CHAPTER VIIIRISK-MITIGATION TECHNIQUES FOR OTC DERIVATIVE CONTRACTS NOT CLEARED BY A CCP

Article 19(Article 11(14)(d) of Regulation (EU) No 648/2012)Details of the intragroup transaction notification to ESMA

1.

The notification by a competent authority of the details of the intragroup transaction shall be submitted to ESMA in writing:

(a)

within one month of the receipt of the notification with respect to a notification under Article 11(7) or (9) of Regulation (EU) No 648/2012;

(b)

within one month from the decision being submitted to the counterparty with respect to a decision of the competent authority under Article 11(6), (8) or (10) of Regulation (EU) No 648/2012.

2.

The notification to ESMA shall include:

(a)

the information listed in Article 18;

(b)

whether there is a positive or a negative decision;

(c)

in the case of a positive decision:

  1. (i)

    a summary of the reason for considering that the conditions set in Article 11(6), (7), (8), (9) or (10) of Regulation (EU) No 648/2012 as applicable are fulfilled;

  2. (ii)

    whether the exemption is a full exemption or a partial exemption with respect to of a notification related to Article 11(6), (8) or (10) of Regulation (EU) No 648/2012;

(d)

in the case of a negative decision:

  1. (i)

    the identification of the conditions of Article 11(6), (7), (8), (9) or (10) of Regulation (EU) No 648/2012 as applicable that are not fulfilled;

  2. (ii)

    a summary of the reason for considering that such conditions are not fulfilled.