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Version date: 8 July 2021 - onwards

8.4.1 Operational aspects

Closed
30 September 2021

636. When providing access to transaction data in accordance with Article 2 of the RTS on data access, as amended by the draft RTS, TRs should include all individual trade details. Irrespective of whether the report for a derivative contract has been accepted or rejected by the TR.

637. A Union competent authority (including the competent authorities of the EU Member States) has access to all transaction data on all derivatives trades concluded by a counterparty that fall within the scope of that authority, where such counterparty is reported under counterparty data field no. 2 (Counterparty ID) or counterparty data field no. 3 (ID of the other counterparty).

638. A competent authority from a Member state has access to all transaction data on all derivatives trades concluded by a counterparty that is from the same Member State, where these competent authorities shall be provided with access to data in accordance with Article 81(3) of EMIR.

639. Union competent authorities should be given access to all transaction data on derivatives when it is the Relevant Competent Authority (RCA) according to FIRDS, where these competent authorities shall be provided with access to data in accordance with Article 81(3(j) of EMIR.

640. Union competent authorities should be given access to all transaction data on derivatives when the field "Underlying type" (T2F13) is reported with an "X" or a"B" and the field "Underlying identification" (T2F14) is populated with either: