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Version date: 20 December 2022 - onwards

7.4 Data access (paras. 663-687)

 7.4.1 Operational aspects

663. When providing access to transaction data in accordance with Article 2 of the RTS on data access, TRs should include all details of derivatives, irrespective of whether the report for a derivative has been accepted or rejected by the TR. Further clarifications to the requirement in the RTS on data access are provided in the below paragraphs.

664. A Union competent authority (including the competent authorities of the EU Member States) has access to all transaction data on all derivatives concluded by a counterparty that fall within the scope of that authority, where such counterparty is reported under field 1.4 'Counterparty 1 (reporting counterparty) ' or field 1.9 'Counterparty 2').

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