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Version date: 18 December 2023 - onwards

3.2 Legal provisions (paras. 4-5)

4. Article 81(1) of EMIR provides that a TR shall regularly, and in an easily accessible way, publish aggregate positions by class of derivatives on the contracts reported to it.

5. Furthermore, in accordance with Article 16(1) of Regulation (EU) No 1095/2010, the objectives of these Guidelines are to establish consistent, efficient, and effective supervisory practices within the European System of Financial Supervision and to ensure the common, uniform and consistent application of the following EMIR provisions:

a) Article 80(4) of EMIR which provides that TRs shall calculate positions by class of derivative and by reporting entity based on the details of the derivative contracts reported in accordance with Article 9 of EMIR; and,

b) Article 81(3) of EMIR which provides that a TR shall make the necessary information available to authorities to enable them to fulfil their respective responsibilities and mandates.