ESMA_QA_2096

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/2096

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Regulatory Context

Regulation : EMIR

Level 1 Regulation: European Market Infrastructure Regulation (EMIR) Regulation (EU) No 648/2012- MDP

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: * EMIR Reporting

Subject Matter: Subsidiaries

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Question

Submission Date: 02 February 2024

Table 102 of the Guidelines specifies that GLEIF database should be used to determine the access rights of the relevant members of the ESCB, including the ECB in carrying out its tasks within a single supervisory mechanism, when applying the filtering for the fields 2.144 ‘Reference entity’, 1.4 ‘Counterparty 1 (Reporting counterparty’, 1.9 ‘Counterparty 2’, 1.15 ‘Broker ID’ and 1.16 ‘Clearing member’. Should the authorities in question have also access to the derivatives involving subsidiaries of the relevant entities and, if so, how the access rights should be determined?

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ESMA Answer

Answer Date: 26-01-2024

Yes, the members of ESCB, as well as any other authority covered under Article 2(11) and 2(13) of RTS 151/2013, should have access to transaction data on derivatives in which the subsidiaries of the entities falling under their supervision are involved. To determine whether an entity is a subsidiary of a supervised entity, the trade repositories should use the relationship data (so called Level 2 data) in GLEIF database.

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This document was automatically extracted from the ESMA EMIR Q&A database.