ESMA_QA_1061
Status: ✅ Answer Published
Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1061
Regulatory Context
Regulation : SFTR
Level 1 Regulation: Securities Financing Transactions Regulation (SFTR) Regulation (EU) 2015/2365- MDP
Level 2 Regulation: No information available
Level 3 Regulation: No information available
Topic: * SFTR Art. 4
Subject Matter: Reporting of the SFTs concluded by IORPs and pension funds
Question
Submission Date: 06 June 2023
Which are the entities that have the reporting responsibility under SFTR, for IORPs and for personal pension funds?
ESMA Answer
Answer Date: 02-06-2023
Answer provided by the European Commission in accordance with article 16b(5) of the ESMA Regulation The entities that have the reporting responsibilities under SFTR are the counterparties to the SFTs that they have concluded. Where a financial counterparty concludes an SFT with a non-financial counterparty which on its balance sheet dates does not exceed the limits of at least two of the three criteria laid down in Article 3(3) of Directive 2013/34/EU, the financial counterparty shall be responsible for reporting on behalf of both counterparties. DISCLAIMER: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.
This document was automatically extracted from the ESMA EMIR Q&A database.