(1) Article 9 is amended as follows.

(2) For paragraph 3 substitute -

"3. Except where the FCA has suspended the reporting obligation under paragraph 3A, where a trade repository is not available to record the details of a derivative contract:

(a) counterparties and CCPs shall ensure that such details are reported to the FCA; and

(b) the FCA shall ensure that all the relevant entities referred to in paragraph 3 of Article 81 have access to all the details of derivative con tracts they need to fulfil their respective responsibilities and mandates

3A. The FCA may suspend the reporting obligation in paragraph 1. Before it does so it must:

(a) provided a report to the Treasury setting out its reasons for suspending the reporting obligation;

(b) specify a date:

(i) on which the suspension of that obligation will end;

(ii) by which it anticipates counterparties and CCPs will be able to report details of any derivative contracts as set out in paragraph 3; and

(c) consulted the Treasury and the Bank of England.