Commission Delegated Regulation (EU) 2017/104

of 19 October 2016

amending Delegated Regulation (EU) No 148/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Article 9(5) thereof,

Whereas:

(1) Commission Delegated Regulation (EU) No 148/2013(2) sets out details of data to be reported and obliges counterparties to ensure that data reported is agreed between both parties to a trade.

(2) It is important to also acknowledge that a central counterparty (CCP) acts as a party to a derivative contract. Accordingly, where an existing contract is subsequently cleared by a CCP, it should be reported as terminated and the new contract resulting from clearing should be reported.

(3) Where a derivative contract is composed of a combination of derivative contracts, the competent authorities need to understand the characteristics of each of the derivative contracts concerned. Since competent authorities also need to be able to understand the overall context, it should also be apparent from the transaction report that the transaction is part of an overall strategy. Therefore, derivative contracts relating to a combination of derivative contracts should be reported in separate legs for each derivative contract with an internal identifier to provide a linkage between the legs.

(4) In the case of derivative contracts composed of a combination of derivative contracts which need to be reported in more than one report, it may be difficult to determine how the relevant information about the contract should be allocated across reports and thus how many reports should be submitted. Therefore, counterparties should agree on the number of reports to be submitted to report such a contract.

(5) In order to properly monitor concentration of exposures and systemic risk, it is crucial to ensure that complete and accurate information on exposure and collateral exchanged between two counterparties is submitted to trade repositories. Therefore, it is essential that counterparties report valuations of derivative contracts according to a common methodology. Furthermore, it is equally important to require reporting of posted and received initial and variation margins.

(6) In order to provide the competent authorities with complete information about real exposures of counterparties in all classes of derivatives, it is essential to set out the reporting requirements with respect to the details of credit derivatives as well as of collateral exchanged by the counterparties. Moreover, in order to enable the reporting parties to comply with their reporting obligations in the standardised and harmonised way, further clarifications are required with respect to descriptions of the existing fields.

(7) Delegated Regulation (EU) No 148/2013 should therefore be amended accordingly.

(8) It is appropriate to amend the reporting requirements with respect to the details of data to be reported. Counterparties and trade repositories should therefore be granted sufficient time to take all necessary actions to comply with the amended requirements

(9) This Regulation is based on draft regulatory technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

(10) In accordance with Article 10 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council(3), ESMA has conducted open public consultations on such draft regulatory technical standards, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group referred to in Article 37 of that Regulation,

HAS ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

C1Regulation: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pts. 1, 3; S.I. 2023/779, reg. 2(d)

Article 1U.K.

Delegated Regulation (EU) No 148/2013 is amended as follows:

(1)

Paragraph 2 of Article 1 is replaced by the following;

2.The details and information referred to in paragraph 1 shall be reported within a single report.

By way of derogation from the first subparagraph, the details and information referred to in paragraph 1 shall be reported in separate reports where the following conditions apply:

(a)the derivative contract is composed of a combination of derivative contracts;

(b)the fields in the Tables of the Annex do not allow for the effective reporting of the details and information of the derivative contract referred to in point (a).

Counterparties to a derivative contract composed of a combination of derivative contracts shall agree, before the reporting deadline, on the number of separate reports to be sent to a trade repository in relation to that derivative contract.

The reporting counterparty shall link the separate reports by an identifier that is unique at the level of the counterparty to the group of transaction reports, in accordance with field 14 in Table 2 of the Annex.;

(2)

Articles 2 and 3 are replaced by the following:

Article 2Cleared trades

1.Where a derivative contract whose details have already been reported pursuant to Article 9 of Regulation (EU) No 648/2012 is subsequently cleared by a CCP, that contract shall be reported as terminated by specifying in field 93 in Table 2 of the Annex the action type “Early Termination”, and new contracts resulting from clearing shall be reported.

2.Where a contract is both concluded on a trading venue and cleared on the same day, only the contracts resulting from clearing shall be reported.

Article 3Reporting of exposures

1.The data on collateral required in accordance with Table 1 of the Annex shall include all posted and received collateral in accordance with fields 21 to 35 in Table 1 of the Annex.

2.Where a counterparty does not collateralise on a transaction level basis, counterparties shall report to a trade repository collateral posted and received on a portfolio basis in accordance with fields 21 to 35 in Table 1 of the Annex.

3.Where the collateral related to a contract is reported on a portfolio basis, the reporting counterparty shall report to the trade repository a code identifying the portfolio related to the reported contract in accordance with field 23 in Table 1 of the Annex.

4.Non-financial counterparties other than those referred to in Article 10 of Regulation (EU) No 648/2012 shall not be required to report collateral, mark-to-market, or mark-to-model valuations of the contracts set out in Table 1 of the Annex to this Regulation.

5.For contracts cleared by a CCP, the counterparty shall report the valuation of the contract provided by the CCP in accordance with fields 17 to 20 in Table 1 of the Annex.

6.For contracts not cleared by a CCP, the counterparty shall report, in accordance with fields 17 to 20 in Table 1 of the Annex to this Regulation, the valuation of the contract performed in accordance with the methodology defined in International Financial Reporting Standard 13 Fair Value Measurement as adopted by the Union and referred to in the Annex to Commission Regulation (EC) No 1126/2008(4).;

(3)

the following Article 3a is inserted:

Article 3aNotional amount

1.The notional amount of a derivative contract referred to in field 20 in Table 2 of the Annex shall be specified as follows:

(a)in the case of swaps, futures and forwards traded in monetary units, the reference amount from which contractual payments are determined in derivatives markets;

(b)in the case of options, calculated using the strike price;

(c)in the case of financial contracts for difference and derivative contracts relating to commodities designated in units such as barrels or tons, the resulting amount of the quantity at the relevant price set in the contract;

(d)in the case of derivative contracts where the notional amount is calculated using the price of the underlying asset and such price is only available at the time of settlement, the end of day price of the underlying asset at the date of conclusion of the contract.

2.The initial report of a derivative contract whose notional amount varies over time shall specify the notional amount as applicable at the date of conclusion of the derivative contract.;

(4)

Article 4 is replaced by the following:

Article 4Reporting log

Modifications to the data registered in trade repositories shall be kept in a log identifying the person or persons that requested the modification, including the trade repository itself if applicable, the reason or reasons for such modification, a date and timestamp and a clear description of the changes, including the old and new contents of the relevant data as set out in field 93 in Table 2 of the Annex.;

(5)

the Annex is replaced with the text set out in the Annex to this Regulation.

Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 November 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 October 2016.

For the Commission

The President

Jean-Claude Juncker

ANNEXU.K.

‘ANNEX Details to be reported to trade repositories

Table 1

Counterparty Data

a

Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

FieldDetails to be reported
Parties to the contract
1Reporting timestampDate and time of reporting to the trade repository.
2Reporting Counterparty IDUnique code identifying the reporting counterparty of the contract.
3Type of ID of the other CounterpartyType of the code used to identify the other Counterparty.
4ID of the other Counterparty

Unique code identifying the other counterparty of the contract.

This field shall be filled from the perspective of the reporting counterparty. In case of a private individual a client code shall be used in a consistent manner.

5Country of the other CounterpartyThe code of country where the registered office of the other counterparty is located or country of residence in case that the other counterparty is a natural person.
6Corporate sector of the reporting counterparty

Nature of the reporting counterparty's company activities.

If the Reporting Counterparty is a Financial Counterparty, this field shall contain all necessary codes included in the Taxonomy for Financial Counterparties and applying to that Counterparty.

If the Reporting Counterparty is a Non-Financial Counterparty, this field shall contain all necessary codes included in the Taxonomy for Non-Financial Counterparties and applying to that Counterparty.

Where more than one activity is reported, the codes shall be populated in order of the relative importance of the corresponding activities.

7Nature of the reporting counterpartyIndicate if the reporting counterparty is a CCP, a financial, non-financial counterparty or other type of counterparty in accordance with point 5 of Article 1 or points 1, 8 and 9 of Article 2 of Regulation (EU) No 648/2012 of the European Parliament and of the Councila.
8Broker IDIn the case a broker acts as intermediary for the reporting counterparty without becoming a counterparty himself, the reporting counterparty shall identify this broker by a unique code.
9Report submitting entity ID

In the case where the reporting counterparty has delegated the submission of the report to a third party or to the other counterparty, this entity has to be identified in this field by a unique code.

Otherwise this field shall be left blank.

10Clearing member IDIn the case where the derivative contract is cleared and the reporting counterparty is not a clearing member itself, the clearing member through which the derivative contract is cleared shall be identified in this field by a unique code.
11Type of ID of the BeneficiaryType of the code used to identify the Beneficiary.
12Beneficiary ID

The party subject to the rights and obligations arising from the contract.

Where the transaction is executed via a structure, such as a trust or fund, representing a number of beneficiaries, the beneficiary should be identified as that structure.

Where the beneficiary of the contract is not a counterparty to this contract, the reporting counterparty has to identify this beneficiary by a unique code or, in case of a private individual, by a client code used in a consistent manner as assigned by the legal entity used by the private individual.

13Trading capacityIdentifies whether the reporting counterparty has concluded the contract as principal on own account (on own behalf or behalf of a client) or as agent for the account of and on behalf of a client.
14Counterparty sideIdentifies whether the reporting counterparty is a buyer or a seller.
15Directly linked to commercial activity or treasury financing

Information on whether the contract is objectively measurable as directly linked to the reporting counterparty's commercial or treasury financing activity, as referred to in Article 10(3) of Regulation (EU) No 648/2012.

This field shall be left blank in the case where the reporting counterparty is a financial counterparty, as referred to in Article 2(8) of Regulation (EU) No 648/2012.

16Clearing threshold

Information whether the reporting counterparty is above the clearing threshold referred to in Article 10(3) of Regulation (EU) No 648/2012.

This field shall be left blank in case the reporting counterparty is a financial counterparty, as referred to in Article 2(8) of Regulation (EU) No 648/2012.

17Value of contractMark to market valuation of the contract, or mark to model valuation where applicable under Article 11(2) of Regulation (EU) No 648/2012. The CCP's valuation to be used for a cleared trade.
18Currency of the valueThe currency used for the valuation of the contract.
19Valuation timestampDate and time of the last valuation. For mark-to-market valuation the date and time of publishing of reference prices shall be reported.
20Valuation typeIndicate whether valuation was performed mark to market, mark to model or provided by the CCP.
21CollateralisationIndicate whether a collateral agreement between the counterparties exists.
22Collateral portfolio

Whether the collateralisation was performed on a portfolio basis.

Portfolio means the collateral calculated on the basis of net positions resulting from a set of contracts, rather than per trade.

23Collateral portfolio codeIf collateral is reported on a portfolio basis, the portfolio should be identified by a unique code determined by the reporting counterparty.
24Initial margin posted

Value of the initial margin posted by the reporting counterparty to the other counterparty.

Where initial margin is posted on a portfolio basis, this field should include the overall value of initial margin posted for the portfolio.

25Currency of the initial margin postedSpecify the currency of the initial margin posted.
26Variation margin posted

Value of the variation margin posted, including cash settled, by the reporting counterparty to the other counterparty.

Where variation margin is posted on a portfolio basis, this field should include the overall value of variation margin posted for the portfolio.

27Currency of the variation margins postedSpecify the currency of variation margin posted.
28Initial margin received

Value of the initial margin received by the reporting counterparty from the other counterparty.

Where initial margin is received on a portfolio basis, this field should include the overall value of initial margin received for the portfolio.

29Currency of the initial margin receivedSpecify the currency of the initial margin received.
30Variation margin received

Value of the variation margin received, including cash settled, by the reporting counterparty from the other counterparty.

Where variation margin is received on a portfolio basis, this field should include the overall value of variation margin received for the portfolio.

31Currency of the variation margins receivedSpecify the currency of the variation margin received.
32Excess collateral postedValue of collateral posted in excess of the required collateral.
33Currency of the excess collateral postedSpecify the currency of the excess collateral posted.
34Excess collateral receivedValue of collateral received in excess of the required. Collateral
35Currency of the excess collateral receivedSpecify the currency of the excess collateral received.

Table 2

Common Data

a

Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 1).

b

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).

c

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 (OJ L OJ L 52, 23.2.2013, p. 11).’

FieldDetails to be reportedApplicable types of derivative contracts
Section 2a — Contract type All contracts
1Contract typeEach reported contract shall be classified according to its type.
2Asset classEach reported contract shall be classified according to the asset class it is based on.
Section 2b — Contract information All contracts
3Product classification typeThe type of relevant product classification.
4Product classification

For products identified through International Securities Identification Number (ISIN) or Alternative Instrument Identifier (AII), Classification of Financial Instruments (CFI) code shall be specified.

For products for which ISIN or AII are not available, endorsed Unique Product Identifier (UPI) shall be specified. Until UPI is endorsed those products shall be classified with CFI code.

5Product identification typeThe type of relevant product identification.
6Product identification

The product shall be identified through ISIN or AII. AII shall be used if a product is traded in a trading venue classified as AII in the register published on ESMA's website and set up on the basis of information provided by competent authorities pursuant to Article 13(2) of Commission Regulation (EC) No 1287/2006a.

AII shall only be used until the date of application of the delegated act adopted by the Commission pursuant to Article 27(3) of Regulation (EU) No 600/2014 of the European Parliament and of the Councilb.

7Underlying identification typeThe type of relevant underlying identifier.
8Underlying identification

The direct underlying shall be identified by using a unique identification for this underlying based on its type.

AII shall only be used until the date of application of the delegated act adopted by the Commission pursuant to Article 27(3) of Regulation (EU) No 600/2014.

For Credit Default Swaps, the ISIN of the reference obligation should be provided.

In case of baskets composed, among others, of financial instruments traded in a trading venue, only financial instruments traded in a trading venue shall be specified.

9Notional currency 1

The currency of the notional amount.

In the case of an interest rate or currency derivative contract, this will be the notional currency of leg 1.

10Notional currency 2

The other currency of the notional amount.

In the case of an interest rate or currency derivative contract, this will be the notional currency of leg 2.

11Deliverable currencyThe currency to be delivered.
Section 2c — Details on the transaction All contracts
12Trade IDUntil global UTI is available, a Unique Trade ID agreed with the other counterparty.
13Report tracking numberA unique number for the group of reports which relate to the same execution of a derivative contract.
14Complex trade component ID

Identifier, internal to the reporting firm, to identify and link all the reports related to the same derivative contract composed of a combination of derivative contracts. The code must be unique at the level of the counterparty to the group of transaction reports resulting from the derivative contract.

Field applicable only where a firm executes a derivative contract composed of two or more derivative contracts and where this contract cannot be adequately reported in a single report.

15Venue of execution

The venue of execution of the derivative contract shall be identified by a unique code for this venue.

Where a contract was concluded OTC and the respective instrument is admitted to trading or traded on a trading venue, MIC code “XOFF” shall be used.

Where a contract was concluded OTC and the respective instrument is not admitted to trading or traded on a trading venue, MIC code “XXXX” shall be used.

16CompressionIdentify whether the contract results from a compression operation as defined in Article 2(1)(47) of Regulation (EU) No 600/2014.
17Price/rateThe price per derivative excluding, where applicable, commission and accrued interest.
18Price notationThe manner in which the price is expressed.
19Currency of priceThe currency in which the Price/rate is denominated.
20NotionalThe reference amount from which contractual payments are determined. In case of partial terminations, amortisations and in case of contracts where the notional, due to the characteristics of the contract, varies over time, it shall reflect the remaining notional after the change took place.
21Price multiplierThe number of units of the financial instrument which are contained in a trading lot; for example, the number of derivatives represented by the contract.
22Quantity

Number of contracts included in the report.

For spread bets, the quantity shall be the monetary value wagered per point movement in the direct underlying financial instrument.

23Up-front paymentAmount of any up-front payment the reporting counterparty made or received.
24Delivery typeIndicates whether the contract is settled physically or in cash.
25Execution timestampDate and time when the contract was executed.
26Effective dateDate when obligations under the contract come into effect.
27Maturity date

Original date of expiry of the reported contract.

An early termination shall not be reported in this field.

28Termination dateTermination date in the case of an early termination of the reported contract.
29Settlement date

Date of settlement of the underlying.

If more than one, further fields may be used.

30Master Agreement typeReference to any master agreement, if existent (e.g. ISDA Master Agreement; Master Power Purchase and Sale Agreement; International ForEx Master Agreement; European Master Agreement or any local Master Agreements).
31Master Agreement versionReference to the year of the master agreement version used for the reported trade, if applicable (e.g. 1992, 2002, etc.).
Section 2d — Risk mitigation/Reporting All contracts
32Confirmation timestampDate and time of the confirmation, as set out in Article 12 of Commission Delegated Regulation (EU) No 149/2013c.
33Confirmation meansWhether the contract was electronically confirmed, non-electronically confirmed or remains unconfirmed.
Section 2e — Clearing All contracts
34Clearing obligationIndicates, whether the reported contract belongs to a class of OTC derivatives that has been declared subject to the clearing obligation and both counterparties to the contract are subject to the clearing obligation under Regulation (EU) No 648/2012, as of the time of execution of the contract.
35ClearedIndicates, whether clearing has taken place.
36Clearing timestampTime and date when clearing took place.
37CCPIn the case of a contract that has been cleared, the unique code for the CCP that has cleared the contract.
38IntragroupIndicates whether the contract was entered into as an intragroup transaction, defined in Article 3 of Regulation (EU) No 648/2012.
Section 2f — Interest Rates Interest rate derivatives
39Fixed rate of leg 1An indication of the fixed rate leg 1 used, if applicable.
40Fixed rate of leg 2An indication of the fixed rate leg 2 used, if applicable.
41Fixed rate day count leg 1The actual number of days in the relevant fixed rate leg 1 payer calculation period, if applicable.
42Fixed rate day count leg 2The actual number of days in the relevant fixed rate leg 2 payer calculation period, if applicable.
43Fixed rate payment frequency leg 1 — time periodTime period describing frequency of payments for the fixed rate leg 1, if applicable.
44Fixed rate payment frequency leg 1 — multiplierMultiplier of the time period describing frequency of payments for the fixed rate leg 1, if applicable.
45Fixed rate payment frequency leg 2 — time periodTime period describing frequency of payments for the fixed rate leg 2, if applicable.
46Fixed rate payment frequency leg 2 — multiplierMultiplier of the time period describing frequency of payments for the fixed rate leg 2, if applicable.
47Floating rate payment frequency leg 1 — time periodTime period describing frequency of payments for the floating rate leg 1, if applicable.
48Floating rate payment frequency leg 1 — multiplierMultiplier of the time period describing frequency of payments for the floating rate leg 1, if applicable.
49Floating rate payment frequency leg 2 — time periodTime period describing frequency of payments for the floating rate leg 2, if applicable.
50Floating rate payment frequency leg 2 — multiplierMultiplier of the time period describing frequency of payments for the floating rate leg 2, if applicable.
51Floating rate reset frequency leg 1 — time periodTime period describing frequency of floating rate leg 1 resets, if applicable.
52Floating rate reset frequency leg 1 — multiplierMultiplier of the time period describing frequency of floating rate leg 1 resets, if applicable.
53Floating rate reset frequency leg 2 — time periodTime period of frequency of floating rate leg 2 resets, if applicable.
54Floating rate reset frequency leg 2 — multiplierMultiplier of the time period describing frequency of floating rate leg 2 resets, if applicable.
55Floating rate of leg 1An indication of the interest rates used which are reset at predetermined intervals by reference to a market reference rate, if applicable.
56Floating rate reference period leg 1 — time periodTime period describing the reference period for the floating rate of leg 1.
57Floating rate reference period leg 1 — multiplierMultiplier of the time period describing the reference period for the floating rate of leg 1.
58Floating rate of leg 2An indication of the interest rates used which are reset at predetermined intervals by reference to a market reference rate, if applicable.
59Floating rate reference period leg 2 — time periodTime period describing the reference period for the floating rate of leg 2.
60Floating rate reference period leg 2 — multiplierMultiplier of the time period describing the reference period for the floating rate of leg 2.
Section 2g — Foreign Exchange Currency derivatives
61Delivery currency 2The cross currency, if different from the currency of delivery.
62Exchange rate 1The exchange rate as of the date and time when the contract was concluded. It shall be expressed as a price of base currency in the quoted currency.
63Forward exchange rateForward exchange rate as agreed between the counterparties in the contractual agreement It shall be expressed as a price of base currency in the quoted currency.
64Exchange rate basisQuote base for exchange rate.
Section 2h — Commodities and emission allowances Commodity and emission allowance derivatives
General
65Commodity baseIndicates the type of commodity underlying the contract.
66Commodity detailsDetails of the particular commodity beyond field 65.
EnergyFields 67-77 apply only to derivative contracts related to natural gas and electricity delivered in the Union.
67Delivery point or zoneDelivery point(s) of market area(s).
68Interconnection PointIdentification of the border(s) or border Point(s) of a transportation contract.
69Load typeIdentification of the delivery profile.
Repeatable section of fields 70-77
70Load delivery intervalsThe time interval for each block or shape.
71Delivery start date and timeStart date and time of delivery.
72Delivery end date and timeEnd date and time of delivery.
73DurationThe duration of the delivery period.
74Days of the weekThe days of the week of the delivery.
75Delivery capacityDelivery capacity for each delivery interval specified in field 70.
76Quantity UnitDaily or hourly quantity in MWh or kWh/d which corresponds to the underlying commodity.
77Price/time interval quantitiesIf applicable, price per quantity per delivery time interval.
Section 2i — Options Contracts that contain an option
78Option type

Indication as to whether the derivative contract is a call (right to purchase a specific underlying asset) or a put (right to sell a specific underlying asset) or whether it cannot be determined whether it is a call or a put at the time of execution of the derivative contract.

  • In case of swaptions it shall be:

  • “Put”, in case of receiver swaption, in which the buyer has the right to enter into a swap as a fixed-rate receiver,

  • “Call”, in case of payer swaption, in which the buyer has the right to enter into a swap as a fixed-rate payer.

  • In case of Caps and Floors it shall be:

  • “Put”, in case of a Floor,

  • “Call”, in case of a Cap.

79Option exercise styleIndicates whether the option may be exercised only at a fixed date (European, and Asian style), a series of pre-specified dates (Bermudan) or at any time during the life of the contract (American style).
80Strike price (cap/floor rate)The strike price of the option.
81Strike price notationThe manner in which the strike price is expressed.
82Maturity date of the underlyingIn case of swaptions, maturity date of the underlying swap.
Section 2j — Credit derivatives
83SeniorityInformation on the seniority in case of contract on index or on a single name entity.
84Reference entityIdentification of the underlying reference entity.
85Frequency of paymentThe frequency of payment of the interest rate or coupon.
86The calculation basisThe calculation basis of the interest rate.
87SeriesThe series number of the composition of the index if applicable.
88VersionA new version of a series is issued if one of the constituents defaults and the index has to be re-weighted to account for the new number of total constituents within the index.
89Index factor

The factor to apply to the Notional (Field 20) to adjust it to all the previous credit events in that Index series.

The figure varies between 0 and 100.

90TrancheIndication whether a derivative contract is tranched.
91Attachment pointThe point at which losses in the pool will attach to a particular tranche.
92Detachement pointThe point beyond which losses do not affect the particular tranche.
Section 2k — Modifications to the contract
93Action type

Whether the report contains:

  • a derivative contract for the first time, in which case it will be identified as “new”,

  • a modification to the terms or details of a previously reported derivative contract, but not a correction of a report, in which case it will be identified as “modify”. This includes an update to a previous report that is showing a position in order to reflect new trades included in that position,

  • a cancellation of a wrongly submitted entire report in case the contract never came into existence or was not subject to Regulation (EU) No 648/2012 reporting requirements but was reported to a trade repository by mistake, in which case, it will be identified as “error”,

  • an early termination of an existing contract, in which case it will be identified as “early termination”,

  • a previously submitted report contains erroneous data fields, in which case the report correcting the erroneous data fields of the previous report shall be identified as “correction”,

  • a compression of the reported contract, in which case it will be identified as “compression”,

  • an update of a contract valuation or collateral, in which case it will be identified as “valuation update”;

  • a derivative contract that is to be reported as a new trade and also included in a separate position report on the same day, in which case it will be identified as a “position component”. This value will be equivalent to reporting a new trade followed by an update to that report showing it as compressed.

94Level

Indication whether the report is done at trade or position level.

Position level report can be used only as a supplement to trade level reporting to report post-trade events and only if the individual trades in fungible products have been replaced by the position.

(2)

Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (OJ L 52, 23.2.2013, p. 1).

(3)

Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

(4)

Commission Regulation (EC) No 1126/2008 of 3 November 2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (OJ L 320, 29.11.2008, p. 1).’;