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Version date: 20 March 2013 - onwards

TR Question 2: TR registration [last update 20 March 2013]

Article 56 of EMIR

Article 56 of EMIR - TR registration

May a CCP apply for registration with ESMA as a trade repository?

May a CSD apply for registration as a TR?

Must a TR be a separate legal entity than a CCP, CSD or exchange/regulated market?

TR Answer 2

With reference to CCPs, Article 14 of EMIR specifies that authorisation for CCPs can be given only for activity linked to clearing. In addition Article 4 of the Commission Delegated Regulation (EU) No 153/2013 (RTS on CCP requirements) specifies that "if a CCP provides services linked to clearing that present a distinct risk profile from its functions and potentially pose significant additional risks to it, the CCP shall manage those additional risks adequately. This may include separating legally the additional services that the CCP provides from its core functions". On the basis of these provisions, it can be excluded that a CCP can perform any other regulated activity under the same legal entity, as it would not be considered linked to clearing. This would exclude the possibility for CCPs to apply for registration as a trade repository.