Commission Delegated Regulation (EU) 2022/1857 of 10 June 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 150/2013 as regards the details of the applications for registration as a trade repository and for applications for extension of registration as a trade repository (Text with EEA relevance)

Delegated Regulation (EU) No 150/2013 is amended as follows:

1. Article 19 is replaced by the following:

   An application for registration as a trade repository shall contain the following information:

   1. procedures for the authentication of the identity of the users accessing the trade repository in accordance with Article 1(1)(a) of Commission Delegated Regulation (EU) 2022/1858^(*);

   2. procedures for the verification of the compliance of the XML template used to report derivatives to the trade repository with the ISO 20022 methodology in accordance with Article 1(1)(b) of Delegated Regulation (EU) 2022/1858;

   3. procedures for the verification of the authorisation of the entity reporting on behalf of the reporting counterparty in accordance with Article 1(1)(c) of Delegated Regulation (EU) 2022/1858;

   4. procedures for verification that the logical sequence of the details of the reported derivatives is maintained at all times in accordance with Article 1(1) points (d)-(k) of Delegated Regulation (EU) 2022/1858;

   5. procedures for the verification of the completeness and correctness of the details of the reported derivatives in accordance with Article 1(1), point (l) of Delegated Regulation (EU) 2022/1858;

   6. procedures for the reconciliation of data in accordance with Article 3(1) of Delegated Regulation (EU) 2022/1858;

   7. procedures for the provision of feedback to the counterparties to the derivatives, entities responsible for reporting or the third parties reporting on their behalf, on the verifications performed under points (a) to (e) in accordance with Articles 1(3) and 4(2) of Delegated Regulation (EU) 2022/1858 and the outcomes of the reconciliation process under point (f) in accordance with Articles 3(5) and 4(2) of Delegated Regulation (EU) 2022/1858;

   8. procedures for the provision of warning feedback to the counterparties to the derivatives, entities responsible for reporting or the third parties reporting on their behalf, on the verifications performed in accordance with paragraphs 1(e) to 1(g) of Article 4 of Delegated Regulation (EU) 2022/1858;

   9. procedures for updates of legal entity identifiers in accordance with Article 2 of Delegated Regulation (EU) 2022/1858.

2. Article 21, paragraph (2) is replaced by the following:

   ‘2.

   An application for registration as a trade repository shall contain the procedures to ensure the orderly substitution of the original trade repository where requested by a reporting counterparty, an entity responsible for reporting, or by a third party reporting on behalf of non-reporting counterparties, or where such substitution is the result of a withdrawal of registration, and shall include the procedures for the transfer of data and the redirection of reporting flows to another trade repository.’;

3. in Article 22(1), point (b) is replaced by the following:

   1. a record-keeping of all reported information relating to the conclusion, modification or termination of a derivative contract in a reporting log identifying the person or persons that requested the action, including the trade repository itself if applicable, the reasons for such action, the date and time of the action and the old and new data as set out in the Annex to Commission Implementing Regulation (EU) 2022/1860^(*);

4. in Article 23, point (b) is replaced by the following:

   1. a description of the resources, methods and facilities that the trade repository employs in order to facilitate the access to data on the details of derivative contracts to the relevant authorities in accordance with Article 81(3) of Regulation (EU) No 648/2012, a log listing IT issues at the trade repositories that impact the quality of the data made available to the relevant authorities in accordance with Article 81(3) of Regulation (EU) No 648/2012, the frequency of the update and the controls and verifications that the trade repository may establish for the access filtering process, along with a copy of any specific manuals and internal procedures;’;

5. the following title of Chapter 2 is inserted after Article 23a:

6. the following Article 23b is inserted:

   The application for an extension of an existing registration under Regulation (EU) 2015/2365 of the European Parliament and of the Council^(*) shall contain the information specified in Article 1, except paragraph 2, point (k), Articles 2 and 5, Article 7, except paragraph 2, point (d), Article 8(b), Article 9(1), points (b) and (e), Article 11, Article 12(2), Article 13, Article 14(2), Article 15, Article 16, except point (c), Articles 17 to 23a and Article 23c.

7. the following title of Chapter 3 is inserted after Article 23b:

8. the following Article 23c is inserted:

   An application for registration or for extension of registration as a trade repository shall include a proof of payment of the relevant registration or extension of registration fees as established in Commission Delegated Regulation (EU) No 1003/2013^(*).

9. in Article 24, paragraph (1) is replaced by the following:

   ‘1.

   Any information submitted to ESMA during the registration or extension of registration process shall be accompanied by a letter signed by a member of the board of the trade repository and of the senior management, attesting that the submitted information is accurate and complete to the best of their knowledge, as of the date of that submission.’.

Article 1(1) shall apply from 29 April 2024.