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Commission Delegated Regulation (EU) 2019/356Show full title

Commission Delegated Regulation (EU) 2019/356 of 13 December 2018 supplementing Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to regulatory technical standards specifying the details of securities financing transactions (SFTs) to be reported to trade repositories (Text with EEA relevance)

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Commission Delegated Regulation (EU) 2019/356

of 13 December 2018

supplementing Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to regulatory technical standards specifying the details of securities financing transactions (SFTs) 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) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012(1), and in particular Article 4(9) thereof,

Whereas:

(1)To increase efficiency and leverage similarities between the reporting of derivatives and the reporting of securities financing transactions (‘SFTs’), the obligation to report the details of SFTs to trade repositories pursuant to Article 4 of Regulation (EU) 2015/2365 should be aligned with the obligation to report derivative transactions to trade repositories pursuant to Article 9 of Regulation (EU) No 648/2012 of the European Parliament and of the Council(2). The reporting requirements that specify the details of SFTs should therefore be similar to the reporting requirements that specify the details of derivative contracts.

(2)To ensure the efficiency and usefulness of reported information on SFTs, the specific details of the SFTs to be reported should be adapted to the different types of SFTs identified in Regulation (EU) 2015/2365. With regards to reporting margin lending transactions, the purpose of Regulation (EU) 2015/2365 is to capture transactions that serve the same purpose as repurchase transactions, buy-sell back transactions or securities lending transactions and therefore pose similar risks to financial stability by allowing the build-up of leverage, pro-cyclicality and interconnectedness in financial markets or by contributing to liquidity and maturity transformation. While margin lending therefore includes transactions subject to margin agreements between financial institutions and their clients where financial institutions provide prime brokerage services to their clients, it does not include other loans such as loans for corporate restructuring purposes which, despite the possibility of involving securities, do not contribute to the systemic risks addressed by Regulation (EU) 2015/2365.

(3)It is important that the details of any SFT cleared by a central counterparty are correctly reported and can be easily identified, irrespective of whether that SFT was cleared on the same date or on a later date than the date on which that SFT was concluded.

(4)To ensure comprehensive reporting where specific details of the collateral are not known on the day of the trade, counterparties should update information on the collateral as soon as that information becomes available to the counterparties, and no later than the working day following the value date of that SFT.

(5)To provide more useful information to the authorities that access the details of SFTs in trade repositories, counterparties should report to the trade repositories the International Securities Identification Number (‘ISIN’) of any collateral basket they use to provide collateral to an SFT, if that basket has an ISIN.

(6)Where counterparties provide collateral on a net exposure basis, resulting from the offsetting of a number of SFTs between two counterparties, a specific allocation of collateral to an individual SFT is often not possible, and hence the collateral allocation may not be known. In those situations, counterparties should be able to report collateral independently of the underlying loan.

(7)This Regulation is based on the draft regulatory technical standards submitted by the European Securities and Markets Authority (‘ESMA’) to the Commission pursuant to the procedure in Article 10 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council(3).

(8)ESMA has conducted open public consultations on these draft regulatory technical standards, analysed the potential related costs and benefits and requested the opinion of the ESMA Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010,

HAS ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

C1The “appropriate regulator” has power to make such provision as they consider appropriate by means of an instrument in writing to prevent, remedy or mitigate any failure of the provisions of this Regulation to operate effectively or any other deficiency arising from the withdrawal of the United Kingdom from the EU, see The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 5 (as amended (25.10.2019) by The Financial Services (Miscellaneous) (Amendment) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1390), regs. 1(3), 8(6)) (with saving on IP completion day by S.I. 2019/680, regs. 1(2), 11; 2020 c. 1, Sch. 5 para. 1(1))

C2Regulation: 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.Details of SFTs to be reported

1.A report made pursuant to Article 4(1) of Regulation (EU) 2015/2365 shall include the complete and accurate details set out in Tables 1, 2, 3 and 4 of the Annex that pertain to the SFT concerned.

2.When reporting the conclusion of an SFT, a counterparty shall specify in its report the action type ‘New’ in Field 98 in Table 2 of the Annex to this Regulation. Any subsequent reports of the details of that SFT shall specify in Field 98 in Table 2 of the Annex to this Regulation the relevant action type that relates to that SFT.

Article 2U.K.SFTs cleared by central counterparties

1.An SFT whose details have already been reported pursuant to Article 4(1) of Regulation (EU) 2015/2365 and which is subsequently cleared by a central counterparty, shall be reported, once cleared, as terminated by specifying in Field 98 of Table 2 of the Annex the action type ‘Termination/Early Termination’, and the new SFTs resulting from the clearing shall be reported.

2.An SFT that is concluded on a trading venue and that is cleared by a central counterparty on the same day shall only be reported after that SFT has been cleared.

3.A counterparty shall, for the margin posted or received for a cleared SFT, report the details set out in Table 3 of the Annex to this Regulation and specify the relevant action type laid down in Field 20 of that Table of the Annex.

Article 3U.K.Collateral reporting

1.Counterparties to a securities or commodities lending or a securities or commodities borrowing transaction that agree that no collateral shall be provided, shall specify this in Field 72 of Table 2 of the Annex.

2.Where the collateral of an SFT is linked to an individual loan and the details of the collateral are known by the counterparty by the reporting deadline, the counterparty shall specify the complete and accurate details of all of the individual collateral components of that SFT in Fields 75 to 94 of Table 2 of the Annex when reporting this SFT for the first time with the action type ‘New’ in Field 98 of Table 2 of the Annex.

3.Where the collateral of an SFT is linked to an individual loan, but the details of the collateral are not known by the counterparty by the reporting deadline, the counterparty shall specify, with the action type ‘Collateral update’ in Field 98 of Table 2 of the Annex, the complete and accurate details of all of the individual collateral components of that SFT in Fields 75 to 94 of Table 2 of the Annex as soon as they are known and no later than the working day following the value date specified in Field 13 of Table 2 of the Annex.

4.A counterparty collateralising one or more SFTs with a collateral basket that is identified by an International Securities Identification Number (‘ISIN’), shall specify the ISIN in Field 96 of Table 2 of the Annex when reporting it with the action type ‘New’ in Field 98 of Table 2 of the Annex.

5.A counterparty collateralising one or more SFTs with a collateral basket that is not identified by an ISIN, shall specify the code ‘NTAV’ in Field 96 of Table 2 of the Annex when reporting the SFT with the action type ‘New’ in Field 98 of Table 2 of the Annex.

6.For the purpose of paragraphs 4 and 5, the counterparty shall also specify, with the action type ‘Collateral update’ in Field 98 of Table 2 of the Annex, the complete and accurate details of all the individual collateral components of that SFT in Fields 75 to 94 of Table 2 of the Annex as soon as those details are known and no later than the working day following the value date specified in Field 13 of Table 2 of the Annex.

7.A counterparty collateralising several SFTs on a net exposure basis shall specify the value ‘true’ in Field 73 of Table 2 of the Annex. That counterparty shall specify, with the action type ‘Collateral update’ in Field 98 of Table 2 of the Annex, the complete and accurate details of all of the individual collateral components of these SFTs in Fields 75 to 94 of Table 2 of the Annex as soon as those details are known and no later than the working day following the value date specified in Field 13 of Table 2 of the Annex.

Article 4U.K.Reporting of reuse of collateral

1.A counterparty receiving one or several financial instruments as collateral in a SFT shall specify the complete and accurate details of any reuse of each of those financial instruments in Fields 7, 8 and 9 of Table 4 of the Annex.

2.A counterparty receiving cash as collateral in a SFT shall specify the complete and accurate details of all cash collateral reinvestment for each currency in Fields 11, 12 and 13 of Table 4 of the Annex.

Article 5U.K.Entry into force

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

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

Done at Brussels, 13 December 2018.

For the Commission

The President

Jean-Claude Juncker

ANNEXU.K.

Table 1

Counterparty data

a

Commission Implementing Regulation (EU) 2019/363 of 13 December 2018 laying down implementing technical standards with regard to the format and frequency of reports on the details of securities financing transactions (SFTs) to trade repositories in accordance with Regulation (EU) 2015/2365 of the European Parliament and of the Council and amending Implementing Regulation (EU) No 1247/2012 with regard to the use of reporting codes in the reporting of derivative contracts (See page 85 of this Official Journal).

b

Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).

NoFieldDetails to be reportedRepoBSBSLML
1Reporting timestampDate and time of submission of the report to the trade repository.YYYY
2Report submitting entityUnique code identifying the entity which submits the report. Where the submission of the report has been delegated to a third party or to the other counterparty, a unique code identifying that entity.YYYY
3Reporting counterpartyUnique code identifying the reporting counterparty.YYYY
4Nature of the reporting counterpartyIndication of whether the reporting counterparty is a financial or non-financial counterparty.YYYY
5Sector of the reporting counterparty

One or more codes that classify the nature of the reporting counterparty's business activities.

Where the reporting counterparty is a financial counterparty, all relevant codes included in the taxonomy for financial counterparties and applying to that counterparty.

Where the reporting counterparty is a non-financial counterparty, all relevant 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 specified in order of the relative importance of the corresponding activities.

YYYY
6Additional sector classification

Where the reporting counterparty is an Undertaking for Collective Investment in Transferable Securities (UCITS) or Alternative Investment Fund (AIF), a code that determines whether it is an Exchange-Traded Fund (ETF) or a Money Market Fund (MMF)

Where the reporting counterparty is an Alternative Investment Fund (AIF) or a non-financial counterparty undertaking financial and insurance activities or real estate activities, a code that determines whether it is a Real Estate Investment Trust (REIT)

YYYY
7Branch of the reporting counterpartyWhere the reporting counterparty concludes an SFT through a branch office, the code identifying the branch.YYYY
8Branch of the other counterpartyWhere the other counterparty concludes an SFT through a branch office, the code identifying the branch.YYYY
9Counterparty sideIndication of whether the reporting counterparty is a collateral provider or a collateral taker in accordance with Article 4 of the Commission Implementing Regulation (EU) 2019/363aYYYY
10Entity responsible for the report

Where a financial counterparty is responsible for reporting on behalf of the other counterparty in accordance with Article 4(3) of Regulation (EU) No 2365/2015 of the Parliament and of the Councilb, the unique code identifying that financial counterparty.

Where a management company is responsible for reporting on behalf of an Undertaking for Collective Investment in Transferable Securities (UCITS) in accordance with Article 4(3) of that Regulation the unique code identifying that management company.

Where an Alternative Investment Fund Manager (AIFM) is responsible for reporting on behalf of an Alternative Investment Fund (AIF) in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that AIFM.

YYYY
11Other counterpartyUnique code identifying the entity with which the reporting counterparty concluded the SFT. In case of a private individual, a client code shall be specified in a consistent manner.YYYY
12Country of the other CounterpartyCode of the country where the registered office of the other counterparty is located or code of the country of residence in case that the other counterparty is a natural person.YYYY
13BeneficiaryWhere the beneficiary of the contract is not a counterparty to this contract, the reporting counterparty has to identify this beneficiary by specifying a unique code or, in case of a private individual, by specifying a client code used in a consistent manner as assigned by the legal entity used by that private individual.YYYN
14Tri-party agentUnique code identifying the third party to which the reporting counterparty has outsourced the post-trade processing of an SFT (if applicable).YYYN
15BrokerUnique code of the entity that acts as intermediary for the reporting counterparty without becoming a counterparty to the SFT itself. For securities lending transactions, a broker does not include the agent lender.YYYN
16Clearing memberWhere the trade is cleared, unique code identifying the responsible clearing member of the reporting counterparty.YYYN
17Central Securities Depository (‘CSD’) participant or indirect participant

Unique code of the CSD participant or indirect participant of the reporting counterparty.

Where both the CSD participant and indirect participant are involved in the transaction, the code of the indirect participant.

This field is not applicable to commodities.

YYYN
18Agent lenderUnique code of the agent lender involved in the securities lending transaction.YNYN

Table 2

Loan and collateral data

NoFieldDetails to be reportedRepoBSBSLML
1Unique Transaction Identifier (‘UTI’)Unique reference assigned to the SFT in order to identify the trade.YYYY
2Report tracking number

In the case of transactions resulting from clearing, the prior UTI, namely the UTI of the original bilateral transaction shall be reported. However, the prior UTI is not required to be reported by counterparties that are central counterparties (‘CCP's’) which have cleared the SFT.

Where an SFT was executed on a trading venue and cleared on the same day, a number generated by the trading venue and unique to that execution.

YYYN
3Event dateDate on which the reportable event relating to the SFT and captured by the report took place. In the case of action types ‘Valuation update’, ‘Collateral update’, ‘Reuse update’, ‘Margin update’, the date for which the information contained in the report is provided.YYYY
4Type of SFTType of SFT transaction as defined in paragraphs (7) to (10) of Article 3 of Regulation (EU) No 2365/2015.YYYY
5ClearedIndication of whether central clearing has taken place.YYYN
6Clearing timestampTime and date when clearing took place.YYYN
7CCPWhere a contract has been cleared, the unique code for the CCP that has cleared the contract.YYYN
8Trading venue

Unique code identifying the venue of execution of the SFT.

Where the SFT was concluded over the counter and it is admitted to trading, the MIC code ‘XOFF’.

Where the SFT was concluded over the counter and it is not admitted to trading, the MIC code ‘XXXX’.

YYYN
9Master agreement typeReference to the master agreement type under which the counterparties concluded a SFT.YYYN
10Other master agreement typeName of the master agreement. This field shall only be completed where ‘OTHR’ is reported in field 9.YYYN
11Master agreement versionReference to the year of the master agreement relevant to the reported trade, if applicable.YYYN
12Execution timestampDate and time when the SFT was executed.YYYY
13Value date (Start date)Date contractually agreed between the counterparties for the exchange of cash, securities, or commodities versus collateral for the opening leg (spot leg) of the SFT.YYYN
14Maturity date (End date)Date contractually agreed between the counterparties for the exchange of cash, securities, or commodities versus collateral for the closing leg (forward leg) of the SFT. This information shall not be reported for open term repos.YYYN
15Termination dateTermination date in the case of a full early termination of the SFT.YYYY
16Minimum notice periodMinimum number of business days that one of the counterparties has to inform the other counterparty of the termination of the transaction.YNNN
17Earliest call-back dateEarliest date that the cash lender has the right to call back a portion of the funds or to terminate the transaction.YNNN
18General collateral Indicator

Indication of whether the SFT is subject to a general collateral arrangement. In the case of a securities lending transaction, the field refers to securities provided as collateral, and not to the security provided on loan.

The code ‘GENE’ shall be specified for an SFT which is subject to a general collateral arrangement. A general collateral arrangement specifies a collateral arrangement for a transaction in which the collateral giver may choose the security to be provided as collateral amongst a relatively wide range of securities satisfying predefined criteria.

The code ‘SPEC’ shall be specified for an SFT which is subject to a specific collateral arrangement. A specific collateral arrangement specifies a collateral arrangement for a transaction in which the collateral taker requests a specific International Securities Identification Number (‘ISIN’) to be provided by the collateral provider.

YYYN
19Delivery By Value (‘DBV’) indicatorIndication of whether the transaction was settled using the DBV mechanism.YNYN
20Method used to provide collateral

Indication of whether the collateral in the SFT is subject to a title transfer collateral arrangement, a security financial collateral arrangement, or a security financial collateral arrangement with a right of use.

Where more than one method was used to provide collateral, the primary collateral arrangement shall be specified in this field.

YNYY
21Open term

Indication of whether the SFT is open term (which has no fixed maturity date) or fixed term with a contractually agreed maturity date.

The code ‘True’ shall be specified for open term SFTs, and the code ‘False’ for fixed term SFTs.

YNYN
22Termination optionalityIndication of whether the SFT is an evergreen or an extendable SFT.YNYN
In the case of margin lending, fields 23 to 34 shall be repeated and completed for each currency used in the margin loan.
23Fixed rate

In the case of repos, the annualised interest rate on the principal amount of the repurchase transaction in accordance with the day count conventions.

In the case of margin lending, the annualised interest rate on the loan value that the borrower pays to the lender.

YNNY
24Day count conventionMethod of calculating the accrued interest on the principal amount for a rate.YNNY
25Floating rateIndication of the reference interest rate used which is reset at predetermined intervals by reference to a market reference rate, if applicable.YNNY
26Floating rate reference period — time periodTime period describing the reference period of the floating rate.YNNY
27Floating rate reference period — multiplierMultiplier for the time period describing the reference period of the floating rate specified in field 26.YNNY
28Floating rate payment frequency — time periodTime period describing the frequency of payments subject to the floating rate.YNNY
29Floating rate payment frequency — multiplierMultiplier for the time period describing the payment frequency for the floating rate specified in field 28.YNNY
30Floating rate reset frequency — time periodTime period describing the frequency of the floating rate resets.YNNY
31Floating rate reset frequency — multiplierMultiplier for the time period describing the frequency for the floating rate resets specified in field 30.YNNY
32SpreadNumber of basis points to be added to or subtracted from the floating interest rate in order to determine the interest rate of the loan.YNNY
33Margin lending currency amountAmount of a margin loan in a given currency.NNNY
34Margin lending currencyCurrency of the margin loan.NNNY
Fields 35 and 36 shall be repeated and completed for each floating rate adjustment.
35Adjusted rateRate as determined by the rate schedule.YNNN
36Rate dateDate from which the rate is effective.YNNN
37Principal amount on the value dateCash value to be settled as of the value date of the transaction.YYNN
38Principal amount on the maturity dateCash value to be settled as of the maturity date of the transaction.YYNN
39Principal amount currencyCurrency of the principal amount.YYNN
40Type of assetIndication of the type of asset that is the subject of the SFT.NNYN
41Security identifier

Identification of the security that is the subject of the SFT.

This field is not applicable to commodities.

NNYN
42Classification of a security

Classification of Financial Instruments (‘CFI’) code of the security that is the subject of the SFT.

This field is not applicable to commodities

NNYN
Where a commodity was lent or borrowed, the classification of that commodity shall be specified in fields 43, 44 and 45.
43Base productBase product as specified in the classification of commodities in Table 5 of Annex I of the Implementing Regulation (EU) 2019/363.NNYN
44Sub — product

Sub — product as specified in the classification of commodities in Table 5 of Annex I of the Implementing Regulation (EU) 2019/363.

This field requires a specific base product in field 43.

NNYN
45Further sub — product

Further sub product as specified in the classification of commodities table.

This field requires a specific sub product in field 44.

NNYN
46Quantity or nominal amount

Quantity or nominal amount of the security or commodity subject of the SFT.

In the case of a bond, the total nominal amount which means the number of bonds multiplied by their face value.

In the case of other securities or commodities, their quantity.

NNYN
47Unit of measureUnit of measure in which the quantity is expressed. This field is applicable to commodities.NNYN
48Currency of nominal amountIn the case where the nominal amount is reported, the currency of the nominal amount.NNYN
49Security or commodity price

In the case of securities and commodities lending and borrowing, the price of the security or commodity used to calculate the loan value.

In the case of a buy-sell back, the price of the security or commodity used to calculate the trade amount for the spot leg of the buy-sell back.

NYYN
50Price currencyCurrency in which the security or commodity price is denominated.NNYN
51Security qualityCode that classifies the credit risk of the security.NNYN
52Maturity of the security

Maturity of the security.

This field is not applicable to commodities.

NNYN
53Jurisdiction of the issuer

Jurisdiction of the issuer of the security. In case of securities issued by a foreign subsidiary, the jurisdiction of the ultimate parent company or, if not known, the jurisdiction of the subsidiary.

This field is not applicable to commodities.

NNYN
54LEI of the issuer

LEI of the issuer of the security.

This field is not applicable to commodities.

NNYN
55Security typeCode that classifies the type of the security.NNYN
56Loan valueLoan value, namely the quantity or nominal amount of the loan multiplied by the price contained in field 49.NNYN
57Market valueMarket value of the securities or commodities on loan or borrowed.NNYN
58Fixed rebate rateFixed interest rate (rate agreed to be paid by the lender for the reinvestment of the cash collateral minus any lending fee) paid by the lender of the security or commodity to the borrower (positive rebate rate) or by the borrower to the lender (negative rebate rate) on the balance of the provided cash collateral.NNYN
59Floating rebate rateIndication of the reference interest rate used to calculate the rebate rate (rate agreed to be paid by the lender for the reinvestment of the cash collateral minus any lending fee) paid by the lender of the security or commodity to the borrower (positive rebate rate) or by the borrower to the lender (negative rebate rate) on the balance of the provided cash collateral.NNYN
60Floating rebate rate reference period — time periodTime period describing the reference period of the floating rebate rate.NNYN
61Floating rebate rate reference period — multiplierMultiplier for the time period describing the reference period for the floating rebate rate specified in field 60.NNYN
62Floating rebate rate payment frequency — time periodTime period describing the frequency of the payments for the floating rebate rate.NNYN
63Floating rebate rate payment frequency — multiplierMultiplier for the time period describing the payment frequency for the floating rebate rate specified in field 62.NNYN
64Floating rebate rate reset frequency — time periodTime period describing the frequency of the floating rebate rate resets.NNYN
65Floating rebate rate reset frequency — multiplierMultiplier for the time period describing the frequency of the floating rebate rate reset specified in field 64.NNYN
66Spread of the rebate rateSpread for the floating rebate rate expressed in basis points.NNYN
67Lending feeFee that the borrower of the security or commodity pays to the lender.NNYN
68Exclusive arrangements

In the case of securities borrowing and lending, an indication of whether the borrower has exclusive access to borrow from the lender's securities portfolio.

This field is not applicable to commodities.

NNYN
69Outstanding margin loanTotal amount of margin loans, in the base currency.NNNY
70Base currency of outstanding margin loanBase currency of outstanding margin loans.NNNY
71Short market valueMarket value of the short position, in the base currency.NNNY
Collateral data
72Uncollateralised Securities Lending (‘SL’) flag

Indication of whether the SL transaction is uncollateralised.

This field shall not be used when the counterparties agree to collateralise the trade but the specific allocation of collateral is not yet known.

NNYN
73Collateralisation of net exposureIndication of whether the collateral has been provided for a net exposure, rather than for a single transaction.YYYN
74Value date of the collateralWhere trades have been collateralised on a net exposure basis, the latest value date contained in the netting set of SFTs, taking into consideration all of the transactions for which the collateral was provided.YYYN
Where specific collateral was used, fields 75 to 94 shall be repeated and completed for each component of the collateral, where applicable.
75Type of collateral componentIndication of the type of collateral component.YYYY
Where cash was used as collateral, this shall be specified in fields 76 and 77.
76Cash collateral amountAmount of funds provided as collateral for the borrowing of securities or commodities.YYYN
77Cash collateral currencyCurrency of the cash collateral.YYYN
78Identification of a security used as collateral

Identification of the security used as collateral.

This field is not applicable to commodities.

YYYY
79Classification of a security used as collateral

CFI code of the security used as collateral.

This field is not applicable to commodities.

YYYY
Where a commodity was used as collateral, the classification of that commodity shall be specified in fields 80, 81 and 82.
80Base productBase product as specified in the classification of commodities in Table 5 of Annex I of the Implementing Regulation (EU) 2019/363.YYYN
81Sub — productSub — product as specified in the classification of commodities in Table 5 of Annex I of the Implementing Regulation (EU) 2019/363. This field requires a specific base product in field 80.YYYN
82Further sub — productFurther sub — product as specified in the classification of commodities in Table 5 of Annex I of the Implementing Regulation (EU) 2019/363. This field requires a specific sub — product in field 81.YYYN
83Collateral quantity or nominal amount

Quantity or nominal amount of the security or commodity used as collateral.

In the case of a bond, the total nominal amount which means the number of bonds multiplied by the face value.

In the case of other securities or commodities, their quantity.

YYYY
84Collateral unit of measureUnit of measure in which the collateral quantity is specified. This field is applicable to commodities.YYYN
85Currency of collateral nominal amountIn the case where the collateral nominal amount is reported, the currency of the nominal amount.YYYY
86Price currencyCurrency of the price of the collateral component.YYYY
87Price per unitPrice per unit in respect of the collateral component, including accrued interest for interest-bearing securities used to value the security or commodity.YYYY
88Collateral market valueMarket value of the individual collateral component expressed in price currency.YYYY
89Haircut or margin

For repos and buy-sell backs, any collateral haircut shall be specified by reference to any risk control measure applied to the underlying collateral, at ISIN level, whereby the value of that underlying collateral is calculated as the market value of the assets reduced by a certain percentage.

For securities lending, the percentage of any collateral haircut shall be specified by reference to any risk control measure applied to the underlying collateral, either at ISIN or portfolio-level, whereby the value of that underlying collateral is calculated as the market value of the assets reduced by a certain percentage.

For margin lending, the percentage of the margin requirement applied to the entire collateral portfolio held in a client's prime brokerage account.

Actual values, as opposed to estimated or default values shall be specified in this field.

YYYY
90Collateral qualityCode that classifies the risk of the security used as collateral.YYYY
91Maturity date of the security

Maturity date of the security used as collateral.

This field is not applicable to commodities.

YYYY
92Jurisdiction of the issuer

Jurisdiction of the issuer of the security used as collateral. In case of securities issued by a foreign subsidiary, the jurisdiction of the ultimate parent company shall be reported or, if not known, the jurisdiction of the subsidiary.

This field is not applicable to commodities

YYYY
93LEI of the issuer

LEI of the issuer of the security used as collateral.

This field is not applicable to commodities.

YYYY
94Collateral typeCode that classifies the type of the security used as collateral.
95Availability for collateral reuseIndication of whether the collateral taker can reuse the securities provided as a collateral.YYYY
Field 96 shall be specified in the case where a collateral basket was used. The detailed allocation of collateral for SFTs transacted against a collateral pool shall be specified in fields 75 to 94 when available.
96Collateral basket identifier

Where the collateral basket can be identified with an ISIN, the ISIN of the collateral basket.

Where the collateral basket cannot be identified with an ISIN, this field shall be completed with the code ‘NTAV’.

YYYN
97Portfolio code

Where the transaction is cleared and is included in a portfolio of transactions for which margins are exchanged, the portfolio shall be identified by a unique code determined by the reporting counterparty.

Where the portfolio of transactions also includes derivative contracts reportable under Regulation (EU) No 648/2012, the portfolio code shall be the same as that reported under Regulation (EU) No 648/2012.

YYYN
98Action type

The report shall contain one of the following action types:

(a)

a SFT reported for the first time shall be identified as ‘New’;

(b)

a modification of a previously reported SFT shall be identified as ‘Modification’. This includes an update to a previous report showing a position in order to reflect new trades included in that position;

(c)

a valuation of the security or commodity subject to a securities or commodities lending transaction shall be identified as ‘Valuation Update’;

(d)

a modification of the details of collateral data, including its valuation, shall be identified as ‘Collateral update’;

(e)

a cancellation of a wrongly submitted entire report where the SFT never came into existence or was not subject to SFT reporting requirements but which was reported to a trade repository by mistake shall be identified as ‘Error’;

(f)

a correction of data fields that were submitted wrongly in a previous report shall be identified as ‘Correction’;

(g)

a termination of an open term SFT or an early termination of a fixed term SFT shall be identified as ‘Termination/Early termination’;

(h)

a SFT that is to be reported as a new trade and also included in a separate position report on the same day shall be identified as a ‘Position component’.

YYYY
99Level

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

Position level reporting 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.

YYYN

Table 3

Margin data

NoFieldDetails to be reportedRepoBSBSLML
1Reporting timestampDate and time of submission of the report to the trade repository.YYYN
2Event dateDate on which the reportable event relating to the SFT and captured by the report took place. In the case of action types ‘Valuation update’, ‘Collateral update’, ‘Reuse update’, ‘Margin update’, the date for which the information contained in the report is provided.YYYN
3Report submitting entityUnique code identifying the entity which submits the report. In the case where the submission of the report has been delegated to a third party or to the other counterparty, the unique code identifying that entity.YYYN
4Reporting CounterpartyUnique code identifying the reporting counterparty.YYYN
5Entity responsible for the report

Where a financial counterparty is responsible for reporting on behalf of the other counterparty in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that financial counterparty.

Where a management company is responsible for reporting on behalf of an Undertaking for Collective Investment in Transferable Securities (UCITS) in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that management company.

Where an Alternative Investment Fund Manager (AIFM) is responsible for reporting on behalf of an Alternative Investment Fund (AIF) in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that AIFM.

YYYY
6Other counterpartyUnique code identifying the entity with whom the reporting counterparty concluded the SFTYYYN
7Portfolio code

The portfolio of transactions for which margins are exchanged shall be identified by a unique code determined by the reporting counterparty.

Where the portfolio of transactions also includes derivative contracts reportable under Regulation (EU) No 648/2012, the portfolio code shall be the same as that reported under Regulation (EU) No 648/2012.

YYYN
8Initial margin posted

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

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

YYYN
9Currency of the initial margin postedCurrency of the initial margin posted.YYYN
10Variation margin posted

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

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

YYYN
11Currency of the variation margin postedCurrency of the variation margin posted.YYYN
12Initial margin received

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

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

YYYN
13Currency of the initial margin receivedCurrency of the initial margin received.YYYN
14Variation margin received

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

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

YYYN
15Currency of the variation margin receivedCurrency of the variation margin received.YYYN
16Excess collateral postedValue of collateral posted in excess of the required collateral.YYYN
17Currency of the excess collateral postedCurrency of the excess collateral posted.YYYN
18Excess collateral receivedValue of collateral received in excess of the required collateral.YYYN
19Currency of the excess collateral receivedCurrency of the excess collateral received.YYYN
20Action type

The report shall contain one of the following action types:

(a)

a new margin balance shall be identified as ‘New’;

(b)

a modification of the details of the margins shall be identified as ‘Margin update’;

(c)

a cancellation of a wrongly submitted entire report shall be identified as ‘Error’;

(d)

a correction of data fields that were submitted incorrectly in a previous report shall be identified as ‘Correction’;

YYYN

Table 4

Re-use, cash reinvestment and funding sources data

NoFieldDetails to be reportedRepoBSBSLML
1Reporting timestampDate and time of submission of the report to the trade repository.YYYY
2Event dateDate on which the reportable event relating to the SFT and captured by the report took place. In the case of action types ‘Valuation update’, ‘Collateral update’, ‘Reuse update’, ‘Margin update’, the date for which the information contained in the report is provided.YYYY
3Report submitting entityUnique code identifying the entity which submits the report. In the case where the submission of the report has been delegated to a third party or to the other counterparty, the unique code identifying that entity.YYYY
4Reporting counterpartyUnique code identifying the reporting counterparty.YYYY
5Entity responsible for the report

Where a financial counterparty is responsible for reporting on behalf of the other counterparty in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that financial counterparty.

Where a management company is responsible for reporting on behalf of an Undertaking for Collective Investment in Transferable Securities (UCITS) in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that management company.

Where an Alternative Investment Fund Manager (AIFM) is responsible for reporting on behalf of an Alternative Investment Fund (AIF) in accordance with Article 4(3) of Regulation (EU) No 2365/2015, the unique code identifying that AIFM.

YYYY
Field 6 shall be repeated and completed for each collateral component.
6Type of collateral componentIndication of the type of collateral component.YYYY
Fields 7, 8, 9 and 10 shall be repeated and completed for each security.
7Collateral componentIdentification of the security used as collateral.YYYY
8Value of reused collateralTotal value of the collateral reused when it can be calculated at SFT transaction level.YYYY
9Estimated reuse of collateralWhen the actual value of reused collateral is unknown or cannot be calculated, an estimate of the value of reuse at individual financial instrument level shall be calculated as laid down in the FSB report ‘Transforming Shadow Banking into Resilient Market-based Finance, Non-Cash Collateral Re-Use: Measure and Metrics’ of 25 January 2017.YYYY
10Reused collateral currencyCurrency of the actual or estimated value of the collateral reused.YYYY
11Reinvestment rateAverage interest rate received from a cash collateral reinvestment made by the lender.NNYN
Fields 12, 13 and 14 shall be repeated and completed for each investment where cash collateral has been re-invested and in respect of each currency.
12Type of re-invested cash investmentType of re-investment.NNYN
13Re-invested cash amountAmount of the re-invested cash in a given currency.NNYN
14Re-invested cash currencyCurrency of the re-invested cash.NNYN
In the case of margin lending transactions, the counterparty shall repeat and complete fields 15, 16 and 17 for each funding source and shall provide the information in these fields at entity level.
15Funding sourcesFunding sources used to finance margin loans.NNNY
16Market value of the funding sourcesMarket value of funding sources referred to in field 15.NNNY
17Funding sources currencyCurrency of the market value of the funding sources.NNNY
18Action type

The report shall contain one of the following action types:

(a)

a new reuse balance shall be identified as ‘New’;

(b)

a modification of the details of the reuse shall be identified as ‘Reuse update’;

(c)

a cancellation of a wrongly submitted entire report shall be identified as ‘Error’;

(d)

a correction of data fields that were submitted incorrectly in a previous report shall be identified as ‘Correction’.

YYYY
(2)

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).

(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).

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