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Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (Text with EEA relevance)
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There are currently no known outstanding effects by UK legislation for Commission Delegated Regulation (EU) No 149/2013, CHAPTER V.![]()
EUR 2013 No. 149 may be subject to amendment by EU Exit Instruments made by both the Financial Conduct Authority and the Bank of England under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 5. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.
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1.The ESMA public register shall include for each class of OTC derivative contracts subject to the clearing obligation:
(a)the asset class of OTC derivative contracts;
(b)the type of OTC derivative contracts within the class;
(c)the underlyings of OTC derivative contracts within the class;
(d)for underlyings which are financial instruments, an indication of whether the underlying is a single financial instrument or issuer or an index or portfolio;
(e)for other underlyings an indication of the category of the underlying;
(f)the notional and settlement currencies of OTC derivative contracts within the class;
(g)the range of maturities of OTC derivative contracts within the class;
(h)the settlement conditions of OTC derivative contracts within the class;
(i)the range of payment frequency of OTC derivative contracts within the class;
(j)the product identifier of the relevant class of OTC derivative contracts;
(k)any other characteristic required to distinguish one contract in the relevant class of OTC derivative contracts from another.
2.In relation to CCPs that are authorised or recognised for the purpose of the clearing obligation, the ESMA public register shall include for each CCP:
(a)the identification code, in accordance with Article 3 of Implementing Commission Regulation (EU) No 1247/2012(1);
(b)the full name;
(c)the country of establishment;
(d)the competent authority designated in accordance with Article 22 of Regulation (EU) No 648/2012.
3.In relation to the dates from which the clearing obligation takes effect, including any phased-in implementation, the ESMA public register shall include:
(a)the identification of the categories of counterparties to which each phase-in period applies;
(b)any other condition required pursuant to the regulatory technical standards adopted under Article 5(2) of Regulation (EU) No 648/2012, in order for the phase-in period to apply.
4.The ESMA public register shall include the reference of the regulatory technical standards adopted under Article 5(2) of Regulation (EU) No 648/2012, according to which each clearing obligation was established.
5.In relation to the CCP that has been notified to ESMA by the competent authority, the ESMA public register shall include at least:
(a)the identification of the CCP;
(b)the asset class of OTC derivative contracts that are notified;
(c)the type of OTC derivative contracts;
(d)the date of the notification;
(e)the identification of the notifying competent authority.
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