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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

Article -1 Definitions

In this Regulation:

"IP completion day" has the meaning given in the European Union (Withdrawal) Act 2020;

‘UK-adopted IFRS’ means UK-adopted international accounting standards; and

‘UK-adopted international accounting standards’ means (in accordance with section 474(1) of the Companies Act 2006) international accounting standards which are adopted for use within the United Kingdom by virtue of Chapter 2 or 3 of Part 2 of the International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019.

Article 1 Details to set out in reports pursuant to Article 9(1) and (3) of Regulation (EU) No 648/2012

  1. (1)

    Reports to a trade repository shall include:

    1. (a)

      the details set out in Table 1 of the Annex which contains information relating to the counterparties to a contract;

    2. (b)

      the information set out in Table 2 of the Annex which contains details pertaining to the derivative contract concluded between the two counterparties.

  2. (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:

    1. (a)

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

    2. (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.

  3. (3)

    Where one report is made on behalf of both counterparties, it shall contain the information set out in Table 1 of the Annex in relation to each of the counterparties. The information set out in Table 2 of the Annex shall be submitted only once.

  4. (4)

    Where one report is made on behalf of both counterparties it shall indicate this fact, as set out in field 9 of Table 1 of the Annex.

  5. (5)

    Where one counterparty reports the details of a contract to a trade repository on behalf of the other counterparty, or a third entity reports a contract to a trade repository on behalf of one or both counterparties, the details reported shall include the full set of details that would have been reported had the contracts been reported to the trade repository by each counterparty separately.

  6. (6)

    Where a derivative contract includes features typical of more than one underlying asset as specified in Table 2 of the Annex, a report shall indicate the asset class that the counterparties agree the contract most closely resembles before the report is sent to a trade repository.

Article 2 Cleared trades

  1. (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. (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 3 Reporting of exposures

  1. (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. (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. (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. (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. (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. (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 contained in UK-adopted IFRS.

Article 3a Notional amount

  1. (1)

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

    1. (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;

    2. (b)

      in the case of options, calculated using the strike price;

    3. (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;

    4. (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. (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.

Article 4 Reporting 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.

Article 5 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.

Signature

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

ANNEX Details to be reported to trade repositories

Details to be reported to trade repositories

Table 1 Counterparty Data

Field

Details to be reported

Parties to the contract

1

Reporting timestamp

Date and time of reporting to the trade repository.

2

Counterparty ID

Unique code identifying the reporting counterparty.

In case of an individual, a client code shall be used.

3

ID 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 an individual, a client code shall be used.

4

Name of the counterparty

Corporate name of the reporting counterparty.

This field can be left blank in case the counterparty ID already contains this information.

5

Domicile of the counterparty

Information on the registered office, consisting of full address, city and country of the reporting counterparty.

This field can be left blank in case the counterparty ID already contains this information.

6

Corporate sector of the counterparty

Nature of the reporting counterparty's company activities (bank, insurance company, etc.).

This field can be left blank in case the counterparty ID already contains this information.

7

Financial or non-financial nature of the counterparty

Indicate if the reporting counterparty is a financial or non-financial counterparty in accordance with points 8 and 9 of Article 2 of Regulation (EU) No 648/2012.

8

Broker ID

In case a broker acts as intermediary for the reporting counterparty without becoming a counterparty, the reporting counterparty shall identify this broker by a unique code. In case of an individual, a client code shall be used.

9

Reporting entity ID

In case 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.

In case of an individual, a client code shall be used, as assigned by the legal entity used by the individual counterparty to execute the trade.

10

Clearing member ID

In case the reporting counterparty is not a clearing member, its clearing member shall be identified in this field by a unique code. In case of an individual, a client code, as assigned by the CCP, shall be used.

11

Beneficiary 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. If 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 individuals, by a client code as assigned by the legal entity used by the individual.

12

Trading capacity

Identifies 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.

13

Counterparty side

Identifies whether the contract was a buy or a sell. In the case of an interest rate derivative contract, the buy side will represent the payer of leg 1 and the sell side will be the payer of leg 2.

14

Contract with non-EEA counterparty

Indicates whether the other counterparty is domiciled outside the EEA.

15

Directly 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 case the reporting counterparty is a financial counterparty, as referred to in point 8 of Article 2 Regulation (EU) No 648/2012.

16

Clearing threshold

Information on whether the reporting counterparty is above the clearing threshold as referred to in Article 10(2) 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 point 8 of Article 2 Regulation (EU) No 648/2012.

17

Mark to market value of contract

Mark to market valuation of the contract, or mark to model valuation where applicable under Article 11(2) of Regulation (EU) No 648/2012.

18

Currency of mark to market value of the contract

The currency used for the mark to market valuation of the contract, or mark to model valuation where applicable under Article 11(2) of Regulation (EU) No 648/2012.

19

Valuation date

Date of the last mark to market or mark to model valuation.

20

Valuation time

Time of the last mark to market or mark to model valuation.

21

Valuation type

Indicate whether valuation was performed mark to market or mark to model.

22

Collateralisation

Whether collateralisation was performed.

23

Collateral 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.

24

Collateral portfolio code

If collateral is reported on a portfolio basis, the portfolio should be identified by a unique code determined by the reporting counterparty.

25

Value of the collateral

Value of the collateral posted by the reporting counterparty to the other counterparty. Where collateral is posted on a portfolio basis, this field should include the value of all collateral posted for the portfolio.

26

Currency of the collateral value

Specify the value of the collateral for field 25.

Table 2 Common Data

Field

Details to be reported

Applicable types of derivative contract

Contract type

All contracts

1

Taxonomy used

The contract shall be identified by using a product identifier.

2

Product ID 1

The contract shall be identified by using a product identifier.

3

Product ID 2

The contract shall be identified by using a product identifier.

4

Underlying

The underlying shall be identified by using a unique identifier for this underlying. In case of baskets or indices, an indication for this basket or index shall be used where a unique identifier does not exist.

5

Notional currency 1

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

6

Product 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 1287/2006 as it had effect in EU law before IP completion day.

AII shall only be used until 3 January 2018.

7

Underlying identification type

The currency to be delivered.The type of relevant underlying identifier.

Details on the transaction

All contracts

8

Underlying identification

A Unique Trade ID agreed at the European level, which is provided by the reporting counterparty. If there is no unique trade ID in place, a unique code should be generated and agreed with the other counterparty.

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

AII shall only be used until 3 January 2018.

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.

9

Transaction reference number

A unique identification number for the transaction provided by the reporting entity or a third party reporting on its behalf.

10

Venue of execution

The venue of execution shall be identified by a unique code for this venue. In case of a contract concluded OTC, it has to be identified whether the respective instrument is admitted to trading but traded OTC or not admitted to trading and traded OTC.

11

Compression

Identify whether the contract results from a compression exercise.

12

Price/rate

The price per derivative excluding, where applicable, commission and accrued interest.

13

Price notation

The manner in which the price is expressed.

14

Notional amount

Original value of the contract.

15

Price multiplier

The number of units of the financial instrument which are contained in a trading lot; for example, the number of derivatives represented by one contract.

16

Quantity

Number of contracts included in the report, where more than one derivative contract is reported.

17

Up-front payment

Amount of any up-front payment the reporting counterparty made or received.

18

Delivery type

Indicates whether the contract is settled physically or in cash.

19

Execution timestamp

As defined in Article 1(2).

20

Effective date

Date when obligations under the contract come into effect.

21

Maturity date

Original date of expiry of the reported contract. An early termination shall not be reported in this field.

22

Termination date

Termination date of the reported contract. If not different from maturity date, this field shall be left blank.

23

Date of Settlement

Date of settlement of the underlying. If more than one, further fields may be used (e.g. 23A, 23B, 23C, etc.).

24

Master Agreement type

Reference to the name of the relevant master agreement, if used for the reported contract (e.g. ISDA Master Agreement; Master Power Purchase and Sale Agreement; International ForEx Master Agreement; European Master Agreement or any local Master Agreements).

25

Master Agreement version

Reference to the year of the master agreement version used for the reported trade, if applicable (e.g. 1992, 2002, etc.).

Risk mitigation/Reporting

All contracts

26

Confirmation timestamp

Date and time of the confirmation, as defined under Commission Delegated Regulation (EU) No 149/2013 indicating time zone in which the confirmation has taken place.

27

Confirmation means

Whether the contract was electronically confirmed, non-electronically confirmed or remains unconfirmed.

Clearing

All contracts

28

Clearing obligation

Indicates, whether the reported contract is subject to the clearing obligation under Regulation (EU) No 648/2012.

29

Cleared

Indicates, whether clearing has taken place.

30

Clearing timestamp

Time and date when clearing took place.

31

CCP

In case of a contract that has been cleared, the unique code for the CCP that has cleared the contract.

32

Intragroup

Indicates whether the contract was entered into as an intragroup transaction, defined in Article 3 of Regulation (EU) No 648/2012.

Interest Rates

If a UPI is reported and contains all the information below, this is not required to be reported.

Interest rate derivatives

33

Fixed rate of leg 1

An indication of the fixed rate leg 1 used, if applicable.

34

Fixed rate of leg 2

An indication of the fixed rate leg 2 used, if applicable.

35

Fixed rate day count

The actual number of days in the relevant fixed rate payer calculation period, if applicable.

36

Fixed leg payment frequency

Frequency of payments for the fixed rate leg, if applicable.

37

Floating rate payment frequency

Frequency of payments for the floating rate leg, if applicable.

38

Floating rate reset frequency

Frequency of floating rate leg resets, if applicable.

39

Floating rate of leg 1

An indication of the interest rates used which are reset at predetermined intervals by reference to a market reference rate, if applicable.

40

Floating rate of leg 2

An indication of the interest rates used which are reset at predetermined intervals by reference to a market reference rate, if applicable.

Foreign Exchange

If a UPI is reported and contains all the information below, this is not required to be reported.

Currency derivatives

41

Currency 2

The cross currency, if different from the currency of delivery.

42

Exchange rate 1

The contractual rate of exchange of the currencies.

43

Forward exchange rate

Forward exchange rate on value date.

44

Exchange rate basis

Quote base for exchange rate.

Commodities

If a UPI is reported and contains all the information below, this is not required to be reported unless to be reported according to Regulation (EU) No 1227/2011 of the European Parliament and of the Council .

Commodity derivatives

General

45

Commodity base

Indicates the type of commodity underlying the contract.

46

Commodity details

Details of the particular commodity beyond field 45.

Energy

Information to be reported according to Regulation (EU) No 1227/2011, if applicable.

47

Delivery point or zone

Delivery point(s) of market area(s).

48

Interconnection Point

Identification of the border(s) or border point(s) of a transportation contract.

49

Load type

Repeatable section of fields 50-54 to identify the product delivery profile which correspond to the delivery periods of a day.

50

Delivery start date and time

Start date and time of delivery.

51

Delivery end date and time

End date and time of delivery.

52

Contract capacity

Quantity per delivery time interval.

53

Quantity Unit

Daily or hourly quantity in MWh or kWh/d which corresponds to the underlying commodity.

54

Price/time interval quantities

If applicable, price per time interval quantities.

Options

If a UPI is reported and contains all the information below, this is not required to be reported.

Contracts that contain an option

55

Option type

Indicates whether the contract is a call or a put.

56

Option style (exercise)

Indicates 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).

57

Strike price (cap/floor rate)

The strike price of the option.

Modifications to the report

All contracts

58

Action type

Whether the report contains:

a derivative contract or post-trade event for the first time, in which case it will be identified as "new";

a modification of details of a previously reported derivative contract, in which case it will be identified as "modify";

a cancellation of a wrongly submitted report, in which case, it will be identified as "error";

a termination of an existing contract, in which case it will be identified as "cancel";

a compression of the reported contract, in which case it will be identified as "compression";

an update of a contract valuation, in which case it will be identified as "valuation update";

any other amendment to the report, in which case it will be identified as "other".

59

Details of action type

Where field 58 is reported as "other" the details of such amendment should be specified here.