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The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018

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Reporting obligation

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19.—(1) Article 9 is amended as follows.

(2) For paragraph 3 substitute—

3.  Except where the FCA has suspended the reporting obligation under paragraph 3A, where a trade repository is not available to record the details of a derivative contract:

(a)counterparties and CCPs shall ensure that such details are reported to the FCA; and

(b)the FCA shall ensure that all the relevant entities referred to in paragraph 3 of Article 81 have access to all the details of derivative contracts they need to fulfil their respective responsibilities and mandates

3A.  The FCA may suspend the reporting obligation in paragraph 1. Before it does so it must:

(a)provide a report to the Treasury setting out its reasons for suspending the reporting obligation;

(b)specify a date:

(i)on which the suspension of that obligation will end;

(ii)by which it anticipates counterparties and CCPs will be able to report details of any derivative contracts as set out in paragraph 3; and

(c)consult the Treasury and the Bank of England.

3B.  The FCA may, with the consent of the Treasury, suspend the reporting obligation under paragraph 3A for a period of up to one year or such longer period as the Treasury may by regulations specify.

3C.  Details of any derivative contracts that counterparties and CCPs have concluded, and of any modification or termination of the contract, that have not been reported to a trade repository in accordance with the reporting obligation in paragraph 1 must be reported by those counterparties and CCPs to a trade repository following the end of the suspension of the reporting obligation in paragraph 3a by no later than the end of the period specified by the FCA for this purpose..

(3) In paragraph 4, for “ESMA” substitute “the FCA”.

(4) For paragraph 5 substitute—

5.  The Bank of England may make technical standards for CCPs, and the FCA may make technical standards for all other cases specifying the details and type of the reports referred to in paragraphs 1 and 3 for the different classes of derivatives.

The reports referred to in paragraphs 1 and 3 shall specify at least:

(a)the parties to the derivative contract and, where different, the beneficiary of the rights and obligations arising from it;

(b)the main characteristics of the derivative contracts, including their type, underlying maturity, notional value, price, and settlement date..

(5) For paragraph 6 substitute—

6.  The Bank of England may make technical standards for CCPs, and the FCA may make technical standards in all other cases specifying:

(a)the format and frequency of the reports referred to in paragraphs 1 and 3 for the different classes of derivatives;

(b)the date by which derivative contracts are to be reported, including any phase-in for contracts entered into before the reporting obligation applies..

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