Article 82 Exercise of the delegation

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Regulation 648/2012/EU - EMIR Regulation Recitals Title I Subject Matter, Scope and Definitions (arts. 1-3)Article 1 Subject matter and scope Article 2 Definitions Article 2a Equivalence decisions for the purposes of the definition of OTC derivatives Article 3 Intragroup transactions Title II Clearing, Reporting and Risk Mitigation of OTC Derivatives (arts. 4-13a)Article 4 Clearing obligation Article 4a Financial counterparties that are subject to the clearing obligation Article 4b Post-trade risk reduction services Article 5 Clearing obligation procedure Article 6 Public register Article 6a Suspension of clearing obligation Article 6b Suspension of clearing obligation in the case of resolution Article 7 Access to a CCP Article 7a Active Account Article 7b Monitoring of the active account obligation Article 7c Information on the provision of clearing services Article 7d Information on clearing activity in CCPs recognised under Article 25 Article 7e Information on Union CCPs Article 8 Access to a trading venue Article 9 Reporting obligation Article 10 Non-financial counterparties Article 11 Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP Article 12 Penalties Article 13 Mechanism to avoid duplicative or conflicting rules Article 13a Replacement of interest rate benchmarks in legacy trades Title III Authorisation and Supervision of CCPs (arts. 14-25)Chapter 1 Conditions and procedures for the authorisation of a CCP (arts. 14-21)Article 14 Authorisation of a CCP Article 15 Extension of activities and services Article 15a Exemption from authorisation of an extension of clearing services or activities Article 16 Capital requirements Article 17 Procedure for granting and refusing authorisation Article 17a Accelerated procedure for authorisation of an extension of authorisation Article 17b Procedure for adopting decisions, reports or other measures Article 17c Central database Article 18 College Article 19 Opinion of the college Article 20 Withdrawal of authorisation Article 21 Review and evaluation Chapter 2 Supervision and oversight of CCPs (art. 22)Article 22 Competent authority Chapter 3 Cooperation (arts. 23-24)Article 23 Cooperation between authorities Article 23a Supervisory cooperation between competent authorities and ESMA with regards to authorised CCPs Article 23b Joint Monitoring Mechanism Article 24 Emergency situations Chapter 3A CCP Supervisory Committee (arts. 24a-24e)Article 24a CCP Supervisory Committee Article 24b Consultation of central banks of issue Article 24c Decision making within the CCP Supervisory Committee Article 24d Decision making within the Board of Supervisors Article 24e Accountability Chapter 4 Relations with third countries (arts. 25-25r)Article 25 Recognition of a third-country CCP Article 25a Comparable compliance Article 25b Ongoing compliance with the conditions for recognition Article 25c Third-country CCP college Article 25d Fees Article 25e Exercise of the powers referred to in Articles 25f to 25h Article 25f Request for information Article 25g General investigations Article 25h On-site inspections Article 25i Procedural rules for taking supervisory measures and imposing fines Article 25j Fines Article 25k Periodic penalty payments Article 25l Hearing of the persons concerned Article 25m Disclosure, nature, enforcement and allocation of fines and periodic penalty payments Article 25n Review by the Court of Justice Article 25o Amendments to Annex IV Article 25p Withdrawal of recognition Article 25q Supervisory measures by ESMA Title IV Requirements for CCPs (arts. 26-50d)Chapter 1 Organisational requirements (arts. 26-35)Article 26 General provisions Article 27 Senior management and the board Article 28 Risk committee Article 29 Record keeping Article 30 Shareholders and members with qualifying holdings Article 31 Information to competent authorities Article 32 Assessment Article 33 Conflicts of interest Article 34 Business continuity Article 35 Outsourcing Chapter 2 Conduct of business rules (arts. 36-39)Article 36 General provisions Article 37 Participation requirements Article 38 Transparency Article 39 Segregation and portability Chapter 3 Prudential requirements (arts. 40-50)Article 40 Exposure management Article 41 Margin requirements Article 42 Default fund Article 43 Other financial resources Article 44 Liquidity risk controls Article 45 Default waterfall Article 45a Temporary restrictions in the case of a significant non-default event Article 46 Collateral requirements Article 47 Investment policy Article 48 Default procedures Article 49 Review of models, stress testing and back testing Article 49a Accelerated procedure for non-significant changes to a CCP's models and parameters Article 50 Settlement Chapter 4 Calculations and reporting for the purposes of Regulation (EU) No 575/2013 (arts. 50a-50d)Article 50a Calculation of KCCP Article 50b General rules for the calculation of KCCP Article 50c Reporting of information Article 50d Calculation of specific items to be reported by the CCP Title V Interoperability Arrangements (arts. 51-54)Article 51 Interoperability arrangements Article 52 Risk management Article 53 Provision of margins among CCPs Article 54 Approval of interoperability arrangements Title VI Registration and Supervision of Trade Repositories (arts. 55-77)Chapter 1 Conditions and procedures for registration of a trade repository (arts. 55-74)Article 55 Registration of a trade repository Article 56 Application for registration Article 57 Notification of and consultation with competent authorities prior to registration Article 58 Examination of the application Article 59 Notification of ESMA decisions relating to registration Article 60 Exercise of the powers referred to in Articles 61 to 63 Article 61 Request for information Article 62 General investigations Article 63 On-site inspections Article 64 Procedural rules for taking supervisory measures and imposing fines Article 65 Fines Article 66 Periodic penalty payments Article 67 Hearing of the persons concerned Article 68 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments Article 69 Review by the Court of Justice Article 70 Amendments to Annex II Article 71 Withdrawal of registration Article 72 Supervisory fees Article 73 Supervisory measures by ESMA Article 74 Delegation of tasks by ESMA to competent authorities Chapter 2 Relations with third countries (arts. 75-77)Article 75 Equivalence and international agreements Article 76 Cooperation arrangements Article 76a Mutual direct access to data Article 77 Recognition of trade repositories Title VII Requirements for Trade Repositories (arts. 78-82)Article 78 General requirements Article 79 Operational reliability Article 80 Safeguarding and recording Article 81 Transparency and data availability Article 82 Exercise of the delegation Title VIII Common Provisions (arts. 83-84)Article 83 Professional secrecy Article 84 Exchange of information Title IX Transitional and Final Provisions (arts. 85-91)Article 85 Reports and review Article 86 Committee procedure Article 87 Amendment to Directive 98/26/EC Article 88 Websites Article 89 Transitional provisions Article 90 Staff and resources of ESMA Article 91 Entry into force Annex I List of infringements referred to in Article 65(1)Annex II List of the coefficients linked to aggravating and mitigating factors for the application of Article 65(3)Annex III List of infringements referred to in Article 25j(1)Annex IV List of the coefficients linked to aggravating and mitigating factors for the application of Article 25j(3)Done at

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Version status: Amended | Document consolidation status: Updated to reflect all known changes

Version date: 1 January 2020 - 23 December 2024

Article 82 Exercise of the delegation

1. The power to adopt delegated acts is conferred to the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 1(6), Article 4(3a), Article 25(2a), Article 25(6a), Article 25a(3), Article 25d(3), Article 25i(7), Article 25o, Article 64(7), Article 70, Article 72(3), and Article 85(2) shall be conferred to the Commission for an indeterminate period of time.

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Article 82 Exercise of the delegation

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