3.3 Purpose
13. The guidelines are providing additional clarification for TRs, reporting counterparties and ERR on how to ensure compliance at all time with the following EMIR and SFTR provisions:
a. Article 9(1) of EMIR which provides that "Counterparties and CCPs shall ensure that the details of their derivative contracts are reported without duplication" and Article 4(1) of SFTR,
b. Article 80(3) of EMIR which provides that "A trade repository shall promptly record the information received under Article 9 and shall maintain it for at least 10 years following the termination of the relevant contracts. It shall employ timely and efficient record keeping procedures to document changes to recorded information." and Article 5(2) of SFTR;
c. Article 79(3) of EMIR which provides that "A trade repository from which registration has been withdrawn shall ensure orderly substitution including the transfer of data to other trade repositories and the redirection of reporting flows to other trade repositories." and Article 5(2) of SFTR, and.
d. The procedures for portability under Article 78(9) of EMIR and under Article 5(2) of SFTR