310. With respect to the field 'Cleared', under the current ITS on reporting only two statuses are reportable, namely cleared ("Yes") and non-cleared ("No"). In contrast, the CDE guidance introduces a third option: "Intent to clear".

311. In the Consultation Paper, ESMA considered that the value "Intent to clear" derived from CDE guidance is not deemed useful for supervisory purposes and not requiring it under EMIR should not have an impact on the global aggregation of data.

312. This proposal was broadly supported. Most of the responses are in favour of simplification of the values that are allowed in the field 'Cleared', mentioning the value "Intent to clear" brings little additional insights and could create confusion. Only a small number of respondents expressed preference for keeping the value in line with the CDE guidance. Additionally, one respondent commented that it would be important to distinguish between off-venue transactions executed with systematic internalisers that are cleared on the same day from uncleared trading activity that is executed off-venue with SIs. In this regard it should be noted that in the first scenario the transactions that are cleared will be reported under the new rules with action type 'Termination' and event type 'Clearing', therefore the authorities will be able to easily determine whether a given derivative was cleared.

313. In the light of received feedback and considering the arguments provided by the respondents ESMA retained the proposal not to require reporting of value "Intent to clear".