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Version date: 25 March 2022 - onwards

5.1.2 Annex II - Procedure for migration in case of withdrawal of registration under EMIR

A. Initial notifications

(Voluntary withdrawal) The TR notifies ESMA, TR participants, other involved TRs and NCAs of its request to withdraw its registration at least in advance (as per Guideline 26) of the intended date of cessation of operations (in case withdrawal is requested by the TR).

Or

(Non-voluntary withdrawal) ESMA notifies the new TR(s) and the NCAs that the new TR(s) should receive data that was originally reported to the old TR (in the event that withdrawal is not requested by the TR)

B. Planning and preparation

The old TR informs the TR participants of its intention to cease operations. The TR(s) prepare(s) the migration plan, as detailed in Guideline 3, and submit it to ESMA and the new TR(s). ESMA and the other involved TRs raise any potential objections or concerns and after resolving them all parties agree on the migration plan details.

The old TR identifies the derivatives subject to transfer and provides ESMA and the other involved TRs (as part of the migration plan or separately) the following information regarding the derivatives subject to transfer per TR:

o The latest state of the outstanding derivatives received, i.e. the "trade state"

o The total number of outstanding derivatives

o The total number of records relating to lifecycle events corresponding to the outstanding derivatives