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  1. Point in time
    2024-12-18

SECTION 8 Access rules

Article 18 Transparency of access rules

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

  1. (a)

    the policies and procedures pursuant to which the different types of users report and access the data in a trade repository, including any process that the relevant users may need to access, consult, or modify the information maintained by the trade repository;

  2. (b)

    a copy of the terms and conditions which determine the rights and obligations of the different types of users in relation to the information maintained by the trade repository;

  3. (c)

    a description of the different categories of access available to users;

  4. (d)

    the access policies and procedures pursuant to which other service providers may have non-discriminatory access to information maintained by the trade repository where the relevant counterparties have provided their written, voluntary and revocable consent;

  5. (e)

    a description of the channels and mechanisms used by the trade repository to publicly disclose information on the access to that trade repository.

2. The information referred to in points (a), (b) and (c) of paragraph 1 shall be specified for the following types of users:

  1. (a)

    internal users;

  2. (b)

    reporting counterparties;

  3. (c)

    report submitting entities;

  4. (d)

    entities responsible for reporting;

  5. (e)

    non-reporting counterparties;

  6. (f)

    non-reporting third parties;

  7. (g)

    entities listed in Article 81(3) of Regulation (EU) No 648/2012;

  8. (h)

    other types of users, where applicable.

Article 19 Verification of completeness and correctness of data

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

  1. (a)

    procedures for the authentication of the identity of the users accessing the trade repository in accordance with EMIRR 2.1.1R(1) of the FCA Handbook1;

  2. (b)

    procedures for the verification of the completeness and correctness of derivatives reported to the trade repository in accordance with EMIRR 2.1.1R(2) of the FCA Handbook;1

  3. (c)

    procedures for the verification of the authorisation and IT permission of the entity reporting on behalf of the reporting counterparty in accordance with EMIRR 2.1.1R(3) of the FCA Handbook;1

  4. (d)

    procedures for verification that the logical sequence of the details of the reported derivatives is maintained at all times in accordance with EMIRR 2.1.1R(4) to (11) of the FCA Handbook;1

  5. (e)

    procedures for the verification of the completeness and correctness of the details of the reported derivatives in accordance with EMIRR 2.1.1R(12) of the FCA Handbook;1

  6. (f)

    procedures for the reconciliation of data between trade repositories where counterparties report to different trade repositories in accordance with EMIRR 2.3 of the FCA Handbook;1

  7. (g)

    procedures for the provision of feedback to the counterparties to the derivatives, entities responsible for reporting1 or the third parties reporting on their behalf, on the verifications performed under points (a) to (e) and the outcomes of the reconciliation process in point (f) in accordance with EMIRR 2.1.3R and EMIRR 2.3.5R of the FCA Handbook;1

  8. (h)

    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 EMIRR 2.4.1R(5) to (7) of the FCA Handbook;1

  9. (i)

    procedures for the amendment of legal entity identifiers in accordance with EMIRR 2.2 of the FCA Handbook.1

Article 20 Pricing policy transparency

An application for registration as a trade repository shall contain a description of the applicant's:

  1. (a)

    pricing policy, including any existing discounts and rebates and conditions to benefit from such reductions;

  2. (b)

    fee structure for providing any trade repository and ancillary services, including the estimated cost of the trade repository services and ancillary services, along with the details of the methods used to account the separate cost that the applicant may incur when providing trade repository services and ancillary services;

  3. (c)

    methods used to make the information publicly available to all types of users, including a copy of the fee structure in which trade repository services and ancillary services are unbundled.