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Commission Implementing Regulation (EU) No 1249/2012Show full title

Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (Text with EEA relevance)

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Changes over time for: Commission Implementing Regulation (EU) No 1249/2012 (Annexes only)

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EUR 2012 No. 1249 may be subject to amendment by EU Exit Instruments made by the Bank of England under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 3. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.

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ANNEXU.K.

Tables of fields to be recorded as referred to in Article 1

Table 1
Records of transactions processed
FieldFormatDescription
1Reporting timestamp ISO 8601 date format / UTC time format.Date and time of reporting.
2Price/rate Up to 20 numerical digits in the format xxxx,yyyyy.The price per security or derivative contract excluding commission and (where relevant) accrued interest. In the case of a debt instrument, the price may be expressed either in terms of currency or as a percentage.
2aPrice notation E.g. ISO 4217 Currency Code, 3 alphabetical digits, percentage.The manner in which the price is expressed.
3Notional Currency ISO 4217 Currency Code, 3 alphabetical digits.The currency in which the price is expressed. If, in the case of a bond or other form of securitised debt, the price is expressed as a percentage, that percentage shall be included.
3aDeliverable currency ISO 4217 Currency Code, 3 alphabetical digits.The currency to be delivered.
4Quantity Up to 10 numerical digits.The number of units of the financial instruments, the nominal value of bonds, or the number of derivative contracts included in the transaction.
5Quantity notation Up to 10 numerical digits.An indication as to whether the quantity is the number of units of financial instruments, the nominal value of bonds or the number of derivative contracts.
6CCP side B=Buyer / S=Seller.
7Product ID Interim taxonomy in accordance with the information in Article 4 of Regulation (EC) xx/2012 [draft ITS on format and frequency of trade reports to trade repositories], ISIN or a unique product identifier (UPI).The contract shall be identified by using a product identifier, where available.
8Clearing member ID Legal Entity Identifier (LEI) (20 alphanumerical digits), interim entity identifier (20 alphanumerical digits), BIC (11 alphanumerical digits) or client code (50 alphanumerical digits).In case the reporting counterparty is not a clearing member, its clearing member shall be identified in this field by a unique code. In case of an individual, a client code, as assigned by the CCP, shall be used.
9Beneficiary ID Legal Entity Identifier (LEI) (20 alphanumerical digits), interim entity identifier (20 alphanumerical digits), BIC (11 alphanumerical digits) or client code (50 alphanumerical digits).If the beneficiary of the contract is not a C/P to this contract it has to be identified by a unique code or, in case of individuals, by a client code as assigned by the legal entity used by the individual.
10Party that transferred the contract (in case of give-up) Legal Entity Identifier (LEI) (20 alphanumerical digits), interim entity identifier (20 alphanumerical digits), BIC (11 alphanumerical digits) or client code (50 alphanumerical digits).
11Venue of execution ISO 10383 Market Identifier Code (MIC) where relevant, XOFF for listed derivatives that are traded off-exchange or XXXX for OTC derivatives.Identification of the venue where the transaction was executed. In case of a contract concluded OTC, it has to be identified whether the respective instrument is admitted to trading but traded OTC or not admitted to trading and traded OTC.
12Date of interposition ISO 8601 date format.The day on which the interposition of the CCP in the contract was executed.
13Time of interposition UTC time format.The time at which the interposition of the CCP in the contract was executed, reported in the local time of the competent authority to which the transaction will be reported, and the basis in which the transaction is reported expressed as Coordinated Universal Time (UTC) +/- hours.
14Date of termination of the contract ISO 8601 date format.The day on which the termination of the contract occurred.
15Time of termination of the contract UTC time format.The time at which the termination of the contract occurred, reported in the local time of the competent authority to which the transaction will be reported, and the basis in which the transaction is reported expressed as Coordinated Universal Time (UTC) +/- hours.
16Delivery type C = cash, P = physical, O = optional for counterparty.Whether the contract is settled physically or in cash.
17Settlement date ISO 8601 date format.The day on which the settlement or the buy-in of the contract is executed. If more than one, further fields may be identified.
18Time of settlement or of buy-in in the contract UTC time format.The time at which the settlement or the buy-in of the contract is executed, reported in the local time of the competent authority to which the transaction will be reported, and the basis in which the transaction is reported expressed as Coordinated Universal Time (UTC) +/- hours.
Details on the original terms of the contracts cleared, to be provided to the extent they are applicable
19Date ISO 8601 date format.The day on which the contract was originally concluded.
20Time UTC time format.The time at which the original contract was originally concluded, reported in the local time of the competent authority to which the transaction will be reported, and the basis in which the transaction is reported expressed as Coordinated Universal Time (UTC) +/- hours.
21Product ID Interim taxonomy in accordance with the information in Article 4 of Regulation (EC) xx/2012 [draft ITS on format and frequency of trade reports to trade repositories], ISIN or a unique product identifier (UPI).The contract shall be identified by using a unique product identifier where available.
22Underlying A unique product identifier, ISIN (12 alphanumerical digits and CFI (6 alphanumerical digits). Legal Entity Identifier (LEI) (20 alphanumerical digits), interim entity identifier (20 alphanumerical digits), B= Basket, or I=Index.The instrument identification applicable to the security that is the underlying asset in a derivative contract as well as the transferable security falling within Article 4(1)(18)(c) of Directive 2004/39/EC.
23Derivative type (in case of derivative contract)The harmonised description of the derivative type should be done according to one of the top level categories as provided by a uniform internationally accepted standard for financial instrument classification.
24Inclusion of the instrument in the ESMA register of contracts subject to the clearing obligation (in case of derivative contract) Y=Yes / N=No.
Other information to be provided to the extent they are applicable
25Identification of the interoperable CCP clearing one leg of the transaction Legal Entity Identifier (LEI) (20 alphanumerical digits), interim entity identifier (20 alphanumerical digits), BIC (11 alphanumerical digits) or client code (50 alphanumerical digits).
Table 2
Position records
FieldFormat
1Clearing member ID Legal Entity Identifier (LEI), interim entity identifier or BIC
2Beneficiary ID Legal Entity Identifier (LEI), interim entity identifier, BIC or Client Code
3Interoperable CCP maintaining the position Legal Entity Identifier (LEI), interim entity identifier, BIC or Client Code
4Sign of the position B=Buyer / S=Seller
5Value of the position Up to 10 numerical digits (xxxx,yy).
6Price at which the contracts are valued Up to 10 numerical digits (xxxx,yy).
7Currency ISO Currency Code.
8Other relevant information Free Text
9Amount of margins called by the CCP Up to 10 numerical digits (xxxx,yy).
10Amount of default fund contributions called by the CCP Up to 10 numerical digits (xxxx,yy).
11Amount of other financial resources called by the CCP Up to 10 numerical digits (xxxx,yy).
12AAmount of margins posted by the Clearing Member with reference to client account A Up to 10 numerical digits (xxxx,yy).
13AAmount of default fund contributions posted by the Clearing Member with reference to client account A Up to 10 numerical digits (xxxx,yy).
14AAmount of other financial resources posted by the Clearing Member with reference to client account A Up to 10 numerical digits (xxxx,yy).
15BAmount of margins posted by the Clearing Member with reference to client account B Up to 10 numerical digits (xxxx,yy).
16BAmount of default fund contributions posted by the Clearing Member with reference to client account B Up to 10 numerical digits (xxxx,yy).
17BAmount of other financial resources posted by the Clearing Member with reference to client account B Up to 10 numerical digits (xxxx,yy).
Table 3
Business records
FieldFormatDescription
1Organisational charts Free textBoard and relevant committees, clearing unit, risk management unit, and all other relevant units or divisions.
Shareholders or members that have qualifying holdings (fields to be added for each of the relevant shareholder/member)
2Type S=Shareholder / M=member.
3Type of qualified holding D=direct / I=indirect.
4Type of entity N=natural person / L=legal person.
5Amount of the holding Up to 10 numerical digits (xxxx,yyyyy).
Other documents
6Policies, procedures, processes required under organisational requirements Documents
7Minutes of Board meetings, meeting of sub-committees (if applicable) and of Senior Management Committees (if applicable) Documents
8Minutes of meetings of the risk committee Documents
9Minutes of consultation group with clearing members and clients (if any) Documents
10Reports of internal and external audit, risk management, compliance and consultant Documents
11Business continuity policy and disaster recovery plan Documents
12Liquidity plan and daily liquidity reports Documents
13Documents reflecting all assets and liabilities and capital accounts Documents
14Complaints received Free textFor each complaint: information on complaint’s name, address and account number; date of receiving the complaint; names of all persons identified in the complaint; description of the nature of the complaint; disposition of the complaint; date at which the complaint was resolved.
15Information on interruption of services or dysfunction Free textInformation on any interruption of services or dysfunction, including a detailed report on the timing, effects and remedial actions.
16Results of back and stress test performed Free text
17Written communications with competent Authorities, ESMA and the relevant members of the ESCB Documents
18Legal opinions received in accordance with organisational requirements Documents
19Interoperability arrangements with other CCPs (where applicable) Documents
20List of all clearing members (Article 17 of Regulation (EU) No XXX/2012) Free text / DocumentList in accordance with Article 17 of Regulation (EU) No XXX/2012.
21Information required by Article 17 of Regulation (EU) No XXX/2012 Free text / DocumentsLaw and Rules governing (i) the access to the CCP, (ii) the contracts concluded by the CCP with clearing members and, where practicable, clients, (iii) the contracts that the CCP accepts for clearing, (iv) any interoperability arrangements, (v) the use of collateral and default fund contributions, including the liquidation of positions and collateral and the extent to which collateral is protected against third party claims (level of segregation).
22Development on new initiative processes Free textIn case of the provision of new services.

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