical standards to the Commission has been changed from 30 September 2012 to 18 June 2020, the wording on non-identification of contract parties has been rephrased, and the delegation of power to the Commission now refers to supplementing this Regulation rather than simply adopting the standards.

Cited: Art. 81, v2 · Art. 81, v1

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in force 2017-01-03 MODIFIED

Amended by Regulation (EU) No 600/2014 32014R0600

applies from: unchanged

A new sentence has been added at the end of paragraph 3, stating that a trade repository shall transmit data to competent authorities in accordance with the requirements under Article 26 of Regulation (EU) No 600/2014.

This sentence does not appear in the earlier version of Article 81.

Cited: Art. 81, v2 · Art. 81, v1

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in force 2016-01-12 MODIFIED

Amended by Regulation (EU) 2015/2365 32015R2365

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2009-07-13, 2013-10-15

The list of entities entitled to receive necessary information under paragraph 3 has been expanded, adding EBA and EIOPA and inserting new points covering the ECB acting within the single supervisory mechanism, the Single Resolution Board, various competent or national competent authorities under specified regulations and directives, and the competent authorities designated under Article 10(5) of the Regulation.

The lettering of the existing points was shifted to accommodate the new entries, and several entries received added statutory citations, such as the reference to Regulation (EC) No 713/2009 for the Agency for the Cooperation of Energy Regulators and the reference to Council Regulation (EU) No 1024/2013 for the ECB.

The entry on the relevant Union securities and market authorities was narrowed to those whose supervisory responsibilities and mandates cover contracts, markets, participants and underlyings falling within the scope of the Regulation.

Cited: Art. 81, v2 · Art. 81, v1

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in force 2014-07-02 MODIFIED

Amended by Directive 2014/59/EU 32014L0059 · Regulation (EU) 2017/610 32017R0610

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2014-05-15

The list of entities to which a trade repository must make necessary information available now includes a new point (k) covering resolution authorities designated under Article 3 of Directive 2014/59/EU, alongside a citation to that directive.

Point (j), which previously ended the list with the Agency for the Cooperation of Energy Regulators, is unchanged in substance but is followed by this new addition rather than closing the list.

Cited: Art. 81, v2 · Art. 81, v1

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