Who?

1. These guidelines apply to trade repositories (TRs) registered or recognised by ESMA, to national competent authorities (NCAs), and to reporting counterparties or the entities reporting on their behalf.

What?

2. The adopted guidelines apply in relation to:

a. the reporting without duplication of details of derivatives by counterparties and CCPs under Article 9(1) of EMIR;

b. the procedures for portability under Article 78(9) of EMIR;

c. the transfer of derivatives between TRs at the request of the counterparties, or the entity reporting on their behalf, or in the situation where the registration of a TR has been withdrawn covered by Article 79(3) of EMIR;

d. the record-keeping of details of derivatives in accordance with Article 80(3) of EMIR; and

e. Article 21(2) of RTS on registration (EMIR).

When?

3. The existing guidelines on data transfer under EMIR apply as of 16 October 2017. The amendments to these Guidelines apply as of 3 October 2022.