contents table
European Market Infrastructure Regulation (EMIR)
Article 81

Article 81 — Transparency and data availability

  1. A trade repository shall regularly, and in an easily accessible way, publish aggregate positions by class of derivatives on the contracts reported to it.
  2. A trade repository shall collect and maintain data and shall ensure that the entities referred to in paragraph 3 have direct and immediate access to the details of derivatives contracts they need to fulfil their respective responsibilities and mandates.
  3. A trade repository shall make the necessary information available to the following entities to enable them to fulfil their respective responsibilities and mandates:
    1. ESMA;
    2. EBA;
    3. EIOPA;
    4. the ESRB;
    5. the competent authority supervising CCPs accessing the trade repositories;
    6. the competent authority supervising the trading venues of the reported contracts;
    7. the relevant members of the ESCB, including the ECB in carrying out its tasks within a single supervisory mechanism under Council Regulation (EU) No 1024/2013(1)
    8. the relevant authorities of a third country that has entered into an international agreement with the Union as referred to in Article 75;
    9. supervisory authorities designated under Article 4 of Directive 2004/25/EC of the European Parliament and of the Council(2)
    10. the relevant Union securities and market authorities whose respective supervisory responsibilities and mandates cover contracts, markets, participants and underlyings which fall within the scope of this Regulation;
    11. the relevant authorities of a third country that have entered into a cooperation arrangement with ESMA, as referred to in Article 76;
    12. the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council(3)
    13. the resolution authorities designated under Article 3 of Directive 2014/59/EU of the European Parliament and the Council(4)
    14. the Single Resolution Board established by Regulation (EU) No 806/2014;
    15. competent authorities or national competent authorities within the meaning of Regulations (EU) No 1024/2013 and (EU) No 909/2014 and of Directives 2003/41/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU and, 2014/65/EU, and supervisory authorities within the meaning of Directive 2009/138/EC;
    16. the competent authorities designated in accordance with Article 10(5) of this Regulation.

    A trade repository shall transmit data to competent authorities in accordance with the requirements under Article 26 of Regulation (EU) No 600/2014(5)

  4. ESMA shall share the information necessary for the exercise of their duties with other relevant Union authorities.
  5. In order to ensure consistent application of this Article, ESMA shall, after consulting the members of the ESCB, develop draft regulatory technical standards specifying the frequency and the details of the information referred to in paragraphs 1 and 3 as well as operational standards required in order to aggregate and compare data across repositories and for the entities referred to in paragraph 3 to have access to information as necessary. Those draft regulatory technical standards shall aim to ensure that the information published under paragraph 1 is not capable of identifying a party to any contract.

    ESMA shall submit those draft regulatory technical standards to the Commission by 30 September 2012.

    Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.