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Version date: 28 May 2021 - onwards

3.2 Summary of proposals

Closed
27 August 2021

10. ESMA proposes the following amendments to the existing EMIR Guidelines on transfer of data between TRs:

a. Providing guidance regarding the update of outstanding derivatives that are not meeting the most up-to-date reporting requirements at the time of the data transfer so that the TRs can ingest these records into their live systems (e.g. TRACE).

b. Porting of data generated by TRs on reconciliation and rejections in the case of registration withdrawal so that this information remains accessible to authorities. Currently, the information is not ported in case of registration withdrawal.

c. In the case of withdrawal of registration:

i. ESMA proposes to add an amendment regarding the proportional allocation of non-outstanding data not related to active clients across the remaining TRs, in case the TRs whose registration is to be withdrawn cannot enter into an agreement with one of the remaining TRs to take on the remaining historical data not related to active clients.

ii. ESMA proposes to add an amendment to the Guidelines clarifying that the non-outstanding derivatives data of varying data quality can be stored in separate databases/tables as long as it is still possible to run queries on demand.